nsel forgets," he said, "or else is ignorant of the fact, that
the very object of the appointment of a guardian is because the law
considers that a minor is incapable of acting for himself. He has no
discretionary power in connection with his estate. He has no more
right to go on the witness-stand and give voluntary hearsay evidence
which shall be adverse to his own interests than he has to give away
any part of his estate which may be under the control of his trustee.
A guardian who will allow him to do either of these things without
objection will be liable for damages at the hands of his ward when
that ward shall have reached his majority. We insist on the rejection
of the offer."
The judge sat for a minute in silence, as if weighing the matter
carefully. Finally he said:--
"We do not think the testimony is competent, Mr. Goodlaw. Although the
point is a new one to us, we are inclined to look upon the law of the
case as Mr. Sharpman looks on it. We shall be obliged to refuse your
offer. We will seal you a bill of exceptions."
Goodlaw had hardly dared to expect anything else. There was nothing
for him to do but to acquiesce in the ruling of the court.
Ralph turned to face him with a question on his lips.
"Mr. Goodlaw," he said, "ain't they goin' to let me tell what I heard
Rhymin' Joe say?"
"I am afraid not, Ralph; the court has ruled that conversation out."
"But they won't never know the right of it unless I tell that. I've
got to tell it; that's what I come here for."
The judge turned to the witness and spoke to him, not unkindly:--
"Ralph, suppose you refrain from interrogating your counsel, and let
him ask questions of you; that is the way we do here."
"Yes, sir, I will," said the boy, innocently, "only it seems too bad
'at I can't tell what Rhymin' Joe said."
The lawyers in the bar were smiling, Sharpman had recovered his
apparent good-nature, and Goodlaw began again to interrogate the
witness.
"Are you aware, Ralph," he asked, "that your testimony here to-day
may have the effect of excluding you from all rights in the estate
of Robert Burnham?"
"Yes, sir, I know it."
"And do you know that you are probably denying yourself the right to
bear one of the most honored names, and to live in one of the most
beautiful homes in this community?"
"Yes, sir, I know it all. I wouldn't mind all that so much though if
it wasn't for my mother. I've got to give her up now, that's the worst
of i
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