◆ SpookStack

Nos. 77-1698, 77-1210 & 77-1870 121 the defendants had never entered into a stipulation using that word. He aceused Haas of a “deliberate, willful, and intentional] intent to prejudice the jury.” The defense was incorrect because the word “raid” had been used in the stipulation and indeed I am at a loss as to why this type of objection would have been made as there could be little doubt in my mind, and I have so characterized it herein, that the service of the search warrant on the morning of December 4, 1969, was a raid within the common dictionary definition of that word. The situation no doubt became more distressing to plaintiff's counsel when the judge told the jury that Haas had deliberately and willfully misread a statement and subsequently, after a transcript had been obtained, did not upon the request of Haas advise the jury that Haas’ statement was not a misrepresentation. At this point Taylor for some reason got into the act and as he slapped papers on the table his hand knocked off the pitcher which broke onto the floor. The glass lining of the pitcher was broken. In dealing with this incident in the Anderson plaintiffs’ brief, typical of the hyperbole throughout the brief was the reference to defense counsel’s bringing to the attention of the judge that a water pitcher was broken which caused the brief we to characterize the defense counsel as “the snitch.” The appellants’ brief concedes the judge’s action finally got them good and mad by refusing to hear them and that they returned to their table flinging down their papers in anger and frustration. At a further point the brief indicates that, “Taylor, by contrast, gave the judge grist for his mill, by letting him get his goat, to mix metaphors. In a case without such pervasive bias and unremitting provocation by the Court, some rebuke might arise on such a gesture. . ” I have no reason for believing that Taylor deliberately knocked the pitcher off onto the floor. On the other hand one cannot safely predict the consequences of uncon- trolled anger which should not occur, or at least which Should not be exhibited in the courtroom by counsel.