Yollop: "The first time I acted on the spur of the moment, and under stress of great excitement. I had had time to collect my wits by the time he gained possession of the revolver. I wasn't as foolhardy as I was at the beginning. I was afraid he would shoot me if I tackled him again."
Counsel: "Isn't it a fact that he appeared much stronger and not so weak and listless as when you first encountered him?"
Yollop: "I didn't notice any change in him."
Counsel: "Didn't you testify awhile ago that while he was sitting at your desk, under cover of the gun, he ate a whole box of chocolate creams,—at your generous invitation?"
Yollop: "Yes. He ate them, all right."
Counsel: "Wouldn't you, as an intelligent man, assume that a pound of chocolates might have the effect of restoring to a half-starved man a portion of his waning strength,—at least a sufficient amount to encourage him to put up some kind of a fight against you?"
The State: "We object. The question calls for a conclusion on the part of the witness, who does not even pretend to be an expert or an authority on pathological—"
Counsel: "But he DOES pretend to be an intelligent man, doesn't he? I submit, your honor, that the question is proper and I—"
The Court: "Objection sustained. The witness may state that the defendant ate a box of chocolate creams. He cannot give an opinion as to the effect the chocolates may or may not have had on him."
Counsel: "Exception."