The Art of Cross-Examination Part 29

_Mr. Sage._ "Yes."

_Mr. Choate._ "Shortly after the explosion, did he come to see you and have a chat with you?"

_Mr. Sage._ "Yes."

_Mr. Choate._ "Did you afterward read an article published in the _New York World_, headed, 'A Chat with Russell Sage,' and giving an interview with you?"

_Mr. Sage._ "Yes."

_Mr. Choate._ "When you read in that article: 'He looks as vigorous as at any time before the time of the a.s.sa.s.sination. His face bears almost no marks of the gla.s.s that had got into it after the explosion. It was clean shaven; in fact, Mr. Sage had arisen yesterday morning and shaved himself,' did that accord with your recollection at the time you read it?"

_Mr. Sage._ "No, sir; it did not. I have stated it was a gross exaggeration."

_Mr. Choate._ "When the article continued, 'The only thing that impressed one was that there was a face of an old man, hearty and robust, tenacious of life and good for many years.' Did that accord with your recollection at the time?"

_Mr. Sage._ "No, sir; it was an exaggeration. I was very badly scarred all over my face."

_Mr. Choate._ "When you read in that article: 'It was more surprising though, when Mr. Sage arose, and helping himself up at full length, exhibited all his accustomed power of personality. He was like a warrior after battle, a warrior who has come from the thick of the fight, covered with the dust of conflict, yet without a hurt to body or limb.'

Did that accord when you read it with your then present recollection?"

_Mr. Sage._ "No, sir, it did not. This is the third time you have read those articles to the jury in this case; it is like the Fourth of July oration or the Declaration of Independence."

(Mr. Choate continued and was allowed to read from this newspaper article, although his questions were constantly and urgently objected to on the part of the defence, and although Mr. Sage said that he did not read half the article "because it was an exaggerated statement from beginning to end, as most paper interviews are." Mr. Choate here went into an exhaustive examination as to the details of the accident, comparing the witness's statements at previous trials with the statements at this trial, and then continued:--

_Mr. Choate._ "Everything you did after you once appreciated the danger you were in, having read the threat contained in the letter the stranger handed you, was to gain time, was it not?"

_Mr. Sage._ "Yes, sir."

_Mr. Choate._ "You knew at that time, did you not, that Laidlaw and Norcross were in the room? Why did you not tell them to step into your private room?"

_Mr. Sage._ "I will tell you very frankly it would have been almost certain death to six or seven men. There were three other men in that room with only board part.i.tions between. It would have infuriated the stranger, and would have made him disregard me and drop the bag."

_Mr. Choate._ "Did you think of the danger that Laidlaw and Norcross were in?"

_Mr. Sage._ "No more than the other clerks. We were all alike."

_Mr. Choate._ "And the reason you did not tell them to go into the other room was that they would even then not be out of danger?"

_Mr. Sage._ "I thought it would displease Norcross, and show that I was trying to do something to head him off."

_Mr. Choate._ "And he would allow the bag to drop?"

_Mr. Sage._ "Yes, sir."

_Mr. Choate._ "And kill you?"

_Mr. Sage._ "Kill me and kill the whole of us."

_Mr. Choate._ "What is your business?"

_Mr. Sage._ "My business is banker and broker."

_Mr. Choate._ "Why do you call yourself a banker?"

_Mr. Sage._ "Because I buy stock and discount paper and make loans."

_Mr. Choate._ "You are a money lender, are you not?"

_Mr. Sage._ "Sometimes I have money to loan."

_Mr. Choate._ "At various rates of interest?"

_Mr. Sage._ "Sometimes."

_Mr. Choate._ "Varying from six to sixty per cent?"

_Mr. Sage._ "Oh, no."

_Mr. Choate._ "What is the other part of your business?"

_Mr. Sage._ "My business is operating railroads."

_Mr. Choate._ "How many railroads do you operate?"

These questions were strenuously objected to, whereupon Mr. Choate said to the court, "I think I can show that this man has so many things in his head, that he is so full of affairs, that he is not a competent witness at any time to any transaction."

_Mr. Sage._ "I am operating two."

_Mr. Choate._ "Are they large railroads or horse railroads?"

_Mr. Sage._ "Well, one of them is a large one."

_Mr. Choate._ "You help run several banks, do you not?"

_Mr. Sage._ "I am not running any banks, only a director."

_Mr. Choate._ "Are you a director in two banks?"

_Mr. Sage._ "Yes, sir."

_Mr. Choate._ "And trust companies?"

_Mr. Sage._ "Yes, sir."

_Mr. Choate._ "In the Manhattan Elevated R. R.?"

_Mr. Sage._ "Yes, sir."