A Fist Shaken in Open Court

A rather sensational episode enlivened the testimony yesterday in the case of M. Kellogg vs. A. L. Parker, which has been on trial before Judge Humes for two days, and in which John B. Hart, Parker's attorney, and Noble Wallingford, one of Mrs. Kellogg's witnesses, clashed. Hart attempted to impeach Wallingford's character, and the latter retorted by calling Hart a liar and further threatening him when stepping down from the witness stand. The plaintiff consumed most of the day on rebuttal with evidence to impeach Parker's character for truth and veracity. These witnesses were Mrs. Harriet P. Tucker, E. C. Kilbourne, F. A. —, Orville A. Tucker and Noble Wallingford. When Wallingford had given his testimony to the effect that he believed Parker's reputation to be bad, Parker's attorney, Hart, for the cross-examination, asked: 'Mr. Wallingford, did you ever live in Napa, California?' 'Yes, sir.' Hart then recalled an old case in which Wallingford was one of numerous defendants by personal and — fully investigated by the courts. He asked Wallingford if he was the man referred to. Wallingford answered promptly, with a flushed face: 'No, sir; and you're a liar if you say so.' Hart pressed the question, but Judge Humes came to the rescue of the witness, ruling the question out of order, as properly put. Hart, failing to get in any more questions, said: 'That's all, Mr. Wallingford.' Wallingford, showing considerable anger in his face, stepped down from the witness stand and in passing Hart shook his fist in his face and hissed in his ear: 'That's not all of it for me, Mr. Hart.' Hart, who had throughout maintained his temper, turned to the court and asked for the protection of the court, in view of the threats the witness was making. Judge Humes said he had paid but little attention to the incident and had not heard the offensive words. He cautioned all parties, however, to respect the court and asked that the case proceed. Wallingford walked briskly out of the courtroom, showing considerable anger in his face, and soon after left the courthouse. This ended the incident and the case of Kellogg vs. Parker was allowed to resume. The sur-rebuttal for the defendant covered the testimony of A. L. Parker, Samuel A. Wilmot, John F. Damon and J. H. Beale. The two latter were expected to sustain the good character of Parker, but all they could say was that they knew nothing of it, good or bad. The case was given to the jury a few minutes before 6 o'clock, with instructions to return a sealed verdict.