Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-25
VIM. McGarrahan's Great
IN Libel Suit 5-l - |
FIFTn pAY OF TnR TRIAL. h


dsssvsf in lhls m9rsiAeis pipsf n ihave before,
nene ineesaFAeleg Lam lp some, instances madg e
& "a ss. ~. AZ not Ssr lS 81 :.sss
NJ editd, ssportsF. b anJbody conhscted With ne
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Tepestsg mates say IN one irst.ne, that he facts
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editor VII DO The ppblio gsrvios u he VII SHOW, hss
~, sI I'D e isli b. sR n, ,; e Z
order dat may neA. y ~ hlsnes hstp - psderutos1
= XII srS sSsu ' sssd I
10 heseef(er y rsiAik spos vi. gubisel lhn
tSS ruth, asd not ~ nsvspsper report u esss,
~ Tho reporter would remark that In lid
haste Of preparing q lengthy report for pub
lcation On ne f2lloylqg morning, w1ery %
acouracies viii necessarily occur, and sond
have In thls way cfcpt into the published fe4
ports OF thls trial, alf Of which, however, will
be corrected In subsequent editions.
The accidental Substitution Of one word Tot
another by the printer, IN the portion Of the
report 70 which tho Court refers caused thS
slight mistake mentioned In the remarkl
OF tho Judge, We think, however, the INTEL
llg,cnt reader would have at uDcc perceived
the miAtake from what preceded and foli
We give below tho paragraphs presumed u
have been referred 70 by ,fhe Coiln With thS
word In braekes WHEEL Ahould have. bocn
used, and with the snbetltuiion Of which Tie
proper meaning Of tho Court Is conveyed,
"Jusdss ogS. Il sst illpl Lh.l b ssldssss a y.
va, NAV "a =, sns ress, n he mr., 49,
coSr - e any pPaspss * ss st Z may soassid
b.. SS 10, s, Il ~, Any s s &c @
rule II aW are any evidsuoe IN the tthsl easo" H
Thcn again further on In the rupert
.s facts rsei,sd in the esei Or prgposed 70 30 y
more than nsSspspeS publication would be.TI an
Me-. shaw proceeded TO read The affidavit q
Mr. Ord In % Howard. ID .TlI Ht .Igg ..Tt. "a
He then offered the report OF Mr. sawyd
aud Mr.. Kellogg, made at the came time witt
| the report Of Williams and Ferry. fIl..
On Mr.. Shaw concluding the reading, I'd
testimony for both sides was. announced 4
be closed, and n recess OF few minutes VIZ
ON tho reaaseml,lng Of tho court Iustlc
| DIN said: There arc some facts In tho cad
proper 20 address 10 the consideration Of ~
jury How many Of you, gentlemen, dcslr
10 address the Jury on either sido 10
Mr.. Wilson. think VIC are willing 10 leAY
II TO the jury without any comment on on
Mr.. Merrick. We propose 10 argue IL
/ Mr.. Wilson. II gentlemen on The other sitl
propose to argue the case, Of course we shal
have 70 argue IL H..' ...' ....sl - yig
Justice Olln. How many coamscl desire
speak on a sidcs WIN two on each side dor
! Mr.. Wilson. That Is quite ns many NJ "
want 10 have speak, and we hope 10 DO yer
brief, both of us a,r-a Of Dog gtg Ia a.I
IiJdstiSe oiin. CTo Mr. Morici) Does tht
u M. McrI,ck. Mr.. Shaw says he dOes ny
desire 70 argue Il, and decllnez. Two vi
therefore be as many rs Will argue II On OF
sido. ..TTI ". .f.-,.r. % y r7L 70 3D. rs "a
Justice Olln. think the fRircst- rule
such case, II two counsel on a side arc pei
nlttnd 10 sneak, IA that they should alternate
Tho plaintiff has the right 10 open. II tw
Of you on each side intend TO argue tho cas-
l think the Unrest rulo would he for ono
the dofondnnts counsel 70 open tho case, ull
10 have ono OF the PLAINTIFF counsel ropll
then 10 have the other counsel of defended
| speak, and the remaining counsel ot ~
| plaintiffs tn close. Docs that rule suit I'd
/ Mr.! Wilson,. E7f.'W r-.r Z!
Mr.. Wilson. No, sir, Il docs not We pr'
fer that the ordinary rilo should be obeerye
In this case, viz; That one Of the. plaintiff
| counsel should open and then be followed !
one Of the counsel for tho defendant, and |
on until all have spoken. o. .yTT 0.
