technical argument took place
between the lawyers over this. It occupied all the rest of the morning
session. The statement was finally admitted, but the discussion had
served to impress on the jury the fact that the testimony of a witness
whose credibility cannot be judged of by personal inspection, and who is
saved by death from the cross-examination of the lawyer of the other
side, is evidence which the law admits only under protest.

Wiley scored his first tangible success in his cross-examination of the
two men who had come to Lydia's assistance. On direct examination they
had testified to the high rate of speed at which Lydia had been going.
Wiley, when they were turned over to him, contrived to put them in a
position where they were forced either to confess that they had no
knowledge of high rates of speed or else that they themselves frequently
broke the law. Wiley was polite, almost kind; but he made them look
foolish, and the jury enjoyed the spectacle.

This success was overshadowed by a small reverse that followed it. The
prosecution had a long line of witnesses who had passed or been passed
by Lydia just before the accident. One of these was a young man who was
a washer in a garage about a mile away from the fatal corner. He
testified in direct examination that Lydia was going forty-five miles an
hour when she passed the garage.

Wiley stood up, severe and cold, his manner seeming to say, "of all
things in this world, I hate a liar most!"

"And where were you at the time?"

"Standing outside the garage."

"What were you doing there?"

"Nothing."

"Nothing?"

"Smoking a pipe."

"At three o'clock in the afternoon--during working hours?" Wiley made it
sound like a crime. "And during this little siesta, or holiday, you saw
the defendant's car going at forty-five miles an hour--is that the
idea?"

"Yes, sir."

"And will you tell the jury how it was you were able to judge so exactly
of the speed of a car approaching you head-on?"

The obvious answer was that he guessed at it, but the young man did not
make it.

"I do it by means of telegraph poles and counting seconds."

It then appeared that the young man was accustomed to timing automobile
and motorcycle races.

Lydia saw Foster faintly smile as he glanced at his chief. Evidently the
defense had fallen into a neatly laid little trap. She glanced at Wiley
and saw that he was pretending to be delighted.

"Exactly, exactly!" he was saying,