en the
evidence is uncontradicted that he told Brown he was a veterinary and
treated his horse. I'd be violating my oath if I voted for acquittal
after that testimony. I ain't going to commit perjury for nobody! I'd
like to oblige you gentlemen, too, and vote your way, but I just can't
with that evidence stickin' in my crop. If it wasn't for that--"
"He could 'a' treated the horse without doing it as a veterinary, just
as Mr. Tutt said!" interjected the tall man.
"Good for you!" said the salesman, fully restored to equanimity. "You're
gettin' intelligent. Serve on a few more juries--"
"But he said he was a veterinary," insisted Brown's friend. "How could
he have treated the horse as anything else but as a veterinary when he
said he was treating him as a veterinary?"
"Maybe he just thought he was doing it as a veterinary", commented the
gloom in black. "He may have tried to do it as a veterinary and failed.
In that case he didn't do it as a veterinary but just as a plain man.
Get me?"
"No, I don't!" snorted the red-faced one. "That's all bull. He said he
was a vet and he treated the horse as a vet and got five dollars for
it."
"How do you know he did?" unexpectedly asked Bently.
"Because he said so himself. That was part of the conversation between
Brown and Lowry," declared the obstinate summer friend of Brown. "If it
wasn't for that--"
"If it wasn't for that you'd acquit?" demanded Bently sharply.
"Yes. Sure I would!"
"Then I say you should disregard all that conversation because it was a
privileged communication between a doctor--Brown--and his
patient--Lowry!" declared Bently heatedly.
"But the judge said it wasn't privileged!" retorted the other.
"Mr. Tutt said it was, though," shot back the salesman.
"Well, the judge said--"
"Let's go in and find out who said what," proposed the tall man. "I'd
like to know myself. I don't remember who said anything any longer."
So they filed back into court.
"Your Honor," stuttered the foreman, licking his lips in embarrassment,
"some of the gen'l'muns vant to inguire veder the gonversation between
Mr. Brown and Mr. Lowry is privileged or veder we haf to belief it?"
The judge, who had evidently expected that the return of the jury was
for the purpose of declaring the defendant guilty, scowled.
"The rule is," said he wearily, "that conversations between a doctor and
his patient are privileged and cannot be testified to without the
consent of
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