Mr. Harkness, being sworn, testified that he was chairman upon the occasion mentioned; that he was close at hand and saw the defendants in this action kick the plaintiff into the air and saw him descend among the audience.

“Take the witness,” said Allen.

“Mr. Harkness,” said Wilson, “you say you saw these gentlemen, my clients, kick the plaintiff.  Are you sure—­and please remember that you are on oath—­are you perfectly sure that you saw both of them kick him, or only one?  Now be careful.”

A bewildered look began to spread itself over the witness’s face.  He hesitated, stammered, but got out nothing.  His eyes wandered to the twins and fixed themselves there with a vacant gaze.

“Please answer, Mr. Harkness, you are keeping the court waiting.  It is a very simple question.”

Counsel for the prosecution broke in with impatience: 

“Your honor, the question is an irrelevant triviality.  Necessarily, they both kicked him, for they have but the one pair of legs, and both are responsible for them.”

Wilson said, sarcastically: 

“Will your honor permit this new witness to be sworn?  He seems to possess knowledge which can be of the utmost value just at this moment —­knowledge which would at once dispose of what every one must see is a very difficult question in this case.  Brother Allen, will you take the stand?”

“Go on with your case!” said Allen, petulantly.  The audience laughed, and got a warning from the court.

“Now, Mr. Harkness,” said Wilson, insinuatingly, “we shall have to insist upon an answer to that question.”

“I—­er—­well, of course, I do not absolutely know, but in my opinion—­”

“Never mind your opinion, sir—­answer the question.”

“I—­why, I can’t answer it.”

“That will do, Mr. Harkness.  Stand down.”

The audience tittered, and the discomfited witness retired in a state of great embarrassment.

Mr. Wakeman took the stand and swore that he saw the twins kick the plaintiff off the platform.

The defense took the witness.

“Mr. Wakeman, you have sworn that you saw these gentlemen kick the plaintiff.  Do I understand you to swear that you saw them both do it?”

“Yes, sir,”—­with derision.

“How do you know that both did it?”

“Because I saw them do it.”

The audience laughed, and got another warning from the court.

“But by what means do you know that both, and not one, did it?”

“Well, in the first place, the insult was given to both of them equally, for they were called a pair of scissors.  Of course they would both want to resent it, and so—­”

“Wait!  You are theorizing now.  Stick to facts—­counsel will attend to the arguments.  Go on.”

“Well, they both went over there—­that I saw.”

“Very good.  Go on.”