Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-23

'laintits PROOF pcioro 'u''"s ~ "'' -
wn. sI
Justice DIN. The question thon involve. .
lelay Of the cause Tor me prcaent or an 9rusl
hat the cause 90 on, lying nv -, ~,
he plnintih 10 produce anu examine ul y. ~ |
ross II his attendance can &c secureu eul ii
he progress OF the triai. W course, Mvrau
rot let the caiise go over on such point q,
hall suspend the trial until he stound, WINCH
nay not DO In three months, or Whethef
hall make an order that they may examine
him before the trial closes II he can be tound.
An AFFIDAVIT setting forth the tacla stated ~ |
Mt. Mattingly and Sgned BY hqhih MELON 1
neil was then read 70 ne court Y
Justice Olin. would hke 70 have stated ~
the ahidayh tno object o. ms testimony, ~
il true Il has been stated In open court but j.
would have becn ~ well 70 have had athted
In The afndayit
,ect'
Mr. Elliott. In the afiidavip .H
Mr.. Mattlngly. We cannot state the object
In an affidavit
Mr.. Wnson. You can make On AFFIDAVIT
yourself
Justice DIN. think viii make this pro
portunity TO examine him at the earliest mo-
mont and that you (the dofendanO may 60
on with Tie trial OF courne tho witness y
not here before you get through your cyl
dence, win not continue tho cause nlat he
may be found.
Mr.. Mattlngly. We do not ask that
Justice Olin. II Is In fact slmply an inter
ruptiou for the present Of the order OF proof.
As an ordinary rule, they ought give all their
evidence before they rest their cause. let
circumstances In tho discretion OF the Court
may vary that rule. / think viii do Il In
this case and let you, Mr.. Wilson, go on with
your case until they produce the witness ~
the earliest moment they can do so
Mr.. Moore. II your honor please, the en-
barraAeing aspect OF the case " on ono side.
We expect with great deal Of oonidence 70
be succcssful In malntAlnAng q motion for a
non,sut In this ease, and y emharraases US e
| be forced 10 make a motion TOT non-suii
upon partial proof.
Justice DIN. l can decide thal In a mo
ment, What The plaintiff ohers 20 6rols ~
Gould VII Hoi IN my Judgements ptcot max
qTW vtSWg , sn In' mn vor, uono, - MATTE,
OF law nc supreme Court have decided thai
upon All inc testlmony offered ior mo plaln.
| TN, as q separate anu distinct prayer, w
have Alright 20 ask 90 mai testimony non.
SUIT OF Jungnons LOT ueicndanl uit VIZ
uouu ae,lA., " nAhy many, iho.iuh upons pnn y
the p'h hI.ii pIooi ana only pait Ahothol
IN, 4, ~ s ~ a vi y p ,.. sny :,
WV ~, ~, ~ i',s,ae, nlu ny IN, uPol
the teCoIa 70 VIC supreme VouIh WIN NO
io''os ,o noaLsuI IPon VIC .l mo-,
/ eNlueuec " VusIeu ~ INC pilhtn, Puh onll
upon part OF II we nave rlghh wltn9n
golhs mso any testimony, 70 mnke motlol
''I 1871 pit IN nnc Pnlln ~ Veseiiuony
5usece Jun Mhl rssra mat motion =
prDpeIiy mAae lo.' ~ this POINT as thoup
this man was not sworn ana was not 70 D
sworn, II they rest their case here with tina
qna Ann ~, nave toid them thnt the
u ~ as,,,,, IT,. thsy eesisS s 70
~, Nhen ~ caihe' puS Nhetncr caheu or no
you think you have right % non- .s.
NJ " INV uusi Ml entoIuu
Sn4.,s LOW Nl.nou. ro,eIenee 70 Mhetnt
~ 1917, IS ,,,SI, ~ my ING
Of he pIsIntiff A. II siosed vii th S p II
viate tlfat objection at once. You shall hay
, every advantage that you are fairly entitlC
! N in rcferance to motion of that Kind. Nov
II you desire 10 make motion for a non mi
! you may mako Il, and will regard The tcst
mouy for thatpuIpoae on the part Of the plat
. tiff as closed.
; Mr.. Wilson. Not meaning 10 exclnde II
testimony of Gould n he should be produc,
as q witness2
. Justice DIN. II should non-auit the plai
c tiff Of course he will not be produced,
n Mr.. Wilson. Still our motion would not
= upon the plaintiffs whole testimony.
Justice DIN. Yes, II would be upon Il
! plaintiffs whole testimony as II appears no,
Mr.. Wilson. Your Honor II would he on
upon q part of the case. A motion of m
8 kind can only be entertained when All the g,
dencc Is In on the part Of the plaintiff.
= Mr.. Merrick. For the purpose Of havil
this motion determined, am willing 10 n
! the case here. Gould NAV he considcrsd y
i Of the question for the purpose OF a mott,
: for a non-sult. - sTf ----T
Judge Olln. really do not think that yo
n offer Of proof by Gould affects the case al |
9 upon Its merits, other than In the way ha
. indicated;