The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-16

objection at point 2o-for what the witness had
visited Mrs. Robinson made by the counsel BY
Dot only the objection AIDE ny Mr.. O'Coaor. bat
II at he took charge Of Captsiu Calcrsft and his
science appears BY the HERALD report At page sS OF
that report 1t appears asked Captain Cacrst., 'Are
you msrrieoy''
The Chief Justice irtmaed that in deciding this Gaze
he woud do so without reference to the afhdavits
either eide but be should settle It by the AID
port Of the proceecii "a.
Mr.. Van Buren, thought as this a public trial
anc bad ergageo great deal Of public ateres, he had
right 10 reply to the scavt and observations of
cow SCI oIp.s i Was ho:svs; happily the yse
wards It scented At He had said that at page 95 If he
report referred ito It 'ppecIs that Mr. ocoros t.ot
Buien then read from page 3d.
hs Court 4 q. cumapcea q p.niuI nature .hicb ocr -.
seny years ago, are necessary TO e brought before ibis
MT oCcnor advised The witness to his question
Nipess.-l my self in your hands
Thus havpg his copsc:ence taken Of othsr ques
ii MS were asked and were excluded We toen went
pinson. (Rssds.) The Chief Justice said Mr. Van Blu
en- was mistaken" &c. (See first extract abovsl Mr.
does not correspond with that statement in the pill OF
exceptions.
1he Chief Justice.-lt corresponds with that report
exsctly, for distinctly reconect it.
Mr.. Van Buren, continued TO ci'e from the priote6
book Of the bill Of exceptions and the report Of the pro-
ceedirgs, and said that the question before thi,
Court was distinctly to by whom the Oh
ection WAS ,ased, TO the witness giving the
Of the lady. He referred TO tn. report
published by Strpger Townsend, which states that t.
the question "Nr. OConor objected land tn. HER
report in which IL 'Mr. O'Cunor ehjecei
if the witness inclined to answer He Thought this
motion should be denied be objected 20 its bsng grant
ed and if it granted, he would appeal from The
ciston of the Judge The council Tor the resp ndsut
havrg had thirteen months to amend the aod
rg amended this precise pon it for the Judge to
whether he would re open rhe
Mr.. O'Conor replied con nfing that by the reports of
the it parent that the objection made BY
tie witness himself aud be submit this bi OF
exceptions ought TO be corrected.
The Chief Justice had already stated that this part Of
the i'll Of exceptions wss never unde' his consider aoa
il part that had been az eed up By the
The Judge then gave review Of The case as it now
stands and said that it frequently happened that rhe
general term sent bills Of exception to be reexamtoe1
before the Judge who tiled tn He wouii leave
II atavits Of the counsel out of the question: be-
cause where gent emen Of equal protest. nal anc
private standing make afii avis Of cha
ter l. would re Impossible for him to do anything
With them but lay the m as de- &c would suggsst
Il exception be amended from his Iotes and tue report
o. the HERAID.
1t was ultimately sgreed that Mr. OC,uor should make
up the exception. submit IL to Mr. Van Buren before
IL was handed to the Court The counsel hen went be-
oIe The General Tenn.
GENERAL TERM
Hon. Judges Roosevelt and Woodruff presiding.
Mr.. C'Conor resumed his argument against the ion
for a trial.
Mr. Van Buren, commepcei his reply, but had not n
clp6ed at the rising of the Court.