Counsel. "Apart from that consideration I presume you have no particular desire to spend a term of years in Sing Sing prison?"
Prisoner. "Certainly not, sir."
Counsel. "Well, you have heard twelve respectable citizens take the witness-stand and swear they voted the Republican ticket in your district, have you not?"
Prisoner. "Yes, sir."
Counsel (pointing to the jury). "And you see these twelve respectable gentlemen sitting here ready to pass judgment upon the question of your liberty, do you not?"
Prisoner. "I do, sir."
Counsel (impressively, but quietly). "Well, now, Mr. ----, you will please explain to these twelve gentlemen (pointing to jury) how it was that the ballots cast by the other twelve gentlemen were not counted by you, and then you can take your hat and walk right out of the court room a free man."
The witness hesitated, cast down his eyes, but made no answer—and counsel sat down.
Of course a conviction followed. The prisoner was sentenced to five years in state prison. During the following few days nearly thirty defendants, indicted for similar offences, pleaded guilty, and the entire work of the court was completed within a few weeks. There was not a single acquittal or disagreement.
Occasionally, when sufficient knowledge of facts about the witness or about the details of his direct testimony can be correctly anticipated, a trap may be set into which even a clever witness, as in the illustration that follows, will be likely to fall.