The New York herald., 1851-10-20

that Mrs Forrest should be represented in Texas Coun-
el employed to reprssent her In New Orleans and
they were tod when about to reach the case on the
calendar that they must take . short trip to Texas.
Of the court and IL Of the painest in his
Judgment for the court to that this apple alton must
be denied unless you afford The oPpo,tSnty for these
allowance OF 81 500 year but that ought not to bs
taken into when abe s asked to incur ths
Chsse would take Mr. Van Buren, as soon as
he would that Of any other man in the community yet
rSo be- 20
New Orleans He contended that the iuterroga
paid.
Judge What would BE- the bearing Of the additional
cross interrogatories
from New Orleans. After some further observ ATOMS
Mr Chase submitted that the commission should not
granted or granted 1t ought to be done only with
due regard to the rights of Mrs. Forrest.
The Judge said that his dic uty was upon what pru-
cPe could be refuse the right to send this commission
when they do not ask for stay Of proce Surely
they would have right to examine the witness on the
trial and not being here they have right to her tes
mony
Mr. Chase said he could show fifty authorities where
such applications are treated matter Of discretion
With the Judge.
observation 1t matter Of discretion with the Court
to grant it, the party applying also, asks for stay Of
proceedings Is nov the month OF October, when they
hear for the first time by telegraph where this woman
There certainly would have been time enough since
August, to have executed the commission. II she had
been in Orleans but they ask that the commits
sion should be transerred to Galveston they should
make the same application, she only went five miles
from New Orleans The mefe suggestion Of Counsel for
Mrs Forrest that the witness has been spirited away by
the agents is not sufficient tor the Court
refuse the commission compel the conditions that the
Counsel proposes.
Mr. Chase-It their neglect that II was not executed
Judge Duer imposed conditions on granting the first
commission
The Judge-That is where they asked stay Of pro-
ceedings so should If they asked stay Of proceedings
now; bat they DO not
Mr. Van Bursn-The plaintiff will undoubtedly have
thirty Elk hours journey and they sk the witness
any questions they chose, orally without delaying
now by preparing their cross -interrot at ,ries
The Judge-I think il the defendant does not get
back the commission in tine it would be very serious
question whether the ought go o What is
use Of ntefrogatores when you have the prv
lege Of ross-exsminpg orally!
Mr. Chase-Our aifdavits show that We cannot be rep
there have not the means 10 employ
sci there unless the court will impose these terms
asked in our sfadAvits.
Mr. Van Buren-You show that you have 81 500 year
for single woman, living alone, who she0ld be living
alone and without a child to support
Mr. Chase referred the court to the Of Wander.
WORT the Columbia Insurance Company q Johnson's
cares 81 and other authorities to show that 1t
entirely discretionary with the court to grant the app
cation.
The Judge decided that the commission to examine
Ann Flowers in Galveston, Texas should issue without
stay Of proceedings and the conditions that Nh For
rest allow Mrs Forrest the Of 500 TO enable her to
emp,ty counsel to attend at the examination The iu
terrogatories aud nterrogatores the
tboee In the commission issued to New Orleans. The
b. Ballineer, counseors at law, and John Groesbeck,
merchant