The lawyer asks an apparently good question. "I object," says the
other lawyer, "on the ground that it is incompetent, irrelevant, and
immaterial." The judge has to rule. He may not exactly have heard the
question. The stenographer reads it again. The other lawyer leans
forward in a frenzy of fear lest the question be ruled out. He begins
to argue.
"The question is perfectly proper; the witness ought to be permitted
to answer it." "No," says the other lawyer, "it is improper in form,
calls for a conclusion, and should not be allowed." The judge looks
puzzled. "Read that again," he says. The question is, "What kind of a
cow was it you saw in the plaintiff's garden?" "I still object," says
the lawyer. "The witness has not been shown to be an expert. If my
learned friend is going to attempt to qualify him as an expert, I
desire an opportunity to cross-examine him concerning his experience
in cows." "Not at all," answers the lawyer. "The question is entirely
proper and I stand on my legal rights." The judge hesitates; if he
does not rule correctly the lawyer will take an exception and the
Appellate Court may not like it. So he says, turning to the witness,
"You may answer, but I will reserve the question and decide it later
on a motion to strike out.
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