d got from him such damaging
statements, that it could be fairly claimed to the jury that the whole
case was prosecuted in the interest of Ward. If so, this would exclude
his testimony wholly. This was in the dark legal days, when not only
were parties excluded from giving evidence, but a pecuniary interest
in the result of the suit to the value of one mill, would render a man
incompetent as a witness.
Ward had not expected to appear as a witness at all, and though a
shrewd man, he came upon the stand not well knowing the legal ground
he was upon; and the questions came so thick upon each other, that
they fairly took his breath. If plaintiff objected to a question,
it was at once withdrawn, and another instantly put, so that he was
rather confused, than aided, by his counsel's interference.
It was certainly a relief to both Kelly and Ward, when the latter,
tattered and battered, was permitted, with the ironical thanks of
Bart, to retire; and the plaintiff's rebutting evidence closed. Bart
called two or three to sustain Bullock, and rested also. This was near
the close of Wednesday.
Mr. Kelly then arose, and delivered the opening of the final argument
to the jury, contenting himself with presenting his own case. He
only glanced at the case of defense, and said he would reserve full
argument on this, as he might, until he had heard from the other side.
As Bart arose to commence, the Court said:
"Mr. Ridgeley, we will hear you in the morning. Mr. Sheriff, adjourn
the Court until to-morrow morning."
CHAPTER XLVIII.
THE ADVOCATE.
At the opening of the Court on Thursday, the court room was crowded.
The interest in the case was general, and the character of the
facts, and principal witnesses for the defense, was such as appealed
powerfully to the memories and early associations of the people, and
there was an earnest desire to hear the speech of the young advocate,
whose management of the case had so far, won for him the heartiest
admiration.
When the jury had answered to their names, "Mr. Ridgeley, proceed with
your argument," said Judge Humphrey. The young man rose, bowed to the
Court and jury, and stood silent a moment, with his eyes cast down,
and it was at first thought on his rising for his speech, that he
was laboring under embarrassment. When he raised his eyes, however,
embarrassed as he certainly was, and commenced with a low sweet voice,
it was discovered that his faltering was due mainly
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