Justice DIN. No, do not like that praeti,
ntall II you want TO go on and argue 81
questions Of facts 10 the jury, two eounsolo
your side may open. i however, suggost
fulo more favorable for you that conns
Onloither aide should alternntei that one
the council for the defendant should opel
that oneIof the counsel for the plaintiff Ahou
roply, 20 be followed by another OF the coui
| sol fbf the ueIeiiuAnt, ntiu uc ny NV coun-
for the plaintiff, who b to make The eloslr
argument ID sutHs.L- Hl,. H.ia
4 Mr., Wilson Suppose your Honor, but OF
| counsel on each side should speak Hlf B.
Justice Olin. / Should order you, then,
some counsel for tho defendant 10 speak,
20 on and close your argument for the d
tense, and then let some person reply IN
for the plaintiff has the right to eloseti
argument In the case. ~ rgErHI#I IA
4 o Mr.. Wilson. Weyery much prefer thatw
NC undemtand to,bo tho ordinary practice
Ihln court should DO observed, aud that
, that tho Plaintiffs counAd should open, af
then the detondant's council follow, NJ
so on. ...fs y.a.
Justice DIN. prefer the other practice.
hatn always been accustomed 10 IT, Posslh
that IL tho reason why prefer u tins &
rid Of two speeches on one side when only o.
Is necessary. l. .HH. HT- 4 III tt ...I1 Hfy.l
Mr.. Wilson. Il does not mako any diad
ence In the number Of speeches, AZ undo
stand the pracuce--and | have never know
Il 10 be departed from-tho plaintiff open
thon both counsel for tho defendant spoal
and they are followed by the closing spsall
on the side OF tho plaintiff. W H...gu
Justice DIN. / TO net like the practice, al
will be no party 10 II. ! have suggested
you what 1 think viii give yon every adyal
tago, unless II Is your privilege 70 closa 4
argument In tho case, which, think II Is nd
You having the right 10 open IL won
make the luTth0r order that counsel shall
temAte--some onGof the counsel for deienl
speaking ilrst, 70 DO followed by ono Of Il
counsel Tor the plainlin. He shall then
followed by tho other counsel for the deion
ant, who shall be Foplied TO by the council 4
the plaintiff. .srfgr-
III there were hat one counsel heard on
side would say W the counsel Tor the 4
fence, go ON with your case and defend you
self as well NJ you can, md then tho plAint
will have the right 10 Close the aJgttineIl
butIif By theiindnlgonce Of the COURT and
think Il Is al Indulgence. -two may speak
might say you and NJ. moore 60 on and Z
que your case 10 tho Jury, and thcn the 9TH
two may Teply " you. lllELnl.-g llL Il,
But give You tho advantage Of the Otl
rule, which think the better one, that who
two counsel are. employed on each side, 70
Que open the ease-7hls defenee-rthen 70
the plaintiff reply 10 II; and tbon let ypl
couIIsel answer hinl, and then the plAintl
Gloss. Erg.l Jr! 81 guga Lrg ngIs.Hr
Mr. wilson. Weshall have 70 content on
selves with oblecling TO- that mode Of pr
: eoedlng-4 that nlathOd and mode " aTgnmeii
--And reseTgipg an exception. li. IL lFug
Justice DIN. Certainty, you have that pri
loge. ! II think have ypr0poaed lhe adOptlf
. Of fair nand ilborel Tale and one Will
!. ought 70 lIe acceptable .y5illl ...IL.
II Mr.. WILSON, YaEy possihly II nay be Ia /
! eflccta the better rule = BAD ui' 90 nfudE
Justice Olln. j am sure " IA. sg.ily r.ll.lT
/ Mr.. Wilson., Will only say that Y u ~ m
that has never hefoFe lleell observed, even
those cases which your Honor las TILED.
do not know Of a case where tho order
argument was eyGr changed. gEJ grryTEgI
Justice 0lln. II has been constantly chang
and constantly observed, TOO; aud II YOp q
mud upon the minutes of tho court Or
evidence Rnywhore outside Of the court Nj
have departed from that rule, shouI
like 10 DO lnfOmed Of 1t rnErr| ~
Mr., Wilson. I do not moan 70 say anythl
in respect to this particular case. 10 noli
Justice DIN. Ihave rcqaenly dOnOtiis!1th HI
beUu tho practice herr, when a cause Is opent
for trial, Tor counsel 70 get up on the side (
dho plaintiff and f4ate Ills olAlm, and thon 4
counsel for the defendant " oct up and sta
his defenco. haze frequendy advised conI
vel for the defence 10 rusorve tholr opoplf
until The evidence for tho plaintiff had bee
concluded, for perhaps they would have y
a.. aflls,a ltf Mt Ia a