< Page:The Green Bag (1889–1914), Volume 22.pdf
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488

The Green Bag HIS PICTURE IN EVIDENCE

OME Chariton bottom farmers were suing the Cataract Pipe Line Company for $100,000, alleging that a break in the line had flooded their land with oil and blighted it. The case came on for trial in the La Plata Division of the Macon county, Me., Circuit Court. The defendant's claim attorney, Barney Malone, was a short, fat man, with a

round, good humored face, and receding hair. Mr. Malone had been very active in securing evidence and in looking after all features of the defense. When the defense came on Mr. Malone introduced a large number of photographs of the flooded area to show vegetation was still growing thereon luxuriantly. In order that comparisons might be made, Mr. Malone was photographed with the natural scenery. John T. Barker, 9. tall, slender young man, with Joe Chamberlain eye-glasses, cross examined Mr. Malone on behalf of the injured farmers. "I notice here on defendant's exhibit, A,

some one posing amid the verdure," remarked Mr. Barker, adjusting his glasses and regard ing the photograph intently. "Who is that .7" "Me," replied the witness. "And who are you?" "Barney Malone, they call me." "Your profession is?" "Claim attorney." "For the Standard Oil Company?" "No, sir! For the Cataract Oil and Gas Company." “Oh!" Mr. Barker gingerly fingered another exhibit, examined it as though he were studying some Egyptian hieroglyphics, and asked :— “Who is this bald headed man there in the weeds?" "Barney Malone is his name." "Will you please point Barney Malone out to the jury?" “That's me, sir." "Oh! And you are—." "An attorney." "For the Standard Oil Company?" "No, sir! For the Cataract Company. I told you that once." “So you did. Now, here's defendant's exhibit D, I believe. The evidence offered is a man, with a smooth round head, and a moon-shaped—" "That’s me, sir," exclaimed the witness, angrily.

"Ah, so it is. I beg your pardon. My eyesight is not of the best. And- your name

is?" “Barney Malone, claim attorney Cataract Oil and Gas Company," replied the witness, wearily. "Thank you," said Barker, pleasantly. “I was going to ask you that." "I'm in all those pictures.”

“Indeed?" "Yes, sir." "You had all these pictures taken to show yourself to this jury?" "To show them how high the grass and things were growing as compared with the height of a man." "I see. This"-—indicating——"is the man and this the grass and growing things?"

“That's me all right." "Did the Standard Oil—-" "The Cataract Oil and Gas Company." "Excuse me. Did the Cataract Oil and Gas Company pay for all these pictures of its claim attorney to exhibit to this jury?" "They paid for these photographs that show how things will grow on land you claim we blighted." “You think these pictures show nothing there that is blighted?" llsure‘il

“You are in all of these?" "I admitted that a dozen times. Do you want me to keep repeating it all day?" “No. We'll stop when we get through with the pictures. Now, I hand you defend ant's exhibit E. The gentleman sunning himself amid the growth there is?" "Barney Malone, claim attorney Cataract Oil and Gas Company." "And will you be good enough to indicate to the jury where Barney Malone is?" The claim attorney pointed to himself. "I'm simply taken with the weeds to-—" "To show how you both grow up,"finished Barker. "There's nothing wrong in that, I'm sure.

Now, defendant's exhibit F likewise

represents some well-grown weeds and a fairly well grown man in the garden——some farmer, possibly, judging—" "The man in the picture is Barney Malone,

and that's me!" ' “Barney Malone, claim attorney for the Stand—-" "For the Cataract Oil and Gas Company. Please remember that, Mister." “So I will. You say you're in all of them?"

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