National Republican., 1873-03-08
1. mt mon tho ground Of IdentIiylnE the article

win the plaintiff. ----,--.,.-
Know anything about her. ~
Mr.. Harrington. You objected 10 II.
Mr, Riddle. And the Court sustained the ohlec-
lion for the best reasons, 40 far as the language
was concerned of that. ..
The Court. am not certain whether or not
1nder the license OF cross-examinaton' am
with q view to test the recollection OF the VII,
ness as to the Identity Of the plaintiff In the MIND
Of the witness when that article was indicted,
that you may not inquire, hut u ls under that
MT. Riddle. II "a only on that ground have
asked the question, and do not claum tue oilg'nAi
fbc Court, II that Is the once Of the question,
I think perhaps It is authotzea.
Exception reserved BY Mr.. Hatrington. 49,
Tue Court The Limitations under when when tne @
have inquired OF the witness upon the stand as
to who were excluded from that school and par |
tlcipated In the infamy.
Tue Court. Did not you inquire whether four
or ave others were expelledf df,-,.,
Mr.. Harrington. asked as regarded the num- |
The Court. You inquired OF the witness
whether he knew the plaintiff, and you nave re- |
ceiyed the answer that he knew her as ne dll lhe
other school girls; perhaps thousand OF them. |
Now, this inquiry Ia tolerated by the court under
the license OF o acroas-eNamlnation, with view
q testing the Tecoilee,on o. nc me witness 10
cepted to under these Limitations, as under
stand il. Proceed with the question.
Mr.. Riddle. will inquire whether there were
not preliminary inquiries and Investigations
going on At the school for some days previous to
the arrest Of Butts1 A. Yes, sir.
Q. Dontyou remember u was claimed on that
hearing 10 the Police Court that Oracle Hurdle
was the procurces claimed by Your counsel
there7 Was II not the proposition urged before
Judge Smell, and urged against her when she
The Court, That comes too late In that light,
and In the light OF across-examlnation. have
been thinking about an aspect OF this case that
sss @ lSst I'LL pSfp ef 1hsss questions with view to dam
ages.
testimony under that light, but as the question
| has been heretofore considered, the testimony
relating TO what transplred upon the trial that
| fendant' cannot eniRhten the issue OF libel
| that previously transplrcd.
Mr., Riddle Here was the writer Of the libel.
party ~ 10 the suit, however. You may prove
! matters IN aggravation against party that
| transplred after the SANDER IL committed, or
Win a nv view 10 damages; with a view to the quo
amino with which the act was done, but MT.
Harris is not party to the issue. NJ; MnT;
taRh IL the defendant here, and what Harris said
| or did at a trial after the article was written
cannot effect Murtagh unless You make him
o. DO you recollect this article In the REruB-
LicAS was talked about and In connection with
Grace Hurdle there at that trial:
| Witness. When?
Counsel. At the time OF the trial OF Butts,
Don't you remember the paper was there, and
the article was read and referred toT A. oh.
yes, sir. , . -, -
the girl mentioned IN that article : 4. do not
recoilect anything OF that kind. think u was
insisted upon that she was the procuress there.
Mr.. Harrington. object TO that. -----.,--
The Court. Oh, l have decided this question
several times
Nj. Riddle, But what he hears about the arti
cle-the writer Of it-l am sure we are entitled to
Thc Court. ii you had sued him II would b,
competent but you have not
Nj. Riddle. | do not know.
The Court. Harris may be as malicious as thj
ID, but when you sue Muuagh-
Mr.. Riddle. think when Murtagh, without
knowing anything about u, permits a man q
use his paper, he Is responsible for II.
the Court He IL responsible for the Legitimate
effects OF the article, but he Is not responsible
for what may be said Afterwards, except In TIT
Nj. Riddle. what other girls were suspended
In this schoo7 A. There was only one other ii
'no. .. ' Who vas That A. Gussle drubb.
Q. Was she suspended7 A. No, sir; she with
o, The whole thing was limited to this gram
! mar school, was Il NOT, malnlyf A. No, sir.
J o. What other schools were involved In III A
! One or two other schools In the building.
Q. Did you ever have any conversation wit
Mrs. Hurdle about this natter A. never did
| unless, perhaps, I may have spoken to her at N
time OF the trial at the Police Court. do not rt
o. Don't you remember she complained to 20
there about rejecting on 0ussie Grubh 10 TIL
article and that you attempted to Justify 10.
