It was claimed by Mr. Sage's counsel upon the appeal that "the right of cross-examination was abused in this case to such an extent as to require the reversal of this monstrous judgment, which is plainly the precipitation and product of that abuse." And the Court of Appeals unanimously took this view of the matter.
The portions of the cross-examination that were especially excepted to were the rejected jurors' conversation with Mr. Sage; the defendant's lack of sympathy for the plaintiff; the article in the _New York World_; the defendant's omission to give warning of the impending explosion, and the defendant's wealth and the extent and character of his business.
_Mr. Choate._ "I hope you are very well this morning, Mr. Sage?"
_Mr. Choate._ "Do you remember swearing to the answer in this case?"
_Mr. Choate._ "Do you remember swearing to the answer in this case?"
_Mr. Sage._ "It was prepared by my counsel."
_Mr. Choate._ "Counsel in whom you have every confidence?"
_Mr. Choate._ "Prepared after you had given a careful statement of your case to them?"
_Mr. Sage._ "Such statement as I thought necessary."
_Mr. Choate._ "Did you mean to conceal anything from them?"
_Mr. Choate._ "Did you read the complaint over with your counsel before you swore to the answer?"
_Mr. Choate._ "Just imagine you were down at the Stock Exchange now, and speak loud enough so that gentleman can hear you."
_Mr. Choate._ "Did you read your answer before you swore to it?"
_Mr. Choate._ "It was true, then, was it not?"
_Mr. Choate._ "I call your attention to a statement made in the answer." (Mr. Choate here read from Mr. Sage's answer in which he swore that he was in conversation with Mr. Norcross while Mr. Laidlaw was in the office, Mr. Sage having testified differently the day before.) "Was that true?"
_Mr. Sage._ "I don't know. I didn't catch it."
_Mr. Choate._ "I didn't want you to catch it. I wanted you to answer it. You observe, do you not, that the answer says that the plaintiff Laidlaw was in your office while you were conversing with the stranger?"
_Mr. Sage._ "I observe that, but I want to state the fact as I did yesterday."
_Mr. Choate._ "Answer my question. Did you observe it?"
_Mr. Choate._ "Put down your fist and answer my question."