Cross Examination of Mrs. North

Att: "Mrs. North, do you always wear glasses?"
Mrs. N.: "Yes, oh yes, for a good many years."

Att: "Is it a muscular weakness or are you perhaps nearsighted?"

Mrs. N: "I am afraid it is my age—just a fading vision.” Att: "You perhaps have two kinds of glasses-one for reading and another for distance?"

Mrs. N: "Yes, I do."

Att: "Which were you wearing the day of the accident?" Mrs. N: "Oh, my distance glasses. I always do when driving."

Att. "You say you noticed the speedometer and that it registered fifteen or twenty. Can you recall which ?"

Mrs N.: "Oh, no, it was so long ago but I am sure it was not more than that."

Att: "Would you have remonstrated with your son had it been more?"

Mrs. N; "Oh, no, I should hesitate to do that."

Att:

"Because as you say, you enjoy fast driving your

self?"

Mrs. N: "No, no. Louis would have been much annoyed if I had done such a thing."

Att: "That is never your custom then?"

Mrs. N: "Oh, no!"

Att: "Are you wearing your distance glasses today?" Mrs. N: "Yes."

Att: (holding up a card and walking toward the witness stand) "Can you distinguish the figures on this card at this distance?"

Mrs. N: "I am afraid I can not."

Att: "At this distance then?" (walking nearer)

Att: "You have had your glasses changed perhaps several times since the summer of 1916?"

Mrs. N: "I think so, once at least."

Att: "You say you think so. Are you not sure of it?"

Mrs. N: "I can't remember just when it was that I was last at the oculist."

Att: "You do not recall realizing any necessity for so doing?"

Mrs. N: "Why no, I do not."

Att: "You would say that your vision had remained about the same, for several years."

Mrs. N: "Yes, I think so."

Att: "Thank you, that is all."

Author's Note: It must be seen that the possibilities for further witnesses and further testimony in this case have not been exhausted. Expert medical or automobile testimony may be added and much further data for the defense. Imaginary witnesses of the accident and friends of both men might be called-West's wife or North's partners. Cross-examination may also be supplied, where it is now lacking.

THE PLEA OF THE DEFENDANT'S LAWYER

My opponent, the attorney for the plaintiff, will say much of rights-the rights of the poor and afflicted. I ask you, are there no rights for any other class of people in this country? Shall we give consideration only to the weak and unresourceful? Shall we, in fact, put a premium on inefficiency and laziness? On the other hand, because a man has by industry and ability accumulated a large fortune shall we point the finger of shame at him and make him the butt of whining complaints?

I can not understand by what right one man questions another's right to spend his own fortune as he chooses. I could, with equally bad taste, question my colleague's decision to spend twenty-five cents on a smoke. And I should have as much right to do so as he has to question Mr. North's decision to spend twenty-five thousand on a jewel, if he so desired.

It is truly pitiful, I grant you, the picture that will be painted of this poor fellow, too slow-witted and too

unskilled in driving even a Ford, to be able to touch his foot to the accelerator and so clear the way and save his own skin. The ordinary driver could have turned his car sharply to the left and so avoided collision. Then having sustained injuries, slight in proportion to the chances he took, he brings suit for what to him is a fortune. Talk about the unearned increment of the rich-twenty-five thousand dollars would be, in this case, an undeserved increment of the poor.

Mark you, the defendant stood ready to make amends, whether he justly should or not, for the unfortunate happening of the 23rd of June, 1916; but our sharp friends would have none of it. No, they were angling for a big fish-but the bait was too large even for a big fish to swallow.

Gentlemen of the Jury, I resent for you the implication which my opponents have cast upon you—that you are women to be moved by the untimely demise of a pet kitty. Has it come to that pass that only "sob stuff" is produced as evidence before the Honorable, the Justices of this Superior Court? Right is right-justice is justice. Etc.

LAWYER'S PLEA (PLAINTIFF)

Your Honor, and Gentlemen of the Jury,-if you have followed the testimony given in this case with the attention that is due its importance, no words of mine are needed to convince you at whose door the blame lies nor what the rights of the case are.

Imagine for a moment an honest man struggling for years against great odds, such as competition in business, the high cost of living, and family bereavements, until it seemed that the wolf, which he was endeavoring to drive from the door, was almost to break and enter. Imagine this honest man going patiently about his tasks each day always hoping for better times. Imagine him being suddenly-not lifted up, but struck down further and inextricably in the mire of misery. By his own fault? Far from it. By the careless, cruel, casual deed of a cold, calculating

millionaire, a man looking neither to the right or left in consideration of his fellow-creatures. A man who shows as little sympathy for a lonely woman's household pet as he does for an honest man's life and fortune.

What are we coming to in this world? What are we coming to in this country of ours, dedicated to the rights and happiness of free men? I ask you, could the injustice and greed of the feudal lords of other lands go further in ruthless deeds than this violation of the rights of the poor and the weak?

My client, after years of suffering caused by this man's deed, and after many ineffectual attempts to win a living by the toil of a broken body, is asking a sum for damages which is no more than this millionaire would lose or win in one day at the races. You have heard with your own ears that the price of a Locomobile is such a negligible sum to him that he cannot even recall its amount, and yet he contests this honest man's rightful demands. What would bring joy and happiness to West's home and comforts for the remaining days of his broken life-what to North is not more than the price of a jewel he might purchase for a gift-this he refuses.

Gentlemen, the facts stand out so plainly that I will not take your time with their repetition, but as you value your reputations as good men and true; as you value your record in the book of the Recording Angel, return a just and faithful verdict in this case.

CHAPTER III

THE STORY OF CITY GOVERNMENT

As a town develops, increasing in population and expanding its industries, it reaches a point where the town meeting is no longer adequate as a legislative body. It can be plainly seen that were all the voters to gather in one assembly, as in the past, it would make a throng too unwieldy for direct action. Therefore the representation of the many by the few must be resorted to. A larger corps of public officials than the time honored board of selectmen is needed also to carry on the ever increasing mass of public business.

The city government is the solution. The state legislature must first be petitioned for its consent to this change and if permission is granted-a referendum, to ascertain the will of the people, is the next step.

The charter, not unlike the constitution of a society, is drawn up by a chosen board of citizens, although formerly the embryo city accepted very much what the state legislature dictated. Great importance is attached to the charter because it not only states what form of government the city shall have, but also contains the fundamental laws by which the citizens must abide. Of course, the laws conform, in great part, to those of the state and the nation.