Henry Billings Brown

“ Arms Co. that, where it is shown by the opening statement of the plaintiff's counsel that he has no case, the court may direct the jury to find a verdict for the defendant without going into the evidence. I know of no reason why the same rule should not apply to the defendant, who assumes in his opening to state a defense. If the facts stated in such opening do not constitute a defense, the court is at liberty to rule out the evidence, and either direct a verdict for the plaintiff or submit the case to the jury upon the plaintiff's testimony. ”

“ In support of his first defense he made a statement of facts which, as I understand, were not disputed, but which had no tendency to show that he had duly accounted for the money; and put a witness upon the stand to give testimony, which the court held was not relevant to the issue, and made out no defense. ”