The judge admonished the defendant's attorney to hold the witness within proper bounds and to proceed with the examination.
In the meantime, Goodlaw had been thinking. He felt that it was of the highest importance that this occurrence in Sharpman's office should be made known to the court and the jury, and that without delay. There was but one theory, however, on which he could hope to introduce evidence of all that had taken place there, and he feared that that was not a sound one. But he determined to put on a bold face and make the effort.
"Ralph," he said, calmly, "you may go on now and give the entire conversation as you heard it last night between Mr. Sharpman and Rhyming Joe."
The very boldness of the question brought a smile to Sharpman's face as he arose and objected to the legality of the evidence asked for.
"We contend," said Goodlaw, in support of his offer, "that neither the trustee-plaintiff nor his attorney are persons whom the law recognizes as having any vital interest in this suit. The witness on the stand is the real plaintiff here, his are the interests that are at stake, and if he chooses to give evidence adverse to those interests, evidence relevant to the matter at issue, although it may be hearsay evidence, he has a perfect right to do so. His privilege as a witness is as high as that of any other plaintiff."
But Sharpman was on the alert. He arose to reply.
"Counsel forgets," he said, "or else is ignorant of the fact, that the very object of the appointment of a guardian is because the law considers that a minor is incapable of acting for himself. He has no discretionary power in connection with his estate. He has no more right to go on the witness-stand and give voluntary hearsay evidence which shall be adverse to his own interests than he has to give away any part of his estate which may be under the control of his trustee. A guardian who will allow him to do either of these things without objection will be liable for damages at the hands of his ward when that ward shall have reached his majority. We insist on the rejection of the offer."
The judge sat for a minute in silence, as if weighing the matter carefully. Finally he said:—
"We do not think the testimony is competent, Mr. Goodlaw. Although the point is a new one to us, we are inclined to look upon the law of the case as Mr. Sharpman looks on it. We shall be obliged to refuse your offer. We will seal you a bill of exceptions."
Goodlaw had hardly dared to expect anything else. There was nothing for him to do but to acquiesce in the ruling of the court.