The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-10

II "
tanning that letter and ask his attention to tnat
letter. showing 1T IS thus printed; then hand
him the letter, and nothing else, as in the hand
writing OF MS amanuensls. and rs laid be ore the
COMM tee-ihdt IS, the letter; | don't want any
tbng 10 DO with the statement-and then ask HIM
we her that letter purported To be The whole let.
to- as thus written, and containing no indication
d omission 10 get rid OF any difficulty about the
VIKING; and understand the witness TO say that
ne observed, or may have observed o. some
tne or otner nat there was GinsSHce
ana read and the Catharlne Gaunt let
te. as written by his wife, ana That he sent
But now he does not remember that 1t was tho'
Eraphed out that be sent II; but whether IL was
l.ho2raphed win appear from the Graphic Itself.
Now, am readlnV as IS my right, the private let
81 OF ms VIE aud nave right, IT seems TO me,
to show that any publication different 10 That, I'M
DER the supervision OF this witness. IN any deEree.
has omitted ms passaef and sacrinced III 50 lar
OF that sacrifice win appear by comparing the let.
ter as printed aud used with me letter written by
The Judge-You have right TO read the letter,
but 1t don't appear 10 be part OF the statement.
M ere a a yoa Both beg
here tho one IN the presence OF the other and tae
Otner IA presence OF the one.
MI. Evarts--I understand Your Honor to lay
down some PROPOSITIONS That may be necessary TO
observe but whether tnat has not been observed
Is The question: II Is not certainly necessary wnen
wish 20 compare n letter contained In tndt puoll-
cation ana ior which TINS witness IS responsible,
and with the letter as written and TO show the
dlnerence, that should use the statement and the
rest OF 1t, because nave nothing to do with IT.
nshed IL.
Mr.. Evarts--Your Honor thinks that is not
proven that the statement as pu0llsncd-tnat does
Mir. Tiiton (ailer looking at the original letter.
Ny oppression Is that these marks at the top OF
the letter Snow that it has been Autographed at
some time; will not swear TO IT,
Mr.. Eyarts--rne Graphic WILL speak Tor Itself. A.
Yes, Sir.
Mr.. Evarts Showing the leaves OF Mr.. Nav
erlcks copy to witness aRanl-Now LOOK at
uscript which place in your nand To be the man.
uscrlpl OF the letter AS 1t was presented before
Mr.. Fullerton-We object to it. He asks. sir, as
mere matter OF belle OF tho witness, when lie
should as a matter OF knowledge.
Mr. Evarts-Do you know or believe? We have
right to either and right to an answer there.
Mr.. Fullerton-And VIC right to object.
MIR. Evarts-Do you know or believe that that
your nands, as it is IN those very leaves as they
are n your hands, Is part OF the statement made
be lore the church commlttec9
MIR. FulerGon-That object TO.
The Judge-I think we can take the answer
Mr. Fullertun--Whether he knows?
The Judge-Yes, whether he knows.
Mr.. Fu!lerton-Thc question is whether he knows
Or Delcvcs.
atom t. have the witness Delel.
Mr.. Fulcrton--Ii they want to compare the
placed before the committee they have O right to
do so, but hey must first snow what was placed
Mr. Beacb-Your Honor will recollect the rule
OF law Is where a witness is cross-eXamined with
regard To the contents or paper the paper Itself
must DC introduced; II has been so decided In tho
Court OF Appeals.
The Judge-Yes; SO 1t has.
MI. Beach-Very well; then tney present to him
some thing in the handwriting OF MI. Maveiick and
do not ASK whether that was part OF the state
meat, but whether he believes IL was part OF the
statement or G copy OF portion OF the statement
WHICH was submitted to the committee. | sup
paper 70 which the question refers and II the wilt
ness can Identify that as portion OF the statement
] certainly have no objection 10 mat.
Mr.. tyarts-Read the last cues ton.
The stenogra pher read: -"DO you know the fact
thai e o. ans er WHEN eay ySu wnc
are now in your hands, a part OF the statement as
you personally made 1t before the church commit
MI Eyarts-Is that the last question:
Judge Neson-Tnat naturally should be the last
Mr. Evarts-I ask him to read the last one.
There is some variation. suppose in the phrase
ology OF 1t. Have you LOT any subsequent ques-
Steuographer-No. Sir.
Mr Evarts-lt is not.the question.
q DO you Know or believe that the written
leaves which you hold In your hand are copy OF
lane Deore the ccn Now
they object to s that cues tor; A. I'm nave every
srlcks copy OF that sworn statement which
laid before the committee, which statement In.
which statement, IN being laid be ore the commit.
tee, was accompanied also with the original man
uscrlpt o. the Catharine Gaunt letter. which
carried 10 the committee, which manuscript you
now hold IN your hand.
The Judgc-fhe question also was whether these
leaves were part OF the statement?
Mr.. Evars -No; don't include that; whether
these were The very leaves that he LAID before the
committee. don't care what lney were INF A.
say have every reason TO believe these lew
leaves are part OF Mr.. Mavericks copy.
The Judge-They don't ask you that.
Mr. Evarts-Yes. VIII Your Honor hear his an
The Judge-rne question is whether those
leaves form part OF the statement-those very
80 t,r,r,r 70 yorr uon,r n,aosa ~ ror will
allow it, we Will have the answer as the stenog-
rapher mas taken 1t down. Now. Will you read
that answer as IL was heretofore taken down.
The stenographer rean the question.
O. Now these very leaves Which you hold In your
they went, OF tne statement that was put before
the committee A. Wen, sir, | have every rea-
son TO Deeve tnas they are nave e every reason
page Y0. were part OF ar. Mavericks copy oil the
sworn statement which lad III person before the
committee.
gne JgdRe--l don't think the inquiry material.
Mr.. Eyaris--lle has just said That he laid 1t
Inc Judec-auppose lie has just said that was
copy OF the statement when lie iald before them;
Mr. Evarts--l beg Your Honor's pardon; he says
"this IS AR. Mavericks copy which III person lald
before the committee"
Air. Tton--My handwriting Is there, aud | had
1t copied, and lad the clean copy before the
committee; the original copy Kept for mysen
THIS is me copy / laid be0re the committee; 1
Carried 20 the committee great pacNaee OF Mrs.
Ilton's letters ana Dr1posed 10 read them among
read them and Then Alr. Wlnsiow was appointed
to walt upon NE and make an examination OF
these letters at his leisure.
Mr.. Evaits (reading the part omitted) -"Never
before could | say THIS" Now, begin ii know
not.n is tRat IN?
Mr.. por,er-Taat sentence is not in the original.
Mr.. Evdrts (read;ng) -
know not YOU not able. ever will be, to
tlis t. (inderscorcdJ. still with what profound
thank iuincss thlt turned to this ountation
aud tina feet planted the rock OF this great
truth, you can't realize.
MIR. Porter-All that portion Is omitted In the
copy.
Mr. Evarts (reading) -
When you yea.n toward me with any true feeling be
oil The tried purified and restored Eliza
beth.
scHoHARIE, June 20, 1871.
Mr.. Beach--Those statements are not in evi.
dence: statements OF counsel are not evidence.
Mr.. Evarts-l read carefully as 1t was written
and ASK that the printed and written copies be
compared.
Mr.. Beach said the statements of counsel were