Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-23
WIN. McGarrahan's Great
Libel Suit.


THIRD nay OF THB TRIAL. IL
wEpSxspAY, June 99.-Thc court opened !
NJ 10 O'Clock, n. m. The attendance Of INC /
bar aud spectators was larger than on NY 9
Maalngly and Shaw for The plaintiff, and
Megsrs. Moore, Nathaniel Wilaon, Elliot ana
n. II Johnson Tor defendant. After the jury
had been called Justice DIN said II
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Nov. gentlemen, 70 VIII 90 on With tho case, you
aFo prspAred 70 DO -,
Nj. Mattingly. II your Honor please, VIC
desire 10 take the testimony of Mr.. Gould on
the point spoken Of yesterday, and have made
every effort 10 got him hoTe. One Of the
marshals bailins was at the hotel where he
was stopping yesterday afternoon, and then
again this morning. He tells us he believes
Mr.. Gould was In, hut he was not permitted
TO sec him, and ] would like, In order V
save time, II the other side are 40 dlsposed
TO have them go on with this cause and allow
Us TO introduce Mr.. Gould's testimony when.
ever We can get him during the Progress Of
SustIee DIN, You want to prove by Mr.
could WHAT What Is the materially Of hh
testimony
Mr.. Wilson. think there will be no din
Guilty in obtaining the attendance of Mr.
Gould. happened by accident TO be At tn
Arlington house last evening, and saw hir
talking with gentleman thcre for At lcas
half an hour, and am snre shat he would D
very unwilling for any one 10 say Of him tina
he wns endoayoring to avoid the service o
process as am sure he Is not.
Mr.. Mattlngly. ! did not say that he wa
endeayoring 10 avoid process.
Justice DIN. But you have not been dili
gent in finding him.
Mr.. MattingiyS Yes, sir Here L. the OH
Ger who has the writ. We understand tina
he wis at the hotel several times In the after
noon, and again this morning.
Justice Ohm. think you ought 10 make a
affidavit OF the efforts made TO serve process
on him II you wish 10 have the trial deferre,
on that account. do not quite understani
whether Mr.. Wilson insists upon Gould beInl
produced here and sworn before he goes on.
Mt. Wilson. We woud prefer that yer
much, OF course.
Mr.. Merrick. Instead of making tho sfias
Wit IA the officer who holds the process In hi
hands Is now In court, 1 ask that he may b
sworn and examined by the Court rs 10 IN
diligence he has used In the discharge Of hi
duty.
Justice DIN. l really do not know hoy
what he swore TO here would 90 upon tn
records of the court i think the prope
course In such case IL, II you have attempte
TO Subpoena witness and have not succeeded
that those facts should be stated In an RffidH
Wit and fled among the records Of the court
II the counsel for tho defendant Is Willln
that he may be called when you can find him
that Is another thing, but they have the RICH
IN the orderly conduct OF the trial 70 regnir
that you shorid produce on your pArt al tn
proofs you rely upon before you rest the case
So fur cannot very well take the statemeu
of counsel a. TO the reasons for the non ATTEND
ance Of this witness at all, because nObod
would be able to see, on a review Of the case
upon what the court acted.
Mr.. Merrick. We will prepare the affidavit
Justice Olln. II you can get along In IN
moment.
Mr.. Wilson. understood they had othe
testimony. Yesterday evening when we ad
JOurned II was Understood two items Of proc
WerC yet 10 be offered, One was the Wftnes
referred TO, and the other certain copy Q
the REPUBLICAN.
Mr.. Merriek. With the execution Of In
testimony OF Mr.. Gould We rest the case 3
the plaintiff.
Justice olln, You want To prove by Gout
Mr.: Merriek, In answer, proposed to prov,
by Mr.. Gould the agency 0f third party Il
procuring, The publication OF the alleged II
belOus Articles.
Justice Olin. Well, can We 20 on with Ia,
when he comes INF
Mr.. Wilson. We cannot certainly, you
honor.
Justice olin. Cannot you 20 on, Mr.. VII
son, and permit Mr.. MeITick TO attempt h
niahe M M, proof when the witness comes In :
70 DC TACT Or attempt to prove IT, Il ma
'o,l soI" Jusly affect the aspect Of our case.
-. Merrick. ] think II Is merely cumula
tive evidence.
Mr.. Wilson. II Is merely cumulative owl
dence then your Honor win not delay.
Justice Olin. You do not admit that Il /
cumulative.
Mr.. Moore. There Ia one admission WI
make, and that Il, that II Il not true. The
cannot prove what they claim when they &C
the witness.
Justice Olln. So supposed that YOU III,
not admit that Il was trueI that Il had beol
proved. The question Ii, whether | shall CIV
them little time to prove what they claim
cumulative
Mr., Wilson, / think II tlley had made an
reasonable exertion they might have gotte
the witness here.
Justice Olin. They say they want TO prov
single fact; and | confess / disagree some
what with counsel on both sides. do nc
think Il Is of much Importance one way or N
other, but think you may 20 along with Ii
case, the right being reserved to the plaintl
To make the proof they offer Of the oase whe
the witness comes In. You, Mr.. Wilson, d
not think the testimony they offer of muC
mportance-do your
Mr.. Wilson. II they can prove what N
Merrick says, Il would he Of considerable m
portanoe. shall certainly endeayOr 10 ke,
II out by every possible means. We adjourn
yesterday that this proof might be Obtains
and we are willing now 10 walt a half an hol