Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-24


the Court again Yesterday morning, pursuant to
the order Of the Court al the adjournment on Fri
day last OF the counsel for petitioner, Messrs
Linton and Thorn pson were absent, and Mr.. Fen
dali only appeared. During the progress Of the
case Mr.. ChAs. ii winder came Into Court as ad-
ditional counsel for defense.
The cross-examination Of Mrs. Cdtharins DID,
feld custer of Lieutenant Barney was continued.
Witness's mother asked Alexandrine Parfait re-
peeeedly whether she knew the things about
Hebe, and she (Alexandrine) said that her mother
told her. Witness said she did not believe IT.
and Alexandrine answered, cit is true.my
mother told me" She spoke in English, and she
spoke English remarkably well.
Mr.. Davidge having written this portion OF the
evidence without inserting the word " remark
ably,n objection was made by Mr.. Fendall, who
insisted on counsel writing down the answers OF
the witness as they were given. Quite lengthy
discussion ensued, during which Mr.. Davidge
spoke Of the course Of the counsel for petitioner
and said that he intended to argue this at the
proper time, and he would then speak not only Of
these matters, but Of the publicity given to this
case, and who it was that had gone before the
public and flooded this community with indecent
exposures, and FOR what purpose.
Mr.. Fendall denied that be had given the case
any publicity; and said that IL there had been any
appeals made through the public press, or efforts
90 obtain outside influence, II was by the gentle
man on the other side (Mr. Davidge), who, not
satisfied With conducting the case here, had ar
gued it through the press Counsel for petitioner
had not made an effort to obtain outside influence.
or appealed to the public. II IL was brought be-
fore the public through the interpositon Of any,
body, II was the gentleman on the other side. He
<Mr Fendall) did not desire to bring In this evil
dence; but IL was broug ht In by the gentleman's
(Mr Davidge's) express order; and all the appeals
to the public, to influence outside Of the Court
had been made by that gentleman.
Mr.. Davidge said that was assertion; now for
the facts. Mr. Fendall was mistaken. He then
went on to state at length, that when the Iowa
decree was offered there was an agreement of
counsel that IL II was admitted in evidence, there
should be no testimony taken, and asked, "Did /
break that agreement! Mr.. Linton came into
court the next day and demanded that the evidence
be taken. Your honor must remember the parade
that was made of these papers, (the specifications
and vouchers and your honor must also remem-
Your honor said then that there had been
an agreement when the Iowa record was sub
United to the court, but IL the gentlemen called
for proof your honor could not prevent them Mr.
Linton on that day took control Of the case and
there was no active participation by Mr. Fendall -
Mr. Dayidge proceeded to state that when Mr.
Barney was called on to defend the actions of his
whole life, then he (Mr. Dayidge) asked the
Court to compel the other side to specify the
charges MI. Fendall had said that the publicity
given 10 these papers, not In evidence, but ruled
out, was owing to him, Mr.. Davidge.) but the
facts were that Mr. Linton had declared his
intention to go with the evidence, and all that
he (Mr. Davidge) did was to protect his client by
seeking TO make the other side specify the charges
The proof came on By express order Of the Court
When these papers were fled in court az exhibits
nobody ever heard Of such a thing, and his honor
NnfeW t0em out as soon az he ihlr. - called the
attention Of the court 20 them.
Mr.. Davidge spoke Of the bundle as being
" something 20 precious-wrapped up in parch-
ment, and tied up with an india rubber string -
and said they were offered TO the Court thus tied
up. He enlarged on the points already made and
asked II any lawyer would stand up and say that
nine out Of ten Of those papers were not inadmis-
sible under the common law. Lawyers were OH
GERS Of the court; they owed a duty to the Court
and TO the public, and il was not right for a law
yer to oner any paper to the Court he knew to be
inadmissible
Mr.. Fendell, be said, had not offered those
papers, and he (Mr. D. did not believe he would
have done SO, and Mr.. Linton would not IL he had
taken time to cody and deliberately reflect. The
papers were offered here in q moment Of passion
That was the history OF this proof, which is no
proof, but thrown out of Court, except the Iowa
record. Notwithstanding his Honor ruled them
published and spread them broadcast, and that
was the publicity TO which he (Mr. Davidge) al
luded. To his surprise he now found himself az
raigned as the party who has given publicity to
certain paPers-vouchers, he believed they were
called In an evening paper. The only publicity
ne Mr. sOug ht was, when he saw the publf-
cation, he wrote letter to the editor of the STAY
because the reporter had not published with the
papers q statement that they were ruled out as he
(Mr. Davide) read IL, and reader not legal mig ht
fairly presume from IL that the letters of Mrs Bar
ney and the artdavits were really part and parcel
ofthe case. He (Mr Davidge) could no longer
remain silent, but wrote a letter to Mr. Wallach
He (Mr. Davidge) would never have put his hand
been spread before the community without ex-
plantation; and many readers did believe those
papers were before the Court He (Mr. ID for
one, did not believe in the rig hts claimed by
porters In allowing them TO report all cases which
may come before a court Of justice, or in the prl-
vtIeges they have or imagine they have In relation
to proceedings In such courts. With few more
remarks about the parchment wrapper and India
rubber string Of the specification and vouchers
Mr. Davidge closed
Mr.. Fendall said he did not know nor think
Nlyha k.aw q
of the stimony that II would lead to such pro-
tracted discussi0n. He (Mr. FL was not here to
defend his associate, who was absent, nor to de-
made in that paper Without the inowIedee Of
counsel for the petitioner but he supposed il was
the duty Of that reporter to state the evidence az
IL was given here. He (Mr FendalI) would as
sert here now he asserted before that II was at
Mr.. Davidge's instance that those specifications
were made and this evidence introduced. His
(Mr. F 81 desire was to throw out this evidence
and stand on the Iowa decree, but the gentleman
on the other side called for 1t. He objected to the
Petition because the charges were too general and
insisted upon having the specifications offered
which were offered, and the charges in w hich
have been sustained before the court. For the
sake Of the children, whose good no one had more
at heart than himself, he Stunned publicity, but
for II. A'''''
Mr.. Davidge said his memory was little better
than the gentleman's, (Mr F.'s,) and after cor
reeting some dates named by him he said that
dence in spite of the agreement Of counsel.
Mr.. Fendall said that he acknowledged no such
agreement
This led to further discussion, during which
Mr. Fend4ll said the gentleman (Mr. Davidge)
CALEB for the specifications, and they came In as
part Of the petition, and part Of those specifca-
ms the vouc hers came In.
After farther discussion, the cross-examination
Of Mrs. Oldneld was continued. Witness had
seen Alexandrine before, on Seventeenth street.
when she spoke principally in French, and spoke
very little English indeed Witness was then
cro<s-examined at length as to her brothers. habits
and other matters testified TO by her previously,
an stated that the children's arrival they were
perfectly devoted TO their father-Chasey as much
90 as Eddy. Witness means by perfectly devoted
that Chasey seemed to be very affectionate to his
father; said he wished 10 live with him, and
would have objections 10 a guardian, as he
thought guardian was 70 look after the money
That all the trouble in Paris was caused by Mr.
WIlbor
The last sentence Mr.. Fendall objected to Mr.
ID. putting down, as IL was no part the answer
70 his question
Mr.. Davidge said he had put II In brackets, and
noted that it was objected to
Mr. Fendall commended that such course would
not do IL no mart of the record and must