It is not one where any doubt of the fact of the assault can enter in.

These gentlemen--the accused--kicked my client at the Market Hall last night; they kicked him with violence; with extraordinary violence; with even unprecedented violence, I may say; insomuch that he was lifted entirely off his feet and discharged into the midst of the audience.

We can prove this by four hundred witnesses--we shall call but three.

Mr.Harkness will take the stand." Mr.Harkness, being sworn, testified that he was chairman upon the occasion mentioned; that he was close at hand and saw the defendants in this action kick the plaintiff into the air and saw him descend among the audience.
"Take the witness," said Allen.
"Mr.Harkness," said Wilson, "you say you saw these gentlemen, my clients, kick the plaintiff.

Are you sure--and please remember that you are on oath--are you perfectly sure that you saw both of them kick him, or only one?
Now be careful." A bewildered look began to spread itself over the witness's face.