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On the morrow the first witness called by the prosecution in rebuttal was old Kraus, and now it was Mr. Rush's turn to shout "Immaterial, Irrelevant and Incompetent," so that it was well-nigh impossible for the jury to do more than guess what the choleric person with a strong German accent was talking about. The district attorney fought valiantly to draw forth the story of Frieda's nocturnal visit to the Kraus home in search of advice after hearing Mrs. Balfame enter the kitchen from the yard, but his efforts ended in a shouting contest between the prosecution and the defence, both deserting their positions before the jury-box and wrangling before the Judge like two angry school-boys. Alys Crumley longed to laugh aloud, but not so the Judge. He asked them curtly how he was to know what was their point of dispute if they both talked at once. He then commanded Mr.
Rush to state in as few words as possible what he was objecting to; and when the counsel for the defence had stated his purely legal reasons for blocking this purely hearsay testimony, the Judge abruptly threw Mr. Kraus out of court. Rush, flushed and triumphant, returned to his chair below the jury-box, and Mr. Gore sulkily called the name of Miss Frieda Appel.