ssibly substantiate. I think you ought to caution the witness to
testify only in regard to things that he recalls exactly, not to what
he thinks he remembers; and for my part I think that all that has been
testified to in the last five minutes might be well stricken out."
"Objection overruled," replied Judge Payderson, rather indifferently;
and Steger who had been talking merely to overcome the weight of
Stener's testimony in the minds of the jury, sat down.
Shannon once more approached Stener.
"Now, as near as you can remember, Mr. Stener, I wish you would tell
the jury what else it was that Mr. Cowperwood said on that occasion. He
certainly didn't stop with the remark that you would be ruined and go to
the penitentiary. Wasn't there other language that was employed on that
occasion?"
"He said, as far as I can remember," replied Stener, "that there were
a lot of political schemers who were trying to frighten me, that if I
didn't give him three hundred thousand dollars we would both be ruined,
and that I might as well be tried for stealing a sheep as a lamb."
"Ha!" yelled Shannon. "He said that, did he?"
"Yes, sir; he did," said Stener.
"How did he say it, exactly? What were his exact words?" Shannon
demanded, emphatically, pointing a forceful forefinger at Stener in
order to key him up to a clear memory of what had transpired.
"Well, as near as I can remember, he said just that," replied Stener,
vaguely. "You might as well be tried for stealing a sheep as a lamb."
"Exactly!" exclaimed Shannon, whirling around past the jury to look at
Cowperwood. "I thought so."
"Pure pyrotechnics, your honor," said Steger, rising to his feet on the
instant. "All intended to prejudice the minds of the jury. Acting.
I wish you would caution the counsel for the prosecution to confine
himself to the evidence in hand, and not act for the benefit of his
case."
The spectators smiled; and Judge Payderson, noting it, frowned severely.
"Do you make that as an objection, Mr. Steger?" he asked.
"I certainly do, your honor," insisted Steger, resourcefully.
"Objection overruled. Neither counsel for the prosecution nor for the
defense is limited to a peculiar routine of expression."
Steger himself was ready to smile, but he did not dare to.
Cowperwood fearing the force of such testimony and regretting it, still
looked at Stener, pityingly. The feebleness of the man; the weakness of
the man; the pass to which his coward
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