New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-07
TROUBLE ABOUT TAKING Mr.. CLEyELAND's
TESTIMONY.

Judge NeisOn-That | have no doubt OF at
all Mr. Morris, in this matter OF closing Mr. Clcveands
evidence hadn't you take order OF reference
to Judge Greenwood for instance am really not wen
enough to attend TO that go out Of court tired ana
come In tired in the morning
Mr.. Morrs-I will consult with my associates
Mr. Beach-We will consult about that OF course IL
merely for the crossexaminaton After consultatlon
your Honor please there Is some little difficulty III Tie
proceeding for the examination of Mr. Cleveland arising
think from Misrepresentation between the gentlemen
who conducting it, and wish to understand rom
your Honor whether order the informal order under
which he is examined of such character as to make
his deposition when it is offered, absolute evidence al
though the witness may then be in condition OF health
to appear and testify orally before the Court Ihad sup
posed that the examination to be taken the same as
If an order for dc bene investigation had been
made.
Judge NeilsOn-It stands so. / suggested TO Judge
Morris this morning. however that with view to close
perhaps might be referred 10 Judge Greenwood "
take the testimony
Mr. Beach-Oh, think there would be no difficulty
Sir, in closing the examination with the understanding
that whenever the deposition shall be offered 1t sha De
their duty in the ordinary OF an order to show
the ncapacity Of the witness to appear in Court.
Judge NeilsOn-Yes that will be the course
Mr. Morris-And that we can proceed In the crosscx
animation the direct was proceeded with-where an
objection is made the question the objection ia noted
pass upon relevancy propriety Of the question and
answer, when it is presented in court.
Judge Neils0n-Or, TO delay in court, / might
hear counsel Chambers to those particular 4les
tons.
MIR. Morris-And there is another point Of difficulty
that between that is, the counsel Tor the de-
PENDANT insists upon the right OF the witness to correct
his testimony by simply striking and inserting We
contend that any corrections that he has TO make should
be made in the same way upon the stand here, by
subsequent question and answer, that the record
should appear complete and not corrected in that way
because it takes away great deal Of the force Of tes
mony.
Judge Neison-rsnt It the usual practice to make cor
rections in that wayi
Mr.. Morrs-The same as the witness upon the stand.
Judge NeilsOn-Yes.
Mr. Morrs-WeIl, / insist that should be the course
pursued ia the examination OF Mr.. Cleveland
Judge Neilson-I think that should be so, Sir
Mr. shearman-Well, II your Honor please, we should
very much desire to have your HOnors attendance, or
the attendance Of Judge OF the court because Mr.
Cleveands health will not permit Of four or I'VE days
examination consecutivey.
Judge Neilson-I will attend II you desire me.
Mr.. shearman-we win be very much obliged II your
Honor will attend this afternoon, some time
Judge Neilson-I will DO so.
Mr.. shearman-At what time-hali-past fouri
Judge Neilson-At the time you agree up0n Sir, Will
attend.
Mr. shearman-what time will suit you Judge Norris
five. halfpast dwell
Mr. Morrs-Five o'clock, yes, Sir; but it viii not be
concluded to-day.
Mr. Beechcr then recalled, and his direct ezamna-
nation continued d follows: