New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-24
Mr.. BEACH MOVES TO REOPEN THE CASE.
Mr.. Beach-There is a subject, your Honor,

MR. BEACH MOVES TO REOPEN THE CASE.
Mr.. Beach-There is subject, your Honor,
which proposed present to Honors attention
before this finally submitted to the jury. 1t is
in regard to evidence which propose to offer.
understood your Honor say that the motion should be
de ferred until the argument concluded and then
should be presented to your Honor at chambers in the
absence OF the jury. We have desire to spread the
before the jury, but wish TO make to your
Honor application founded upon affidavs, presenting
the newly discovered evidence.
Judge Neilson-The counsel will have to agree among
themselves about the time.
Mr. Evarts-we can be party, II your Honor please,
to any agreement We knowledge OF this matter
Mr. Beach, have objection, Sir to presenting the
anidayits and reading them here.
JUDGE Neilson-I should allow that to be done.
remember now intimating that II there any motion
be made should not hear here in the presence OF
the jury.
Mr. Evarts-Yes, Sir; suppose that Is regular, your
Honor please.
Mr. Beach-What Is regulari
Mr. Evarts-To present il elsewhere.
Mr. Blackwell, think it Is perfectly regular to pre-
sent 1t here; but, still, do not desire To-.
Mr. Morris-We will present 1t ut the adjournment OF
the Court Sir, if it meets your HOnOr's Judgment 1t
on ght disposed Of tonight We desire to know, so
that We can govern ourselves accordingly.
Mr. Evarts-It is little awkward TO suppose that we
are going to do. We are entitled to notice.
Mr. Beach, think not Sir.
Mr. Evarts-After hearing what you lay before the
Court, then it will be proper for us
Mr. Bcach-Oh. no, Sir; OH no. Sir This does not take
the formaes Of ordinary motion. IL ~ an applca-
ton the Court during the tendency OF the trial. 10
open the evidence which is made upon the instant IN
the course trial, without notice or the service Oh
papers. -, - A.. go.
Judge Nelson-My suggestion was based upon the con-
sderatOn that matter spread out mere IN the
hearing Of the jury
Mr. MOrris-We do not desire IT, ,, =.
Judge Nelson (contnuin gl-they might oonfound IL
with the testimony already III the case.
Mr. MOris--We do MT desire IL, Sir
Judge Ncilson-Yes. Well, Will do anything That the
counsel agree upon. go
Mr. Beach-Well. Sir. propose now. without real
in tlen To offer the lil.ys To your HOnor-to hand
them up, and make the motion. -
Mr. Eyarts-Then his Honor Will let us know what lie
wishes IL tn say do about it. - ,
judge NeilsOn-I wish the counsel would consider the
convenience OF each other. .
Mr. Beaoh-We have argument to make upon inc
subject We wish To submit the papers to your Honor
AMI make the motion, AMI then Whatever course your
Honor and gentlemen choose To pursue in regard
to future consideration Of II quite nmateria To u.s.
Mr. EYarts-Hlye you copy 10 hand 70 US
Mr. MorTis-NO. | have not Mt. Evarts.
Mr. Beaeh-We will hand up the originals
Judge Nelson to the Juryl-Gentlelnen, please get
ready % retire would recommend you, you receive
any letters whatever that do not 10 all appearance
indicate business you viii do well to lay them aside until
the ease il over have found convenient to pursue
that course for this last week
The Court here adjourned until IL O'Clock this morning