"We contend," said Goodlaw, in support of his offer, "that neither the
trustee-plaintiff nor his attorney are persons whom the law recognizes
as having any vital interest in this suit. The witness on the stand is
the real plaintiff here, his are the interests that are at stake, and
if he chooses to give evidence adverse to those interests, evidence
relevant to the matter at issue, although it may be hearsay evidence,
he has a perfect right to do so. His privilege as a witness is as high
as that of any other plaintiff."
But Sharpman was on the alert. He arose to reply.
"Counsel forgets," he said, "or else is ignorant of the fact, that
the very object of the appointment of a guardian is because the law
considers that a minor is incapable of acting for himself. He has no
discretionary power in connection with his estate. He has no more
right to go on the witness-stand and give voluntary hearsay evidence
which shall be adverse to his own interests than he has to give away
any part of his estate which may be under the control of his trustee.
A guardian who will allow him to do either of these things without
objection will be liable for damages at the hands of his ward when
that ward shall have reached his majority. We insist on the rejection
of the offer."
The judge sat for a minute in silence, as if weighing the matter
carefully. Finally he said:--
"We do not think the testimony is competent, Mr. Goodlaw. Although the
point is a new one to us, we are inclined to look upon the law of the
case as Mr.
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