Weekly national intelligencer., 1847-12-25

TAs Court cleared. When ,hs doors were again
csensd--
Iss, CD Fremont Proceeded % rs.d bis srgamsn, in
dcsnos a hs qussau poi Co Ras-. regarding his hav
ma spi With Gsn. ksany the Generals quarters
ss night q As ieA q January. ID foIoss'
Mr. PnsaS1sT TIE gaes,ioa earvd. and allowed 10
ssseri hsaas ard was ~ conversation ~ relation
- L tst ffeaeHi and tLs sascfs geaHetiei lsh him. ke
- ar gerr tas saF An tbs drsisioa oihe Court aPOu
an thsss SsFs That che question Is excluded under
rule ths seris,ion "a witnsssas by party
collateral matter eisl'sd ~ hs animation The
Lieut. Col frcaoe = advised y his counsel the ques-
uon ehred srms uo'hnK implies Hohiug, and ieads 10
nohing that Il iserry inirodueiar, aud that
al l.s given A., opinion can formed Of
character, urF any a. tr aspects mentioned by le Court
as The rssaoa ~ sng s"d ua' he has not been called
upon 70 state saai The answer xpcetsd 10 be-
Relieving that ihe decision Court premature aud
ha sginsni upon inlrodasiory question would
other qars,ooi ica Col n deemed Il due irankness
aad conducive % M and r dessian lay open his
whole object 10 h Court add 10 make known s intention 70
offer series "a questions founded upon Gen keanys mega
tive % qsrsoaE put him the
gave. u this desga LieuL Col " gave the notee the
Court lai the tine that he asked leave submit
gu@eni "a pPat q .ae qarson ruled oa'l which made
known his Intention 70 ohr further questions with view 20
contradict Gc keArhy aud ia regard which notice and
reques, the Court decided ioilowsi
"The Court will receive the argument u Lieut.. Col.
Fremont the prOprcy and materially Of this inquiry, (he
question ruled The Court utimass tc accused, Ia
rreenee 70 s notice given by him. that the Court must be un
b. cross cxani'nation.'
Lieut. Col Fremont does not understand BY the word
"r," used ia the decisions Of the Court any thing
than the rules of evidence, understood BY Court
Ia s he rePiesto ~ aud Is advised by his counsel
say that there Is rule o. evidence which would exclude the
question which he has offered, any that he Intends
offer, that while he admits the rule he denies is applca
lion and insists under the advice Of counsel that the ques
ton which he has asked, neither IN itself eson
with those which IL is introductory, s either irrelevant
immaera rciereaee 20 any previous collateral ques
ton And he i instructed by his counsel 10 say, thai ia the
xhu of
dignity OF the Court, and Of the gravity OF the before IT,
10 say nothing Of some sercspeet 10 occupy lis attention
Intentionally, tor single moment, with questions either n-
material irrelevant that with respect collateral nqui
rie they made up their minds after due consideration aud
one Intentionally they Know they point OF act
they believe thsy have and il the purpose this
argument show that they have This leads the in
qury what is n.matera what Irrelevant what collateral
FIRST: rs 10 inimdserlaGfy
Il perfectly well known 10 the profession that large
proportion OF the questions put offered, ia every trial that
occurs upon their ce and TO those who have studied
the counsel entirely mmsters And tits also
TO them that the right OF counsel often the sv of
counsel to put preliminary or ntroduetoy questions or
main quesons in way not 10 show their Object or bearing
and consequently, not TO show their materially 10
tain aeriaty Of evidence beforehand and that the
evidence known, often difficult and smposble
and Lieut. Col Fremont is advised that o. law while
prompt reject Illegal testimony slow reject for
maerElity And that for several l. Because like
innocent medicines the immaterial evidence admitted will
do HARM il il does good. Though apparently i'm
material il may be otherwise aud then rejcc-
have been wrong 8. Because IL is really difficult
TO ascertain before you come to the final application and the
that is to be made H. y the party that the Of
and knows how TO h whether particular evidence is
l. Because credit is due the counsel
who have the conduct OF the and who hardly be pre-
rhe ntentially with the Court with the case
with themselves by offering immateria evidence that is
say evidence which have influence way the
oheror that is the test OF mmaeriaity For this
and others, the Judge will often say when the objection
Tie imnateraIity III although he cannot see the maeray
himself yet may to be so, and he will stop
And so are all the books To quote phillips vol s.
pages 4SS-4) viii be sufficient lie says:
'sIt frequently difficult ascertain brforS whether
proof of particular fact offered in evidence viii will
become material and IN such is the usual practice Of
tho court give credit to The assertion o. te counsel who
tenders such evidence that the fact viii turn to be
terial."
Deeming this be suffeent the head of MINISTERIAL
y Lieut. Col Fremont proceeds the head of obec-
ton to his question.
SEcoSp.-IreleraRcy
This also admitted by all the books TO be difficult nqu
y and often impossible to be determined piOri IL
akin TO immatealy and IN the practice OF the courts IS
erned by the rules What relevant of Law is
often never discovered till the end OF the and may
happen testimony upon the minutes Of this trial
appear other eyes be irrelevant and the gen.
e defence may be found be not only reeyant but e
ectiye.
The test OF rreleyancy direct and simple and comes 10
the inquiry whether the in possible shape in
the slightest degree have influences whatever upon the
mind jury merely the main join
ed but any question Of fact arising in the whole Of
the trial This the and is expressly laid down BY
Phillips vol. 3, p, $50. These are his words:
"To determine whether question be relevant
examination frequently nice and difficult inquiry into
of the issue point in question, and the
which may be brought to bear upon IT, We
ask would the answer possible shape in the slight
degree affect any question Of fact which be raised
the cause Iii may the inquiry IS relevant"
Holding this the law Of the land in relation the
Of irrelevant questions, Lieut. Col Fremont In
BY his counsel say, that neither IN the question
ected by the Court those which Introductory
and which we're intended follow n the Introductory
been admitted land still less ia the whole put together
there thing irrelevant; that he docs expect lin the Ian
guage the Law prove something by these questions which
something possible shape" and in Degree"
and that not the sEge /" will "dEccf" question Of
"fact," n point OF this
TarHp 10 he cOaferay IF the questions, The anscsys
10 urhich proposed 10 be contrddcted
Lieut. Col f. is instructed say this head Of the
gument is the most important OF the grounds for the Courts de-
from the Court that 1.-THE Court be understood
herring rule collateral matter elected by
naon The first inquiry under this head Is TO know what
is collateral question: the which be
dieted Literally, i, is question by the side icon and iaiitsl
ofthe cause and aud legally is the In the
first place the question: to be collateral be wholly rrr
eyant the IN issue. la the second place. be
put dscrcdit the witness by other testimony
If by his he denies the fact And the example usually
such questions these 1p wholly irrelevant, aud put
for the purpose Of dcrcdng the witness, that his
be taken and constituting the IN which
contradiction of his will be allowed by other witnesses
This the law Lieut. Col f. is advised and all the
books Thus, HougA, p. 9i4, copying from Phillips:
"a witness cannot be cross-examncd any fact which, II
admitted would be collateral and wholly iTTrUaRf TO the
matter ISSUE purpose Of contrsdcng him by other
evidence he should deny the fact aud n this manner TO