"Unquestionably. To all cases—this case and all others."
"You were to do nothing further for the Commonwealth in this or any other case?"
"Precisely."
"If the Supreme Court had subsequently reversed the case, and it had gone back for a new trial, and had been tried before a jury, so that the company's officers could have been subpœnaed and compelled to testify, would you then, after receiving this money, have been at liberty to assist in getting that testimony together for the Commonwealth, and aiding the Commonwealth?"
"I should say not."
"You were free to do it prior to your arrangement?"
"Certainly."
"By whom was it"—the negotiation—"begun?" he was asked.
"By the representative of the company," he replied, naming him.[336]
When this bargain was arranged and the first payment made only an opinion had been filed. No judgment had been entered. There was still time to make any one of many moves. Reargument and new trial both were possible.