Witness. "I certainly do."
Counsel. "I again read you from the coroner's minutes a question asked you by the coroner himself. Question by the coroner, 'Did you at any time while in the office or the large room of the asylum see Hilliard fall or stumble?' Answer, 'No, sir; I never did.' What have you to say to that?"
Witness. "That is correct."
Counsel. "Then what becomes of your statement made to the jury but fifteen minutes ago, that you saw him totter and fall backward several times?"
Witness. "It was brought out later on before the coroner."
Counsel. "Brought out later on! Let me read to you the next question put to you before the coroner. Question, 'Did you at any time see him try to walk or run away and fall?' Answer, 'No, I never saw him fall.' What have you to say to that?"
Witness. "Well, I must have put in about the tottering in my affidavit, and omitted it later before the coroner."
At the beginning of the cross-examination it had been necessary for the counsel to fight with the Court over nearly every question asked; and question after question was ruled out. As the examination proceeded, however, the Court began to change its attitude entirely toward the witness. The presiding judge constantly frowned on the witness, kept his eyes riveted upon him, and finally broke out at this juncture: "Let me caution you, Mr. Minnock, once for all, you are here to answer counsel's questions. If you can't answer them, say so; and if you can answer them, do so; and if you have no recollection, say so."
Witness. "Well, your Honor, Mr. —— has been cross-examining me very severely about my wife, which he has no right to do."
Court. "You have no right to bring that up. He has a perfect right to cross-examine you."