New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-26
LAW INTELLIGENCE
REMARKABLE SCENE IN COURT.

DEFENDANTS ATTORNEY ORDERED To De COM
MTTED FOR CONTEMPT-CONMITMEST ST. -
PENDED.
COURT OF COMMON PLEAS May 2-Bsfors Judge
HcCuar AID Aoncri-f az. McKechne
Tbi, was an action for ejectnsnt the defends
McKechrie. being merely tenant, sad the real de-
feLdapt being Mr.. John +. Bets who claimed title to
the property IN question; NJ. Bets was pu, uP'3
at 9Th After hsvisg sworn that he purchased the
propefty @: biz wif-s grandfather Mr. Crunch void
he was crosse Ismned oy MIR. Field, counsel for th-
plaintiff, r relation to the papers delivered over 10
him by tie previous owser or occupant. The cross-
examine, on elected the fact tnat the defendant had
received certain old papers which ne hsi gwen 10 his
LAWYER, jobs w. Mitchell, esq., now presen, in .urt
ard che Of tie counsel in the case. TIE pspsrs were
de.c,ibtd by tie witness deeds leases tax pa
pers and CrCton water papers, but from whom and 20
etem they were mace tie witness could not stste.
M Field csiied upon NJ. Mitchell to produce
ia papers NJ. Mitchell produced ore watch
= witne identified as lie .se TO McKechne the ten
art tness called upon TO state the contents of
the other lessee, but said be could not do it. NJ.
Field teen called upon Mr.. Mitchell again to examine
his bur de If papers AID see If they were there Mr.
Mitchell ssid he wa not going ID be- pumped in
tba. wsy and refused to exsnine the handle NJ
Chatied insisted that the counsel must specify any
particuls. PAPER and denied his right to examine the
witness for that purpose. Witness upon further ex-
an nation satsd two names that be believed were 10
the leaee tr leases but nothing further elected in
regard 10 their contents
plaintiff called John w Mitchell upon the sisrd, who
sss ex,mn d by Mr.. Field as f,loSs;
O You are a. or-y ard counsel In this case Yes Sir
Have zion Odd esses or deeds relating
MT Chsseis objected on the ground TIA; witness
s bound disclose any matters that zone to bis
h. owl De- or ave evidence in on to t' clieut'
for PAPER: e with hin by bis client respect to which b.
cn had been asked on the stand and no ODE Sn made TIE
exactly il the SANE posoL as ANY 1see. Wins II Pay
ad
E case to bis attorney thai sorney could be comPsei 70 pro-
Tbs Court ruled tia. the witness should answer
Ws.I 9t-et to .n,SeIns tn ag.. ion
The Court-TheIe Is no o.her coutse;.
Mr. Fed-The Court hs, ruled otherwise
wnesThn there no privacy between coun'e ana h"
M Cb.feleLet the counsel put hi. question,
NJ Ill ia y % .i' Old leases
WEES Yea: Ok; in moment.
M Ctafeld- To tina, question object another ground
the question is TOO broad he may have leases
bu; apprehend he mas the other party has no business
The Court the question to the witness. amended thus:
Have you YOU "; NY o Rai s.s' or deeds 'e'
WiIess-Ibsv .orre papers OF his
Q P.es,e pr euce tb'mr do not know what have
Q VIII you ot and seel A have tsd notice to produce
MI Ctafed-I DO think they require you to look and
The cSS.Hs can profs. d. t them :rs
Mr.. Fed-Does be say he WON'T
M Chai6ela-Well say 50 Tor him
Ml Cts,aeGi shall hal ss1e him to be committed
know the rule By whh yop can , com nl seb 5od Of em '
fhe Court after hearing brief from the counsel upon
the question Of the Ih to So%p the pc ~ ss be- San
not h state long deciding that the witness refused to Pro
them he stood in the attitude Of any ohef wne "nen
both the vitne. and the pspen were IN Court
M Chsd wished 70 ascertain before exsrc.Ds any sun
power what the privilege of counsel were aud II they were 81
Field insisted uPOs the wr:. being committed Ii he
Wise..-By the advice Of cour sel decline.
Mr. Field said he would with few ether question. be-
M ChSftlt- Mr. Mitchell ha. never been 'ubpen.ed.
The Court, DO not unde rsand that hat necessary he has
not made a. demand for his Zee
Mr. FELL offered TO serve subpoena
The Cont deemed IL unnecessary
O How many old deed, relative this property have you in
''GI a. ss co mo; sa0v may h.v. three
dG HPS as to the deeds you have in your
@ DO you recoett oue Of them A recoIlec' dr1nen-
q Assr.n.ee' A. don't recoiec:; have examined
q have you read them A. N, sir.
q Hayc you lead the inder'ement. on them A. don't
How msny old 1s:e' ,esys to ti popsI H''e 70" IN
ev them 10 ne he msy have given all of tn IN
p %ba be g" ss .a' you h' '' s ~S
Q Do you remember asyoody else giving you any A. DO
O. |, Guri,h. IN 'aHe Of those papers A. Not"
o. !, Bl.cshur.,., A. think not, cannot tel you what
the tapers have not looked at hen-not opened them
r. ps Sou Ip, them into Cou,t with you this monug A.
DC 10, know; b usht burde Of papers with me- have
O. Have you tia, buLde still in your pos'es'on A. Yes
O. Now Sir, l ask you please produce them A. de-
'i The Cou,,-I. tina, bundle IN Court
Wi,p,ss-A bundle 10 in Court.
The Court. ,hs. bundle Of papers in Cour:
Wipes,-Thst bundle Of papers Is hs'e.
The Cou-Do you decle 10 pro luce Il
81, "a NJ ei.l, ,s.. ne i, no. bound 70 pro.
MIR Feid-I move that he be committed.
Nj Fed- did ask for the bundle did he has stated
s Mf nc c5 Sgi st :. 5 is.i no papers
O. Does that bundle the old eases and deeds 90
undertake ,sy whs, tina. bundle contains could no.
@ Where old s and deeds tbs; you have spoken OF
yolr examination a. do not knoF where they are
Mr. Chs'6elt-IIe Ina. spoken Of no le,se'@ all
49, Lsys 'ro.sI :, 10 no 'sIie' 40 no. know.
q. Are ts,y in Court A do not know told you
D'cs H. Have IsS s ~ 4s P s It of the ppr. have
beer Court to-day No, Sir not an, papers oil '' &C.
q Where were those paper, wheu you as: saw them A
Q Wien ad you las, item A Which papers do you
Counsel-Ths old leases deeds A. do not kno" that
have spy I'D leases or deeds. h,va .rv old
=; Mo- old deeds A. do not Know na' H'e ny w.
eteds. d. you by deeds Conveyance, , vr had
Council whist you mean BY deeds ou sad yOu Sn
old deeds RESTING this property do not Know S
Mhs ihs d, F,ps 70 w5Sh yHu refer f0'' ale
= Witch Of them here! A can tel yoa' ,.n. bu.
q Are shy Ct them In Court A have soma papers O
Q Herein CoGr any resies to this pi0psr
o. s,s n, n, Of .e.. a ~. could nSi ~ ~ .at
= vii you 10. and SEE A. DECLINE .,.,t;.,
Mr. Chs;h.dYoa cannot commit Tim for not stnf ,b NJ,
pei, and produce ground tina: ne !. gns
the .sIa. ccn..o a. he would oe aPoJ sa' '''"
vnes--I bad 20 served upon me Of AH'