New-York tribune., 1875-02-17

conversation that part Of the oct must be given and that
| s the rule he invokes
Mr. Evas-I have narrative this witness which he
not to mpugn OF his concerning an interview with
Dr. Sors, which, my learned friend now Comedies he
stated that he had shown Dr. Stos this paper and he mas
given in his narrative which he cannot mpugn tahough 1t
does not bind does bind him. to what occurred when he
so showed and in my examination, have not touched
what occurred when he so showed IT,
Judge Neison-Except that he showed It,
Mr. Evarts-I having had draft and copied manuscript
undertook TO find he OF people that he showed Il to-
aod Dr. Stors is introduced into my inquiries and into his
answers only Of the persons that he showed to- He
might have cft ndsnct whether the draft or the
copy whether 1t incomplete completed statement
that was shown to Dr. Stos and have identified the paper
that he has spoken OF having been shown to Dr. Sor and
nothing else And now because have identified the paper
that he has spoken Of as having been shown and
being attended with conversation, and have confined
myself ngdy to the identification Of the paper, learned
friend says that he liberty give conversations that at
tended the exhibition Of the paper that the proposition
sppehend that there foundation for that proposition in
this case because he himself put evidence In shape that
binds him. and has introduced my crossexaninson this
conversation, which abstaincd from examining him
upon Then only identified paper having been shown
] to DIR. Storrs.
| Mr. Fuleron-Your Honor the force Of the
learned genemans observation that he could not trust to his
| own memory as TO what took place.
| MI po"Su-lio MI FnlertonI VIII yOu permit me, MI
Fullerton, before with this examination, TO read
portion Of the testimony Mr. Eyars put this question
| [readingl:
% Now how early did you begin the writing drafting Of
pe orgna a. should think somewhere about the goth Of
@ How are you able to fix that date and with what
sDef A. fix that date by the date OF visit which made
| ber 18th
date Of the to Dr. Storsf A. No. Sir think the date Of
| that letter. namely, December 10TH"
30 And Won tho, had a., ;nsrvev with n, sorrs Ind Won,
A. had two OF three interviews.
% Wen you had one then on the 10th Of December A.
q And that time you had not commenced the draft had
your A. don't remember whether had commenced It, or
Q You cannot say that You had any part Of the draft with
you "hen you went to Dr. Sorrs' A. No. Sir; dom fcco
Q Now when next did you Gee DR.. storrs' A don't
@ BE as clear may bei A. saw DR. 6torrs three four
time; don't remember the dates Of these interviews One
another was perhaps towards the middle or towards the close
q Ny only point at present to know what state this True
So N a or eo1Ped tee copy WAS when yoa showed @ to
stance of the whole paper; don't remember on what day
Did you read then from this physical paper that has been
called the draft Physical paper called the draft
You & saa 10 vi him s't the paper which was after
wards copied In more eleanly way
Mr.. Fullerton-one moment
The Witness-and which stitched together and eol
| stutc what you call the pamphlet"
| Mr.. Fuerton-Now, II your Honor please
Mr.. Eyarts-Wait moment.
Mr. Fulerton-No, when 1t comes your turn
| Mr. Evarts-No, will ask him (Mr Beach, to read
Mr. FulertonI will that, because 1t win be part
| OF my speech and not part OF yours.
Mr. Beach, viii read anything the gentlemen wishes me 70
| read Ireadingl:
| % Called the completed copy' A. Yes, Sir.
q Then this draft was the paper which you had when you
showed Dr. Sor any part Of NJ that s when y0n showed
tlntva in of fiOnc
Sioryf A. Well sir am not bat nink had two inter
T D sS One M oGe 10 in 'ae s
q That might be, but that ain not inquring about A.
a want tx the date of the interview with Dr. stors
in which you had physically present the draft or part Of
the draft Of the True Story A. Wel Sir, cannot fix the
| O. You cannoti A. No, Sir
q. But subsequent 10 the 10Th OF December A. To
| the best Of my recollection"
| Mr. Esarts-That is exactly what want.
Mr. BeachThe previous question had been in regard TO the
| time.
Mr. Puerton-Now your Honor plainly and distinctly
attitude which they occupy reference TO this question
Ii did ranspe the direct examination that paper was pre-
pared called "True Story" but its contents unknown
time supposed TO have been destroyed-he whole
t-and announced It, Afterwards your Honor will bear
mind having discovered that few loose leaves Of the draft
| were IN existence, stated that fact to the Court
| Mr. Eyarts-Not draft.
Mr. FulertOn-Yes, Sir. On the animation the
learned counsel upon the other side read the witness what pur
ported be copy the original don't know which, Of the
Story and the witness inerrogated em time TO
time whether the parts thus read correct and whether
they constituted part Of that "us Story and your Honor
oecs his Then the learned counsel called for those
leaves OF the original which had been preserved and which
possession aud being furnished to him he read
them in evidence lie didn't stop there He went ques
the witness whom he had exhibited that True Story
when in existence whole and others he
toned the OF Dr. StOs Now your Honor will perceive
left the upon hs direct examination the
OF the paper not having been made known ddnt
operate either way the other against the Of the
plaintiff But when the kes known the
the pspr and the witness il TO be judged By what he has
written then, he shows that that paper has been
| hibted A, and c. 1t certainly is my provinces
show what he said at the time OF tA exhibition OF that paper
This question arises upon what the counsel other side
has elected from the witness Why. Sir
pIted before but that could prove what he said
| time OF doing a act. The words qualify the act.
Judge Neson-That will be admitted The learned counsel
the prior discussion spoke Of verbal act that Is being
| part Of the oct itself.
Mr. FuleronWhen this paper taken by the witness to
| didn't prove
Mr. Evarts-That you proved.
Mr. Fuleon-No, Sir; did not prove 1t. The contents Of
that paper made known Sors by the witness and
that fact has been proved by the other de and not by
a Now, when he read that paper have right to show
what he sad " regard TO IT, 1t is his words qualifying bis act
DR. STORRS ADVICE ADMITTED.
Judge Neson-Well, | think will allow the