steps toward the witness, the
young lawyer began his cross-examination. His task did not call for
the easy nonchalance of his more experienced adversary, who had the
advantage of knowing in advance just what his witness would testify.
It was for him to lead a stubborn and unwilling witness through the
mazes of a well-prepared story, to unravel, if possible, some of its
well-planned knots and convince the jury if he could that the witness
was not reliable and his testimony untrustworthy.

But this required a master in the art of cross-examination, and a
master begins the study of his subject--the witness--before the trial.
In subtle ways with which experience has made him familiar, he studies
his man, his life, his character, his habits, his strength, his
weakness, his foibles. He divines when he will hesitate, when he will
stumble, and he is ready to pounce upon him and force his hesitation
into an attempt at concealment, his stumble into a fall.

It is no discredit to Nathan Goodbody that he lacked the skill and
cunning of an astute cross-examiner. Unlike poets, they are made, not
born, and he found the Swede to be a difficult witness to handle to
his purpose. He succeeded in doing little more than to get him to
reaffirm the damaging testimony he had already given.

Being thus baffled, he determined to bring in here a point which he
had been reserving to use later, should Milton Hibbard decide to take
up the question of Peter Junior's lameness. As this did not seem to be
imminent, and the testimony of Nels Nelson had been so convincing, he
wished of all things to delay the calling of the next witness until he
could gain time, and carry the jury with him. Should Betty Ballard be
called to the stand that day he felt his cause would be lost.
Therefore, in the moment's pause following the close of his
cross-examination of the last witness, he turned and addressed the
court.

"May it please the Court. Knowing that there is but one more witness
to be called, and that the testimony of that witness can bring forward
no new light on this matter, I have excellent reason to desire at this
time to move the Court to bring in the verdict of not guilty."

At these words the eyes of every one in the court room were turned
upon the speaker, and the silence was such that his next words, though
uttered in a low voice, were distinctly heard by all present.

"This motion is based upon the fact that the State has failed to prove
the