Thesiger was for the plaintiff, who complained of a nuisance caused by the bad smells that emanated from a certain tank on the defendant's premises, and called a very respectable but ignorant labouring man to prove his case.
The witness gave a description of the tank, not picturesque, but doubtless true, and into this tank all kinds of refuse seem to have been thrown, so that the vilest of foul stenches were emitted.
Platt began his cross-examination of poor Hodge by asking him in his most coaxing manner to describe the character and nature of the various stenches. Had Hodge been scientific, or if he had had a little common sense, he would have simply answered "bad character and ill-nature;" but he improved on this simplicity, and said,—
"Some on 'em smells summat like paint."
This was quite sufficient for Platt.
"Come now," said he, "that's a very sensible answer. You are aware, as a man of undoubted intelligence, that there are various colours of paint. Had this smell any particular colour, think you?"
"Wall, I dunnow, sir."
"Don't answer hurriedly; take your time. We only want to get at the truth. Now, what colour do you say this smell belonged to?"
"Wall, I don't raightly know, sir."
"I see. But what do you say to yellow? Had it a yellow smell, think you?"