New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-25

az oour. I'm with the defendants
evidence denying that the Indebtedness remained Tnat
Is the application Of tina. proposition. have explained
you already how you should consider previous neon
sstent declarations which you may find have been maze
by the plaintiff, whether before the action was COM
menced or aferward, chsractcrixing affecting his
testimony here and you to interpret and apply II.
think 1t Is q matter of fact for you.
LII The unequivooal admissions Of the plaintiff himself
snn Fl inc il
charge In wholly inconsistent with the present
TsoS innocence discredts their testimony the
rary given and requires Its rejection by the jury as
wholly untrustworthy.
explained to you, gentlemen, the theory and duty
which suppose you would respect in that regard
and sdmonishcd you to consider how far, IL at ALL MI
Moutons previous contradictory statements could be
ascribed honorable purpose to suppress scandal
protect the defendant and to protect Elizabeth and carry
out the doctrine Of suppression. The same suggestion
applies to Mr. Tton and you at liberty to consider
and should consider, the motive which led them to do
one thing do the other and whether they did 30
with moral purpose immoral purpose honestly OF
dishonesty and then determine tho effect either In large
or less degree degree whatever as prejudcia to
their testimony.
witness of his has wully sworn falsely on material
point they should disregard the whole Testimony of such
witness.
have stated the rule on that That is general rule
but is not imperative where any part Of tho testimony of
the witness thus affected is oorroborated.
LIv When witness testifes to conversation OF the
are no of direct contradiction except by the oath
of the defendant. the jury find train OF clrcum,
the Conversation ia fully denied by tho defendant they
may reject the testimony to such alleged conversation
Certainly you may because the whole matter belongs
to you and this of the incidents that should on
your part patient attention ITO coahseiJ oeh
tlemen, you cOntentf
MIR. Beach-We arc, Sir.
Mr. Evarts--Yes, Sir.
THE JURY RETIRE TO DELIBERATE.
Judge Neilson-Mr. Spaulding Turning to
Mr. Mallison) Who arc the oiicersi
Mr. MallsOn-Onicers Doyle. Spauldng, and Thayer
Judge Neison-Come forward here.
Juror-If the Court please, will your Honor allow us
access to the original records papers, IL We require
theml We only require a few.
Judge Neson-It not usual for the jury to take out
any papers, but the question in any particular instance
rests with the counsel
or three.
Judge Neison-Whati
AJuror-ws assume that we would only require two or
three
Mr.. Beach-we have no objection part, Sir
Mr. Evars-The difficulty in such cases. if your Honor
please and without reference to this particular case Is In
determining what are and what not within proper
allowance what the jury may have in their mind Some
papers be in existence and others may DE III OK
stenoe and those not in existence produced In ev
dence. We cannot send up those that are not In exist
once. That is the difficulty:
Judge Ncilson-No there Is an embarrassment abont H.
think IT, in your deliberations specific question
should arise to any particular paper you can SEM
down full information and VIII give 1t to you as Tar
as we able
Mr.. Beach-That may produce some Inconvenience,
your Honor in the absence OF parties and OF counsel
Judge NeilsouI should not do 1t in the absence OF c0un
senever answer any question sent down ny inc Jury;
papers should be handed to them which are mol IN
existence but there two three understand IL
would desirable for them to have. 1t seems 10 me
be reasonable objection to the submission OF
original papers Of that character For instance, Sir III re-
gard the Letter Of Apology 1t called where some
question has been made upon the appearance OF the In
sruncn ITSELF that the jury should have that 10 look NJ
Jndeo NeilsonTWi You have the Kindness Mr. Abbott,
to IL there particular paper which you
wish to give to the juryi have no suggestion to make
the subject. - .,
Mr. Morris We willing they should take ALL 80 far
Mr. Madison 1.-THE Clerk then administered the follow
ing oath three officers having the jury in charge
You shall well and truly keep every person sworn on
meat or drink water excepted you shall not suffer any
person TO speak TO them, nor speak 10 them youiseI
without leave Of the Court, except IL DE 10 ask tne
whether they have agreed their verdict until thoy
have agreed their verdict so help you God.
Mr. MOrris-I understand your Honor has directed the
jurors dinner to be served to them mat is excepted
Judge Neilson-Are there refreshments up stairs
Officer spaulding-NO, Sir.
Judge Nelson-Thcre Will be.
Officer Spauldng- get the jurors ordess' 50
Judge NeilsonEGiive general comprehensive order.
At any rate have it brought there ITO the jurors l.
Please retire with the officers, gentlemen.
The jury then retired.