] The Court. That comes within the same erro
o that the court has been perpetrating all IN
o. Do you remember this Gussle Grnhb wa
n the girl he was charged with having commltte
3 some outrage upon.
i Mr.. Harrington. Those are all matters Of rC
/ Mr. Riddle. THAT is merely preliminary to asl
L ing another question. fit Is admitted she 4
: | want 20 inquire Of him whether II was ne
made TO appear that on that day she went dow
n thatf ,,..,
i; Witness. Gussie Grubb was a witness.
4 @. Was It made to appear that she went dow
= there on that day to his room with Grace HUI
' Mr. Harrington We object to that.
4 The Court. This was at the trial after the O
tlclc?
e Mr.. Riddle. After the article, because the art
U Gle nrst announced the arrest.
= The Court. think Il Is TOO late to cnlighte
8 the article written before u.
!. Mr.. Harrington. There has been some tai
. about this matter OF Butts. Here Ia the reCnI
Q OF the case, II the counsel desire that.
Mr.. Riddle. DO not.
Z Mr. Harrington. This Ia q record Of the case
the United States vs.. Charles Butts. Il charge
!, him with an assault and battery upon Guss
; Gubb.
The Court. Do you offer 1t:
Mr.. Harrington. Yes, sir.
: Mr., Riddle. | would like to know for what pu
= pose that Ia offered
, Mr. Cook. For several purposes,
: The Court. II Is objected To, ! understand
: What do you offer 1t for7
|, Mr.. Harrington. We oner II as matt,
this girl; that II was written OF and cOncernn
|, the transaction OF Butts towards the school girl
u and the principal girl In the whole matter was
X different girl that he was charged with the 4
i The Court. Upon this subject Of Identity u
Court has held stubbOrnly that they Will not pc
init the enlightenment OF an article written
, an indefinite period before q given trial by viii
! transpired on that trial TO which the defendaI
I, was not a party. We must not forget that "
y y have a definite issue here with parties to II
issue, Now, II Mt. MuTtagh had been party
. this issue subsequently tried, what he said an
" did and procured to be proved might be veI
q competent testimony against him or In expant
tion OF what he dH BnL Mr MnItagh wa Was "
, tTanspires after the article Is written which
= counted upon here. But the Court has held un
: fOrmly that Il cannot enllghten the case, and 70
u now offer record ot that trial 70 enllghten Il.
Mr.. Harrington. Your Honor, this article va
d, written after the warrant had issued In 81
,s TuG1 Sas a 9p az ~ ts naS W. to Sa wSom
: refers-the article being based upon the arrei
OF Butts-we will be able 10 show from u
record OF the court tnht nc was
II complaint charging with an assault upon Guss
/, Gru6D, and that nowhere In this whole matte
u did this young girls name appear.
:. The Court. There Is nothing said about arrei
% Mr.. Cook. Yes; "Charles W. Butts wAs a
n rested yesterday morning by Detectives Nj
I, Dewitt and McElfresh At his residence, 0
l. Twelfth street, on the complaint OF the tTuste,
OF the public schools OF the First school di
4 Mr.. Riddle. How does that entitle them
i give that In evidence7
= Mr.. Cook. On the question Of Identity. II "
4 can show that another girl was distinctly n
II The Court. You may read the warrant, b'
q not the record,
"a Mr.. Riddle. Il Ia conceded by us that theI
was an arrest madO and there was trial.
! The Court. Yes for II appears that the artlc
does refer to an arrest.
q Mr.. Riddle. Yes, that Ia what we stated In u
" opening, but object to that, however, and v
' will except TO its admsslon-to the admission
the warrant.
:, The warrant was read by Mr.. Cook.
y Arthur Shepherd sworn.
- BY Mr.. Harrington. Q. Were you at the tin
~ Of the publication Of this article the managiI
a. . editor Of the NATIONAL REPUBLIcAH7 A. ] wa
~ sir,
% q. State all you know about this publication
Y how Il came 10 be written, 4c.7 A. The ARE
=, OF Mr.. Butts occurred on Sunday morning Ia
I, summer, ! think II was. While on my way TO q
!, once heard from police ofncer OF the ARE
~ OF Mr.. Butts, When reached the once sta
III ed out one Of my reporters to ascertain the fac
of the cAAe. He went to pOlice heAdQuATte