New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-20

once In this case that the existence Of indictment don't tend
60 impair q witness. q. '... aa "a - W. - -
Mr. kysrts-i have not said that
Judge Neson-i am ayngi IL.
Mr BysrtsI don't ofsr In that connection OF !" s'0 ~
relation TO IT,
Judge Nelon-r think It Ia mmateriaI
Mr. Rrarts-But II Is he lie made party defendant 70 mo
case in the Same do OF the controversy uhoe ne now a
pears witness for the plaintiff h~c'
Judge Noson-So made by some other person. I" party
Mr. Rysrts-wel no matter; he Is in that condition
Judge Nojson-Yes Sir
Mr. Ey.r,s-of prosecution, II you please. deaf know
whether II Is prosecution. or how.
judge NoiLsonI don't know.
Mr. Evarts-N RI don't suppose we d. but that no hoas
that position regard to those suits forced against him. justly
unustly
Judg. Neiison-In regard 10 other parties.
Mr. Evsrts-Justly or uajusty. He Is indicted Tor ho@
against Mr. Bcechcr In this very statement
Judge Neison-Ihst would not be admissible "se'
MFR Eyarts-Your Honor will 80 ruie, oil oouSe.
Judge Neison-Yos Sk
Mr. Kyar,sBu, wsh to bring your Honors notice the
asnect Of The matter in which is presented Now anything
that goes to show tho luminosity or the rpuenance or oppo
ton between witness and the party against whom he test
flying Is primary evidence TO show that no not disin
tcrestcd aud impartial witness, but MN
Q n an active party in a controversy and now we oher
this ua,ness position in all these suits evidence that he Is
not an impartial wtuess but is party to the controversy
Judge Ndson-I am ruling the assumption that some
third person named has had has some, litigation with
the Witness which Chat third person Ia the mover and
this witness here may the position of defendant and
resisting so and Immediately connected with this there
Indictment upon the complaint OF this defendant against
the witness respect this matter In all OF which the
witness stands would SEEM upon the defensive Is not an
actor does appear be aggressive even on your own
statement
Mr. Byars-Bu Is not indicative OF feeling against him that
he had been pursued by Mr.. Beecher'
no
testimony.
MIR Rya-Does your say that to show that the party
against whom he is esfying here has pursued him. not evil
denco that ne does not stand impsrtils
Judge Neson-We already record that this witness
Ia hostile 10 the defendant
Mr. Eyars-How have we that
Judge Neilson-Avowed by himself yesterday That fact
sufficiently appears There be no suggestion Of friend
| illness.
Mr. Bysrs-Hsyc we 1t down on the eridenoe
Judge Neilson-Certainly
Mr. Ryars-That he has said he is hostile witnes'
Judge Neson-Noi that way that their friendly relations
ceased.
Mr. Ryarts-Thst friendly relations ceased That Is not an
syowa that he is hostie-btery hostile to the defendant
Judge Neilson-Would your Indictment put Ia evidence
make him appear hostile'
| Mr. Evarts-That the Jury viii be the judge o.
Judge NelsonI think you must be content with an eKeep
| ception.
Mr. Evas-But you say you exclude it on one ground that
it the subject Of transactions with third persons
Judge Nelson-In part
Mr. Ryss-On the part that has not interest with persons
| How Is It third pcrsons'
Judge NesonI understood from your statement that
third person had brought suit against this witness and that he
| has been indicted complaint OF the defendant
Mr. Eyarts-Yes Sir.
Judge Ncson-An indictment not yet tried.
Mr. Eyars-I offer the indictment proving its truth
offer it prosecution against him upon the complaint OF Mr.
that moth
| question whether the witness stands impartial here.
Judge Neilson- Is clear that II claims an immense
estate against B. and pursue the principal witness and
ndct him in many indictments that he don't ruin the witness
whose testimony may be brought in support Of the case against
him
Mr. Eyarts-I have not offered it in that light.
Judge Neilson-I rule it out in each light.
Mr. Eyars-I offer affecting the snmus OF the witness
and certainly these things quite eKtngui5hsbe IL your
Honor please.
Judge Neilson very clear about this have not any
doubt about it, don't wish any general argument on it.
Mr. EvarsI don't wish to argue any further bat wish to
take your Honor's ruling
Judge Neilson-Cerainly.
offer prove by this witness the position in
which regard both to the public executions and the
civil that have grown out since this controversy between
Mr. Tion and Mr., Beecher arose.
Judge NeisoR-0ther than this suit
Mr. EyartsOhe than this sut II is not necessary to par
tclarze. Your Honor rules out the whole !
Judge Neson-A. Yes Sir.
Mr. Eyarts-We except.
Mr. Morris-We have found the letter OF authorization.
Mr.. Eyarts-Now your Honor has ruled upon the whole
offer each Of the matters separately.
Judge NesOn-Let it be so framed
Mr. Eyarts-It Il so understood. except
Judge Neison-Certanly. ITO the JuFy.l Gentlemen you
will please retire your dinner and be in yoar seats
o'clock.
Mr. MsllsonlThe Clerk The Court will take
until two O'Clock.