New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-29

MR. EyartsWe, I, OF course, should be very glad TO
save myself the trouble OF ASKING.
MT Beach-Yes; there Is not much trouble when the
questions are prepared
Mr. Evarts Ito the witness Was any suggestion or in
qury made concerning any OF information that
the Woodhus hadi
Mr. Beach-The gentleman does not seem TO pursue
your Honors suggestion regard to the mode OF exam
inatiOn OF this witness
Mr. Evarts-T don't think there is anything improper
in my question shall endeavor to avoid anything that
is improper.
Judge Neson-The learned counsel suggests that the
more correct method would be to ask Mr. Tracy to state
what occurred in the conversation: what was sad-of
course reserving your right to interrOgate him to
specific matters aferward
Mr. Evarts-If your Honor please have no doubt
that my learned friends quite right in thinking that
there should be suggestions, on my part, OF the an
swer but don't think contrary to the usual method
either TO show the facts to the ordinary propretes
in the course OF interview which embraces various
topics that there should be orderly inquiry concern
ing the various topics That has been the effort my
part, and that alone
Judge Neson-No; IL is proper for counsel TO indicate
to the witness the particular branch OF the subject which
he wishes him TO state otherwise he might extend II too
far
Mr. EvarsThis last question OF mine II OF that nature
Mr.. Beach-Your Honor has repeatedly indicated inIhe
course OF this trial. and you applied the rule to
that in the examination of witness concerning inter-
view at which he was present, and other parties the
proper mode Of examining after drawing attention to the
prelimnares OF the interview, would be to ask him what
transpred, and get from the witness in advance his
spontaneous recollection of the interview that may
Judge somewhat OF the accuracy Of his memory in regard
TO it, and then anything has been omitted in the udg
ment OF the examining counsel to put TO him specific
questions subject which had been discussed at
the interview and submit TO your Honor that that
course is eminenty proper in the examination OF the
present witnessOne of the active and leading counsel
upon the part of the defense, and who is quite compc
tent to express his recollection Of the occurrences
at the interview which he has related.
Judge NcilsOn-It seems to me that is the proper
course Mr. Evarts.
Mr.. Evarts-I do not think understand one another
on that subject II your Honor please IL IL very easy to
talk Of single point OF discussion in interview rcIat-
ing to that point but here Is conference that extended
through several hours in regard TO which there are at
different times different persons present. and in respect
To which the production OF the conversation actually
occurred the object both Sides and all that have
desire for ia that the progress of the narrative shall be
in ts actual order not subject to the mOmentay force OF
recollection OF prolonged interview. agree that two
men might have talk on particular subject and there
is occasion for any other mode OF distinguishing or
discriminating than would arise in the method that has
been suggested and shall endeayOr TO observe the rule
of examination which your Honor has ntmated, and as
| understand it.
Mr.. Beach-lt is undoubtedly desirable II your Honor
pleaseI do not mpute anything in the way OF impro-
prety in the object of my learned rcnd-bu it is un-
doubedy desirable that should get the interview as
nearly possible in the order that occurred and the
question whether shall be likely to get it from
the present unaded recollection Of the witness, or by
lead the part Of the counsel following minutely
prepared statement in support Of any theory which may
have been advised in regard to this conversation pre-
fer TO take and suppose from your Honors observation
that you think that il the proper cOurse prefer to take
the naided the unrefreshed recollection Of the witness
while on the stand, rather than the suggestion and
leadership Of the counsel examining.
Judge NcilsOn-That il the course we have pursued
hitherto ana sec nothing to prevent its being pursued