New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-08

q. Now what have you 70 say about that converse
ton A Well, Sir called Mr. Swift 10 leave him
diagram OF property, according agreement, and
these gentlemen we're in the Office and the
was commenced while was In conversation with Mr..
swift and Mr. Fli1n was very vehement as he always
him. and had said but very few words before ne init
mated that told fasehod; wel II there f. anything
IT, and felt to retort by provoking f'u. more out OF
| Q. And that was ali OF it A. That was about all
| Q 1t did not come to blOwsi A No. CIR. That
Q. Now you have said that you have conversed with
draw out theirs, and 50 forth A. have sad yes,
Q Was this conversation with Mr.. Finn of that ma
ture A Well it with the exception OF the fetors
| provoked by his intimation
Q After be told you You he'd, why then 10 became anne
personals A; II was no lie direct but In way that
O. Now these other conversations In the with
Mr. Berrl. and some where with Mr. Rowley, etc. have
you any recollection about those conyersat3ns, "a
Well have frequently talked with Mr.. Rowey IN MS
Office, and as stated In my first examination nave
not been able to have connected reading OF tne pro
ceedngs in this matter, and being OF an inquistye
mind wished 70 learn what lacked within ny own
| elicit the opinions Of those that talked with.
O. II was With these gentlemen as with any others as
%s 5 N iSsss 1 ~ you
say s to your being free from opinion on one s 6
| or the other OF this matter A. cannot state any
| different from what have already stated. 81
q. You state you have already stated A. Yes, Sr
no%e T "T s sa ed SHaI SsVs
scientious excuse in the beginning, most assuredy
Mr. EvartsWe all see for the interest Of any
gentleman to be the jury. We think, Sir that De Is
| Mr.. Beach, propose 70 ask question OF two; ITO
the Juror You speak OF this interview with Mr
with the proprietor OF the Office in which IL oceufred
O. MI Finn was somewhat excited and passionate.
understand you to say before you mingled IN Ine CON
versadoni A, Yes he was apparently very earnest.
q And advocating expressing his opinion upon one
O. And then, after you had heard that expression of
opinion from him. became connected III the CONVEX
sation. A. Yes, made some casual remark as rose-
! z. Wel-One moment; did you express any OpshiVu
upon tile merits OF this matter In that conVersaoh a.
| don't recoect that did.
@ Well, do you mean to deny the assertion o, mr.
Finn that you dldf A mean this, whatever sau
O We Will get at that in moment; did you upon tnat
occasion express an opinion upon tue merits Va tn7
troversy A. Well, can't call 1t an OPINION; cant
O Well did YOU express your views upon the subject
Of The controversy A. can't admit that they were
| my views, because A..
O. Did YOU express any views upon the merits OF the
controversy, whether they your Views or hoIi a.
| might have remarked . ,
| @ don't want what you remarked now want you
| 10 answer that question directly.
Judge Nelson, TO the JurOr-5ay yes or no. -. -.
q Did you upon that occasion express any views as
| 10 the merits of this controversy A. Well, cannot
Q. did not ask whether they were your views. I
asked If you expressed any views A. prOoao,y ul,
q. You probably didi A. probably observed suen
| ana sucl condition ,
| O. No matter what you Observed A. don't recol-
| leci what IMPRESSIONS they were.
| @ DONE ask you what they were. Now you say
this was done BY you after MI FLnn had 10 p a1s.{
! a. Yes Sir
O. Then your views we're not expressed for the pur
pose drawing his out A. Well, 1t was TO elueldae
| what further he had TO offer -
O. Aud that understood you to say to Mr.. Evarts,
| was done in mischIevOus manneTf A. After ne had
! east that ntimatOn upon me. ,
| O. gentleman has been sworn Mr.. Bowey. think
Alderman ROwley-whO says that yol On various occl
i0ns expressed very decided opinions IN regard
merits OF this controversy; Is that correeI' a.
| O Well answer me whether that is correct or not
! A. Well, can l not show the manner ia winch eA
@. On we will see about that. You will have an
opportunity TO 10 that II don't allow II COUNSEL on
the other side Wild, OF the Court. A. 1t Was Ia Oppos
O. Can't you answer my direct question: Alderman
RwIey save that you various occasions expressed
decided, animated opinions upon tue merits Oh tnls CON
| troversy. Is that tTue or notf A ArgumeDta"'ey II
That is after you had learned hs opinion you ap0a ~
your own 10 draw him out a. Ihls was d. u4AcIeu'
stages. nj.
