The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-30

against We have endured Il with patience; but tho
tine WI come when our atenee viii ne e5hsn,ted
NOAH ON THE RAMPAGE.
Mr.. Davs-I have never been In a court OF justice
counsel and Il have endured i win canine, in us
protection Of your Honor might submit TO even lie
grpssest Insult. without 9a,y ITSse simply tor ne
mat |; not 5oys9h ,r q, ne mas 6s. anything
that 10, 20 DC interrupted BY these constant
sertons on his part lmpugnns our motives. easely
We cal 10 he case t. Il int9eTS9s IL dssIse,ng
hereafter the counsel shall be held wihn those rules
that ought % govern counsel In the trial Of any
Am al liberty TO read thisP
sKrsSiso DR. Ayers COUNSEL
The. Court-Yes sir unless Mr.. Graham wants to be
ID. prahqm-wthn IS hours we have discovered the
fact that THIS ia running under private in
d ps By ose w S have SSSG ID
npprea this pro;ceuuon RON the start.
the sd%issibfty o. this iesti@SGyY S s1''"O" VI
Mr.; Grabsm- have right to respond " the remarks
Inc Court@fSst Is proper.
Mr.. Graham proceeded TO speak Of the manner in
which the prosecution conducted, and to refer
TO the witnesses who had yountteTea thor testimony
request that the remainder oil the day should DO
cupied with oral testimony.
The Court held that the case being now in the
hands Of tho District Attorney, IL was his right TO
introduce his testimony in such order as he should
judge expodient, without any dict ton from the
Court II was the duty Of tile Court to receive the
tesiimonJ as offered, unless in violation Of sound
rules and principles OF law. The Court then init
mated to Mr.. Graham that he was exceeding his
professional duty by comments and sido-bar re.
marks upon tho testimony OF the witnesses at this
stage Of the trial. It would BE his right and his duty
TO make such comments as he thought proper when
o SS Sa TO ysa up 70 N Jury anS NO who
form that duty. The Court then called upon Mr..
Graham TO state bis objection 10 the reception VI
Mr.. hcFarlands statement
Mr. Graham said that Il was. not sufficiently
proved that the original statement Of Mr.. Mcfar-
land appeared without alteration in the Tribune,
READ FROM THE SUN
the full report OF the testimony Of Mr.. Greeley upon
Mr.. Davis replied that II was sent up to the COM
posors In the ordinary way, and that, priDld Jacie
II was printed az furnished to them.
The Court took tile paper tor examination, and
served It's decision TO the admissblene OF the
statement.
RIcHARDsos's TRIBUNE LETTER.
Mr. Dsyi'uIn opening tnl: case tho Iury and yenr
Richardson published in The Tribune statement which
dry" Your Honor viii rScoeet the expression. No
BT9oI has been given BY them o. any such statementj
offer that 10 evidence, and propose 10 READ 1t in this
Mr., Graham objected that there was no evidence
Judge Davis argued that when counsel in their
the otler aide have the right to produce the paper
TO dsproye their assertions with regard to IL:
sertions which they must nave
KNOWN TO FALSE WHEN MADE.
=, me cor5t-How do you bring this home TO Mr..
Mr.. Davis claimed that It was connected, not only
BY Us being response In the Tribune 70 Mr. McFar-
lands card, but through the assertion OF his own
counsel that this was one OF the causes which drove
Mr. Graham defended Mr.. spencer's opening. and
said the counsel Tor the defence had the right to
open to the Jury, not only what they should prove
necessary to their case, but any facts which might
nnfR mi hoo 80.
proved.
The Court excluded the testimony on the ground
that In Of this character the prisoner should
not be held liable Tor the assertions Of lis counsel
unsupported by proof.
offer further proof
JUDGE HAcKETrs OPINION OF sPEScERs OPENING.
Mr.. Graham commenced second defence OF Mr..
spencer's opening, when the Court remarked:
have no fault to md with MIR. speneers opening at
MI payis-I nnd fault with its statements offact.
mcnts OF falsehood.
The Court announced that in order to give oppor.
tunity to attend the funeral ceremonies OF Judge
Russel, the Court would now adjourn until eleven
o'clock on Monday, the District Attorney announcing
thai the prosecution would certainly close the rebuff
NH. DAVIS oFPESDs Nh. GRAHAM.
AFTER the jury had retired, and As Recorder
Hackett, the District Attorney. and judge bedford
were conyersing behind the Judges desk, Mr..
Davis, As II IL alleged remarked that Mr. Graham
had made statements the trial which were false.
Mr.. DAVIS had applied the word falso several times
In the course OF the day TO statements Of the de-
iendants counsel, but no notice had been taken Of
IL. On this occasion, however, Mr.. Graham, who
Glanced TO oyerhear the remark OF Mr.. Davis, at
once stepped up TO him and mperatyely demanded
II he (DaNis) intended to charge him (Grahan) with
ialsehOOd.
II you say such a thing as that" said Mr.. Ora
ham, will strip you OF your clothes and spank
you In the presence OF these citizens
There were probably two hundred people in the
room, and the excitement at rose 10 q high
pitch. Judge HRckett and the District Attorney in
terposed between Mr.. Graham anu Mr.. Davis. Mr..
Gerry also came to the pachcaton Of his indignant
associate and other friends getting around him lie
was induced TO retire. Mr.. Graham then returned
TO the taole and began to gather up his papers, nut
tering to himself In manner suggestive OF deep and
uncomfortable wrath. He had about half gathered
bis papers together when he suddenly dropped them
and made fierce advance Mr.. Davis. His
friends including Judge Hackeltt, asain inerposed.
Mr.. Davis put on his hat and overcoat ahd lot the
room, and Mr.. Graham was restrained from follow
In