Stanley Matthews

“ The refusal to allow him to be sworn seems to have emanated from the court sua sponte, on the ground that he was acting as an attorney for the plaintiff in conducting the trial of the cause. There is nothing in the policy of the law, as there is no positive enactment, which hinders the attorney of a party prosecuting or defending in a civil action from testifying at the call of his client. In some cases it may be unseemly; especially if counsel is in a position to comment on his own testimony, and the practice, therefore, may very properly be discouraged. ”

“ The plaintiff in error, who was plaintiff below, a citizen of Massachusetts, brought his action at law in the circuit court of the United States for the district of Colorado, against the defendant in error, to recover for the value of services alleged to have been performed by him for the defendant as a broker, in reference to the sale of certain mining property in which the defendant was interested. ”