Wet was 1T fseF ha ny a. a Y's g last March
Mr. Evarts-These Conversations, l understood you
just now 10 say, were al different stages Win Alderman
o. And when be- expressed an opinion, if he lid did
yoI ask his argue the matter WIN aim A
| We'll, argued the matter; yes. Sir
q. Aud that WAS the nature Of the conversational a.
| That was the nature OF the conversation.
Mr.. Beacn-lIat ID all, your Honor -
Judge NeIson-DO you wish 10 make any suggestion
| Oh the suDj-ct, Nj Egartsl
Mr.. Eyarts-Yss, II your Honor please. understand
the juynan TO occupy prgc.aelJ he same 'os,on 10"
ton II u1deIs that he had taxed aD Jut ths
matter different stages OF t 70 VARIETY Oi people,
aud had expressed opinions in those couyersauons OF
the nature dni 10 the extent ahd Win ne purpose ths
he indicated and the result Of it All That ne had
never formed or expressed opinion That was CON
clusion OF his mind, concerning the neil 81 Jle
case-Jhe whole case. TINS was all at dferent
stages; he would talk about this statement or
that statement about tins man or tina now apuht III
ton OF M3u.tou or Beecher might he now H. be-
SIDES having examination or the party proposed as
Juror himself and rue disc lsson OF his i,Eehce
ana upon the subject we are 10 nave ey
dcuCc adduced abOut casual cOHNersd'lOhH lelu 49,.
the matter was ia nerI aud winch were e1plesseu az
ls 7S y ~ HS sk % rs n 55cs r W Get a!o
a region where there is security and no dehulteness
whatever. OF course people VIA IdIh' auu II 10 ny ~
all PROBABLE That persons talus VIII prove pre-
clscy results OF tine interview to the Court on
side or the otner, and the mature OF tne matter IN
quentiy prevents any probing qle-uOn-t was geu-
era statement, whether II wac enphac or decldei "a
tins that or the other Bnt as your HIIo: DsSg ,S
ali Withhold necessarily In probing OF the aotuAi ian
guase position that was taken
IMPEACHMENT ENDS IN DISMISSAL.
Judge Neison-I THINK the juror must stand aside
under all the circumstances
MI Evarts-For principal cause
Judge Nelson-Yes Cir.
MI Beach7-No Err; not Tor principal cause.
MI Z arts-Weu, Shere the favor 1. is either 'or
,rfnoipa canse or not principal 1t IS the forna-
ion ana expression Of OPINION q. NJ, tho .,rouna Of
principal cause. Nj. Robinson, you are e1cnsed run
NJ Evarts-We except Your Honor;noes our excep'
ton to this refusal
Jldge N-isOn-Ies Cir. .,,--...
Mr. Beach, hope your Honor Will not place tuls ques
ton improperly in any embarrassing at'tui e rs ,or
Judge NelsOn-No; have no right 10 40 So Inc Iuio'
Oh the whole. think. should be excusel; ,,. ,tob
Mr. Be1cn-Yes sir; but it Is GU the chaeng' WhlcA
was made both for principal cause ana IaVOr lontS
Judge Nelson-It on the Challenge winch was Oeioo
Mr.. Evarts-Your Honor will understand that we
hSva with great respect rierthe Court actlug
as trer-a right know which challenge Is sustained
becaase exceptions VIII stand upol mat 40 10,
| myself ace any connection with the favor Are We 10
understand tnat your Honor decides on the cnaAehse