, 1874-10-04

mated that hc wanted tho testimony he could
have It. The matter was eimply question of
Eooo ia1h between MIN and those whose testi-
| moEs was taken. Tech.icl rules we're not
thought OF at the time, and ho made the promise
tna1 It should never be used unlees i: became
ABSOLUTELY NECESSARY.
Mf. Le 1loyne'said it seemed to him that if
Was absolutely necessary. Lie did not know
"Eesder the copy he had was correct or not as
lie had been told that some of the witnesses
changed their testimony after it was taken be-
fo1e signing.
Mr.. Caultield remarked that there was only
one who did so.
Mr.. Le Moyne proceeded: The COPY he had
was made from the notes OF the shorthand
wllter us originally giyeE. He knew from tie
character OF tile testimony that thoro would be
an c11ort to suppress it, There had already
been all effort nlado to suppress it, and whether
tho Court would encourage such an effort he did
no: know. but he thought not. He understood
that one OF the witnesses had refused to sign his
Testimony.
Mr.. Caulficld said that was true Mr. White
Was the gentleman.
Mr. LIE aloyne did not like testimony to remain
IN the hands OF one Of tho parties, where q man
might refuse to sign it or sign it sone!ime. If
the testimony WAS returned to the Court. all
would have an opportunity OF objectinE, or get
ting such FL ordor as either part: thought proper
III lagard to It, But being now shut mp III Mr.
C:,:tciua safe they had no control over it.
Gcn. Smith desired to state
WHAT THE CASE WAS
as preliminary to wl1a. llo lad to say upon the
motion. .Maner had flied bill against tho de-
Pendants seeking for r+conyeyance OF certain
lands OIL the ground that tLcro ras no consider
ton IN the conveyance t!iet WAS procured at his
instance troc, llr. King to the defendant Iarwell.
Tho defendants White and Lynn purchased from
EarWeN twenty acres, G.id Mr. Iarwe!l conveyed
sixty ceres to Mr. Pope, and he to Eaton, and
be TO Pe7klns.-tne latter being the purchaser in
that form Of the balance of the tract. The luca-
tlUns we're: whether Tiers VAS consideration
for the conveyance a. between the defendant
Farwell md the mrle;uant; whether ii tho
land cannot be recovered by the complainant,
lIr. FarweIl should DO held to account as
trustee So far as tho sui. was concerned, III
that branch Of it, it Has personal question be-
tween Mr. Farweil and Mr. Mahe-. On the other
hand, as between the purchasers. the question
Was simply whether they were bona ide pur-
cllasegs without notice, because if they wcrc,
wllatcyer tho relations might have been between
FarwelI and alahcr, thor could 50 and take their
land The testimony that had beon takou In tho
rase Was SIMPLY Testimony
WITH REFERENCE TO THE CONSIDERATION
passing bc.n cen FArwcn and Mal1"c: 1t VA, tcs-
tmony in which the other defendants. as he uu-
derstood II, had no particular concern OF inter-
est. lie supposed it was within tho province Of
q court of e::ui.; to prevent the use OF its pro-
cess for iElp-n7e. PURPOSES. He did nat sup
poso thu: II WAS within the po*er Of tho Court
"a, lcass lie did pct then claim that It wa5-.o
destroy the -ecuTda OF the Court: or, il it
Ile.se to pat it i'll tat form. to suppress what
was upon tho recor.ss bct he supposed it ,c0s
within the power Of i court Of chuncery, when
it SAW tbs! is process WAS likely to DO used for
what might be Ell improper parpese,-for what
nl:n ut affect parties, not only beforo the Court,
but parties who we're MOTTO
GOVERN THE DIRECTION OF IT:
and that III such Elc'r It WAS nut necessary TINT
either marty should a?Tear; i. Was perfectly
proper that cn= ore VINO WAY affected by thc pro-
ccedlns should appear are. suggest to tho Court
what vas Dal.G uoae. ...H. application was
made 20 Tie tnis testimony. 1t was co1rcGcd by
the counsel for Mr. 1!a.!eE that it mlSh. rot be
rcle:ant 20 the issue 1!c as the representative
of TX. Farwe!i. claimed that i. 7r1s c1ithat it
had no concern with ANYTHING that would como
up upon the hearing Of tic ease.
| Mr. Ca.llield remarked that be meant to say
| that there vera portions: OF the testimony that
| might net be relevGnt-t.ia! from great deal OF
cEs1 few grains Of w!:ta: might be Cleaned.
| Mr. LIE Moyue asked II it was proposed to CLEAN
| them outside Of the court
| 1lr. Caullicid replied: OF course not; it must
| all be submitted.
GEN Smith went on to say that the7 desired
the Court to take tito tcs.luacE Gad Consider II,
| and SEQ what VAS reeyaus and what was irrclo-
yanr 2nd il tho Co:.- chose. to call to its aid
the counsel Of any or ail OF the parties. and de-
termlne what WIS proper to 80 into the case aud
what not II there mas anything that properly
belonged to t-,e c1:2,
WIKI -C1NDtl-A' oA NnI.
whether it alta ,ae tho reputation OF any person
concerned o7 any Of the defendants. it w.s
p:oDcr that it should go in. Eat it not
proper to b;1ng II n:".chaats OF this city who
had 10 concern IN til 45e, Eni strangers IN tho
cou1munltv, rii,ps by N27 OF 1laain; . puhllca-
ton that .:a- u! Ct their reputation sad 1aaie
scandal in i..:: c:',E.2>tv. And it cortaI1iy WA
not proper. :: sc2me;! 70 hin, that the Court
should allow s::;::-- 20 90 done. Wuat protection
was there i :. cnii.t SLOWED sac!l thing to ba
tin II $t,1$ 7ffrf,t
publish whatever appeared in tho records OF 4
court. Ii-v r',io!lailed testimony taken III
court Then al t,a. Per: ::ae}o1 to do. it
he wished 10 attack the c4.-:t:=r OF another.
YVES to
IS:TI7 C7E SUIT.
give notice. and take .>Ati:.Ollv 1uat has no bear
lns whatever upon the It then went in;o
tic newspapers, eIli ttae cEAon Who was Injured
had redress, simply because 1t WAS testimony
taken IN court. lie said it YES proper for tho
Court 10 sec want had bean done with Tespec: to
the te9timonE. and, upoa its own motion. ndvis-
ed if 1t chose rs the c5ussc not, to strike out
such portions as had no lic2,l.g upon the case
Tia: wzs all he asked. So fer as the liberty Of
appeal went. ne supposed tue action Of tho
Court coald be appealed :rorn. and they could not
object to it. He then read from authority
eydeuce to chow that part: had the right to
call the attention OF th9 Court 70
"sCASDAl0ES INrEEr.SE:C1Es,
aad asl: relief. So far as he understood tho
English practice there was q practice Of sub
pressing dero5ltious that we're bcanualous and
impertineut even after the publication, what
was called ''raasi2g for publication" Ihero
were no par.icuIa. authorities in the courts of
this cc1ptrv th:i he had bce- able to find bc:r-
i1:g upon the matter. and this reason probably
w:s that the practice. rs it cxistetln some OF the
Eastern States. w;.s not oI slcl. 1. nature us to
got into tue higher courts and 1uto the published
Tcporis. ii had. however. been done in ChE:n-
bers or sitting in the circuit-aist pr.ns. lie