by John Marshall Harlan

“ Defendant. 'And will not permit me to come in and show that they were all accounted for?
Court. 'If you wish to offer any testimony as to matters of fact beyond and outside of such matters of fact as were opened by you to the jury, I will hear a statement of what those matters of fact are, and pass upon them. If there be nothing beyond that which it is now desired by you to offer, if there be nothing beyond that, then all parties have the benefit of my distinct ruling that they are irrelevant, each and all of them, to this issue, and that they constitute no defense. ”

“ Defendant. 'I will have to ask your honor to save us an exception on that.'
At a later stage of the trial the court announced that there was nothing to be argued except the credibility of the evidence that had been introduced on behalf of the plaintiff. The conclusion of the charge to the jury was: 'I need not say to you, gentlemen, that nothing has occurred in this testimony which in the slightest degree reflects upon the integrity or honesty or upright conduct of anybody who is concerned, or who has been at any time concerned, in this transaction. ”

“ The defendant thereupon moved the court to direct the jury to render a verdict in its favor. The plaintiff's counsel having, in response to a direct inquiry by the court, asserted the truth of the statement so made by him to the jury, the motion for a verdict in favor of the defendant was sustained. This court said that the power to act in the disposition of a trial upon facts conceded by counsel is as plain as its power to act upon the evidence produced. ”