be an expert. If my
learned friend is going to attempt to qualify him as an expert, I
desire an opportunity to cross-examine him concerning his experience
in cows." "Not at all," answers the lawyer. "The question is entirely
proper and I stand on my legal rights." The judge hesitates; if he
does not rule correctly the lawyer will take an exception and the
Appellate Court may not like it. So he says, turning to the witness,
"You may answer, but I will reserve the question and decide it later
on a motion to strike out." "I except," says the lawyer. The jury look
relieved. The witness straightens up, the opposing lawyer sits back
in disgusted contempt at such a loose method of procedure. "Well,"
says the witness, "it was a red cow."

This may go on for some time.

"I move to strike the answer out," says the lawyer; and the argument
begins all over again.

Throughout the trial the client and the jury are waiting for these
objections and exceptions. The nature of an exception is a notice
served on the judge that his rulings are wrong. The theory is that if
he wants to change them he had better do so before the case goes to
appeal. It is a covert threat to the judge. There is a principle in
some courts that no ruling that is not excepted to can be considered
on appeal; consequently a lawyer is careful to preserve his rights by
exceptions.

A young lawyer once had this principle so firmly fixed in his mind
that when he went to court he began taking exceptions to everything,
even rulings in his favor. He would make an objection; the judge
would sustain it. "I except," said the lawyer. He would make a
motion; the judge would grant it. "I except," said the young lawyer.
The other side would make an objection; the judge would rule against
them and in favor of the lawyer, "I except," said the lawyer. Finally
the situation grew so strained that the judge called the young man to
the bench and spoke to him confidentially. His explanation was: "This
is my first case and the head of my firm told me to be sure and take
exceptions to all rulings."

Some lawyers are so in the habit of excepting, it sounds as though
they were hiccoughing. "Overruled"; "I except"; "Allowed"; "I except";
"Denied"; "I except"; "Granted"; "I except." It becomes a custom as
constant as the refrain in a comic opera.

Theoretically it may have a sound basis under the law, but so little
practical value has it that it seems ludicrous. The lawyers and the
ju