s upon the back. Thus they had ample notice of our intention
not to call Dr. Fisher, and if they desired that we should do so, the
motion should have been made earlier, and not at the end of our case."

"What have you to say in reply, Mr. Dudley?" asked the Recorder.

"Your Honor," said Mr. Dudley, showing by his bearing an assurance of
gaining the point for which he contended; "the excuse that the name of
Dr. Fisher does not appear among the list of witnesses for the
prosecution, is entirely aside from the issue. It is a claim that has
been made and rejected more than once. I need only remind your Honor
of the Holden case, to bring it to your Honor's immediate
recollection. That case was very similar to this one. Three surgeons
had examined the body of the deceased, and but two of these had been
called by the prosecuting attorney, counsel refusing upon the
identical ground that his name had not appeared in the indictment. The
presiding judge, Paterson, ruled that as a material witness, he must
be called. That is precisely the condition here and I hope your Honor
will see the justice of calling Dr. Fisher."

"I am decidedly of the opinion, Mr. Munson, that counsel is in the
right. This man is a witness material to the cause of justice!"

"Oh, certainly, if your Honor thinks so, we will call him. He was
omitted under the presumption that his evidence would be redundant,
and add unnecessarily to the costs." Mr. Dudley sat down much pleased
at his victory, and older lawyers nodded approvingly at his skilful
presentation of the law. Dr. Fisher, being in court, was then asked to
take the stand. Mr. Munson examined him with evident reluctance.

"You attended Miss Sloane in her last illness, Doctor?" he began.

"Yes, sir!"

"From what disease was she suffering?"

"Diphtheria."

"Any other disease?"

"Not to my knowledge."

"Then of course you saw no symptoms of Bright's disease?"

"Well, my attention was not called to any such trouble."

"Be kind enough to give us a direct reply. Did you, or did you not,
discover symptoms of Bright's disease?"

"I cannot say that she did not have that disease, but she made no
complaints which made me suspect it."

"Exactly! You did not suspect that she had Bright's disease, until you
heard it suggested here during this trial. Is that about it?"

"I did not consider it at all."

"Now, then, I believe that you called Dr. Meredith into the case?"

"Yes, sir."

"Why did you