New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-24
dee Yeilson-we will take the answer.

Mr. Porter-iexeep, to your lionor's ruling
The Witness over dozen means more than dozen
Judge Neilson--Ycs.
Nj Fuler;on-So sir. Sherman says
The Witness-I said than dozen times
Mr. sheGmrn-I thought the counsel ddno comment On the
Of the wncs Tl.s about the threh tine today
the counsel has Commented The Of the Wines
Mr.. Eeaci,-IIe has commented your remarks.
Mr. sheaman-I don't object to that can comment on his
do object his part the Of the wit
ness. which were never allowed ~aen We had the giant intel
locs tie stand Mr. TAlon and AR Moulton, and trust it
will not be allowed now.
Judge Neison-I don't know what allowed then; In
tend TO be uniform AMI consistent and tank reasonably
Very likely Wien witnesses upon the stand s. g. IL or
Il Gays, there may be deviation flOm the common course
Mr.. she-nanlour Honor viii remember thatwas done on
The fast DAY u Mrs. AouitonS cIoss-eXamnaion
Judge Ne.sonI think the witness said dozen tines
she may have Lad her mind dozen times not aud think
II IL simple thing for her say what RE has In her mind
The Winess-I have in my mind three dozen ines-nore
than dozen tines that he had Der lockedup.
Judge Neilson-When You said il was more than dozen
time had you your mind that il three dozen times
NJ Por,er-I obcc; 70 that question: Is waess to be sub
jeced 70 that KIM OF criticism, whether waen she said one
thing she anoherf Has the witness shown slch Lack
Of ntcg that her be understood by the
Court the ufyf When wncss states thing and Is
asked whether she has in her mind another is II not EVIL
IDENTITY anccnding the niles Of the legal examnaonsf Is
that nqurng Of her Of fact admit she cannot fence with
ue counsel IN The II because hlr -
at disadvantage IN comparison with him that insist upon II
that the trial shall not be converted into fencing match
Mr.. Fueron-Let It be fencing match, when my two
friends the other side seconds to TO her aid every
moment she is now alone
Judge Neson don't that there is any contradiction
The witness said at frt dozen tines" II might be
quite consistent H. when che answered. she had 10
her mind three dozen times don't know whether she had II
not don't regard it contradictory. think this wit
ought to be cEOssexamned entirely the counsel In
HE professional judgment feels called upon 70 examine her
and think the practice heretofore has been very liberal Que|
tons have been pat Ike this continually day by day to GER
tain witnesses don think there is any particular pressure
apon this Counsel may differ TO the extent 10 which
they should her recollection. think she may answer THIS
question.
Mr., Portcr-we except
Mr. Fullerton TO TIE witnesslNov answer.
The Wincss-WActher It dozen uHles OF three
dozen tines
Judge Nelson ITO the wtnessl-Ths is IT, When yon
occasions OF locking that
il dozen umes the question amply is whether you
then meant had u mind Dozen Can you tell no" 1t
IS A could not say whether IL was three dozen, or Tour
dozen, or Ave dozen, but il vas over a dozen.
O. Il is not o. To- nlmber You said before was
dozen times sad yon say thee Dozen The qaes
zion ia whether when you said dozen you meant was
lhree dozen \. Yes S.r, think meant it Was over
dozen.
O. Yes Jon said hat Then you had in your mind that It
was three 4 think hid in my mind thai it was
good many dozen, bit sal it was over dozen.
M Faloron II yoI h4I it N yolr NJ nd good many
dozen why didn't ol state that IN answer to the question
put 10 your
Mr. Porcr-I obi-c. &c The question. No question was put
10 her calling FOR that.
Judge ~ son-i Jink she answered it was over dozen
That caves YOU at liberty 10 ask
Mr. Fulcrton-When you asked the question why
didn't you tx iAe larger number in your mindl
MI Porer-Obectel. l. is repetition Of the sans qucs
ton in another form.
M Fulerton-Wicl has not been answered
Mr. r.rsf submit Las, and the Court has just said 1t
has been answered.
Judge Ncison-t don't conceive +; to be admissible
Nj Dc.crAe question wle,Aer have arlnt 10 cross
examine the witness
Judge Nelson think you have right TO crossexan the
wltAess TAe witness Gu.y 10 attend patiently TO ~ bat
every question ought not ~ be objected 10 M counsel
AVE right u eboc questions II they Zee, called upon 10
do 70. TAc nina0a was pretty thorough II regard
% other Witnesses This Is = small ua.Ger.
Mr. Fulcr.on-Shll she the question:
Judge NDson-Ies, Sir
MI Porcr-I except
The Ntness-l thought saying dozen times would d.
as well as o. ins over three tour dozen.
O. When you made use Of le term over dozen times
and had n yol mind dozen tines more, why udnt
yoa mention he argeF number Of ti!nes'
Mr. Tracy object The question IL whether she
aai il IN ncr II it three dJzen The witness has
not stated she had in her mind three dOzeI times.
times would 10 well saying over tree or four dozen.
MI rucy-Tlc probability Is answered
1 wa, over DOZEN times 4l her mind tie precise
number Of tines
Judge Nei-onoT easy would be for the witness say
what she lad III IA r mind
Nj Tlacy-TAe witness canno, fence with the counsel
Jude Nesonlt X NOT question Of fencing That obscr
improper Counsel risAt 10 crosse2anine tAs
witness
AZ Tracy-Ccrialy he has, and - has been enjoying it,
Judge Nelson nd every email simple question
d subject Of Argument
Nj Tracy-Tne counsel has right to say this witness had
her mind three dozen times.
Judge NcsOHNo; as&ed her If she had that IA her mind
ana didn't that mad.
Nj Trcy-rn. .Ac ground Of my objection to the
sells question.
Mr. Morrs-she certainly did answer that question pro-
pounded by the Court.
Mr. FuleOnl mink rccoLect the Court putting the ques-
ton, and she answering it.
Mr. Morris-She did answer the question.
Judge Nelson-rrJ the witness tank asked you when
you answered before dozen times whether IN
making that you ha1 in mld not, the fact na 1t
WAS three dozen you thought VI That al the time
Did you, or not'
The Witness don't know that did particularly that twas
three or four dozen but dozen, and saying
dozenoyes dozen times thought thai would DE all thai 40
necessary.
Mr. Msrris-rTo THE,TnrBUSE sienosraphel Read
swer Of the witness to that question.
THR TRIBUNE Stenographer readng: 81 thought saying
o, or dozen umes wound well saying over tIee VI
four dozen"
Mr. Beach-In Answering what your Honor asked her she
said she saying dozen times would do a. vel as
saying three or four Dozen
Mr Morris-That is what she stated knew she did.
Judge Neson-Dd it then 10 you that /. was three
dozen times didn't you think Of that At all or think OF any
thing more simply dozcni A. didn't think OF any
thing more than said 1t dozen times
OTHER CASES OF LOCKING UP.
Yrdra Ne;lson-lTo Mr. Fullerton That an