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of an additional three hundred thousand dollars? Give his words as near as you can
remember--exactly, if possible."
"Object!" interposed Steger, vigorously. "His exact words are
not recorded anywhere except in Mr. Stener's memory, and his memory of them cannot be
admitted in this case. The witness has testified to the general facts."
Judge Payderson smiled grimly. "Objection overruled," he returned.
"Exception!" shouted Steger.
"He said, as near as I can remember," replied Stener, drumming on the arms of the witness-
chair in a nervous way, "that if I didn't give him three hundred thousand dollars he was going to
fail, and I would be poor and go to the penitentiary."
"Object!" shouted Stager, leaping to his feet. "Your honor, I object to the whole manner in which
this examination is being conducted by the prosecution. The evidence which the district attorney
is here trying to extract from the uncertain memory of the witness is in defiance of all law and
precedent, and has no definite bearing on the facts of the case, and could not disprove or
substantiate whether Mr. Cowperwood thought or did not think that he was going to fail. Mr.
Stener might give one version of this conversation or any conversation that took place at this
time, and Mr. Cowperwood another. As a matter of fact, their versions are different. I see no
point in Mr. Shannon's line of inquiry, unless it is to prejudice the jury's minds towards accepting
certain allegations which the prosecution is pleased to make and which it cannot possibly
substantiate. I think you ought to caution the witness to testify only in regard to things that he
recalls exactly, not to what he thinks he remembers; and for my part I think that all that has
been testified to in the last five minutes might be well stricken out."
"Objection overruled," replied Judge Payderson, rather indifferently; and Steger who had been
talking merely to overcome the weight of Stener's testimony in the minds of the jury, sat down.
Shannon once more approached Stener.
"Now, as near as you can remember, Mr. Stener, I wish you would tell the jury what else it was
that Mr. Cowperwood said on that occasion. He certainly didn't stop with the remark that you
would be ruined and go to the penitentiary. Wasn't there other language that was employed on
that occasion?"
"He said, as far as I can remember," replied Stener, "that there were a lot of political schemers
who were trying to frighten me, that if I didn't give him three hundred thousand dollars we would
both be ruined, and that I might as well be tried for stealing a sheep as a lamb."
"Ha!" yelled Shannon. "He said that, did he?"
"Yes, sir; he did," said Stener.
"How did he say it, exactly? What were his exact words?" Shannon demanded, emphatically,
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