New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-24

/ occasion TO put to him this question (readngl
Down 70 that time had he ever wrongsd yoai A. don
think that he had except In asking me 10 lie Tor hifn
O. DO you think that was q wrong' A. Now. DO; yes
@ Did you then, A. I did not; thought was saving
man who was repentant.
| O. Did you lie for himi A. I did
| Mr.. POrter-We have your word
Judge NcllsonOne moment; counsel ought not 10 common
| upon what the witness says"
Most certainly this young lady should be equally protected
Judge Internationally.
Arr Porter-From harsh comments observe that you
Homo has endeavod exercise great beraiy on both sides
hut IL n claim the benefit Of rule OF law that mus
insist ND. suppessng these comments protesting agans
them.
Judge Neil. on-Now. Mr. stenogapher, read the last two
questions and hen will understand the subject pe1ecuy
the one prior to The question you did read.
THE TRIBUNE Ste lographer read as follows:
90 You recoect the first occasion when that occurred
when she was locked during that length OF Timer A. wen
II has occurred in the We, RS 1851 6S and o.
Mr. Fuerton-Read the next one; want 10 make mouon
The TRIBUNE Stenograph'r read:
90 You ere sure the year are you They went "a
their house in 1866 and was aooai yeer aI'sf 'y ,
into their house that noticed In unkndness to Mrs Iton
Mfr Fulerton-Now move to Arke that out
Judge Neon-Now the word hla. land the words after
it, are stricken out.
Mr. Fnerton-Because It Is rresponave.
Judge Ncson-And the other part Of The answer respon-
slye
Mr. Evarts-If motion Is made to strike out would like to
OF the matter The question Is this She has given evidence
concerning certain conduct Of Mr. Tton towards Mrs Iton
to wit what included part OF H. their being locked up TO-
gether in for length OF mef NOW, my iearneu
friend wishes to get the date Of those occurrences ana the WI"
ness having no other unknness in her mind and no
other Instance unndne but the one concerning "cn
she inquired about She then says: They went 10 ne
house 1866 and in the year 1861 as first noced he
difference" she says, ION that subject"-
Judge Neson-About year afterwards.
Mr. Eyarts don't care reproduce It, because might not
do that noticed his unkndness to his WIFE,
Now legitimate application in the witnesses mind and In
the witnesses and in the uys apprehension OF IT, ana
her apprehension OF IT, Isl You asking me to nix the daes
OF this series style of that you are nqurhg
about do fix the date that these were the times that
noticed his unkindness but not his unkindness In general o
his unkndness other particulars but this unkndness con-
corning which you talking me-" submit that Is per-
fecty natural conclusion OF the Witness and 1t is legitimate
answer And then IL the learned counsel does not necessarily
include these particular ukndnesses as thus appropriated 10
these dates whv that is easily supplied by further question
on his part is not right to strike 1t out it seems to me-
Judge Neison-I think that clause properly stricken
out counsel not having Intercepted the witness In tha
connection any unkndnes aud not having referred 70
the locking OF the door as an act unkndnes and act OF
which he wished the date ought to say In TINS
connection that accept cheefuy the suggestion made oy
Judge Porter that all witnesses be treated alike and
that counsel in the earnestness Of the examination
ought to words unpleasant to witness
Mr. Fullerton-Have used one there'
Judge Neson-I don't say you have cannot take upon
myself to recall; only, it is suggestion.
Mr. Fulerton-No Sir but implied in the observation OF
your Honor and studiousy avoiding any observation 10
this that is in the slightest degree offensive chai
enge counsel upon the other side to produce one instance
in which violated any rule Of propety In the examna
ton Of this or any other witness II asked this witness the
question whether she lied and she should say Yes; and
should respond we have your word for it, as Judge Porter
did to Mr. Mouon when upon the stand then, Sir
should be the subject Of proper rebuke
Mr. Porter-Well, Mr.. Moulton had stated that he lied
Mr. Fulerton-That did not warrant the observation
Mr. Evarts-Why, certainly.
Mr. Fulerton-No, Sir.
Mr. Eyarts- was not accusing him Of lying. He said he
lied.
Mr. Fulerton-Yes, Sir and he lied for your client.
Mr. Evarts-I know he said 80; he said [Laughterl
Mr. Fuerton-He lied for your Client and III becomes his
counsel to rebuke him for it,
Mr. BeachHadn better get the answer to this question
before adjourn!
Judge Neilson-Perhaps you had
Mr. Evarts-Now, if your Honor please. here is ruling
that your Honor has made [readingl:
"ton having said in general question on direct
examination that defendant denied the criminal inter
criminay attached him alone ETC. hd that the motion
strike out responsive and as stating general results OF
conversations, Instead .or stating What was su ana WHICH,
should be denied"
Now the point undoubtedly that great prejudice may
come TO testimony and injury to the witness by
striking evidence that not upon clear judgment
volunteer spurious when notifications OF the evidence
can easily supplied by subsequent inquiries And 1t is for
that reason suppose that your Honor has been avese to
striking the instances that called attention to- and
think just the witness TO strike out an answer that
il seems to me- fair consideration may well be regarded
your Honor and the jury the mind Of the witness
sponye Where awness volunteers extraneous matters why
OF we understand that the witness exposes herself
himself to the rebuke of striking out evidence.
Judge Neon-I think in the instance cited from the record
where failed strike the notion there connection
between given and the subject matter of the in
dury here other hand In contrast with that s SIM
pie inquiry as to the time when the locking OF the door oc
cured whether locking Of the door an unknd act or
not the learned counsel did not inquire and may not want to
take the Judgment this witneesmply the time when
CURED Therefore think the last words of this answer
properly stricken out charactezes the closing OF
the door, or locking OF It, unknd act inquiry which
the counsel had not presented at all.
THE CLOSET LECTURES AGAIN DESCRIBED.
Mr. Fullerton-It does not follow that she referred
the unklnd conduct to the locking Of the door TO the wit
ness you certain Madam as to the time when you