New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-07

part Of OF my learned adversaries, upon false
theory and an erroneous understanding OF tho faots
that the counsel on the part OF the plaintiff were no
entirely harmonious ana secordan n1ss nov t.
return tho regret so repeatedly stated anu leehngy
Mackey it was asserted by OF the counsel Tor the
defendant 1t competent at any time before t
10 S IN ' Sa@e 20 the knOwedss
to tho challenge That being So snH t Tyddd
Mr. H-fhat was before the examination Oh tue Iuror
Mr. Beach~Itlt be necessary can very readily pro
duo authorities to show that even after the examna
ton Of the juror Concluded, evidence may 10 no
Mr. H-I suppose the learned counsel refers to some
remarks addressed to the Court on the examination OIL
NJ Mackey So far as my recollection and TANK
my recollection Is correct about that eaimeu IL wa
discretion in the Court to hold the Issue open
Mr. Beach~f hope the gentleman will read the report
OF what he said when 1t comes out. $1,000. ~,
Judge Neilson-You may produce your evidence MI
Mr.. Egarts-IIas your Honor the statement that the
counsel for the plaintiff his challenge 10 MI
Robinson and tha We oG'tt ha ground stated that ne
matter has come to his knowledge. ,,
Mr.. Evarts-We take exception to the reopenlng OF
the question rs TO his competency.
TESTIMONY OF JAMES w. FINN.
James W. Finn was called by Mr.. Beach and sworn.
Mr. Hll-We think that Mr.. Robinson being the first
witness called upon tnls subject his attention has not
been called any expression Of opinion mado TO TINS
gentleman.
Mr. Morrs-He said that no had expressed no opinion
Mr. Hills it not proper that Mr.. Robinson should be
Judge Nolson-I don't think that the technical rule
strictly applies mere.
Mr. Beach-Do you reside in this city A: Yes BIZ.
Q How long nave you lived here a. Twenty years
q. Do yol know this gentleman, Mr.. LOUIS H. hOOlh-
O. You understand what this suit Is about between
| TllIon aud Beecnerl A. Yes, Sir. -
Q Have you kept with the publications that have
! APPEARED IN regard to itl A. Yes, Sir. -
q Do you know whether or not at any tlme Mr.,
Robinson has expressed an opinion In regard To tho
Mr. HilI-we now object on the ground that named
at the that the witness was swOrn-hat Mr. RODh
son ought DO first Intercepted on tlis subject.
Judge Neilson-I decline to apply that technical rule
Mr.. Eyarts--we except; -
time Mr. Robinson expressed any opinion ON the merits
of this controversy A: Yes, Sir he has ., -,
Q. When wasitl A. think II was IN tho month OF
q Where 4. At the Office of Mr. FraDcis Swift, real
O. Was there discussion there on tho subjecti A.
o. What was the character of that opinion expressed
| BY Mr. Robinsonl A. Mr. Robinson was very emphatic
expressing his opinion as TO the quit or innocence Oh
| either of the parties in this case.
O. Who were present II any onei A. Mr.. Francis
| Swift was present. Mr. Joseph Z. Elory and gentle
named Decker, aud my sel'' were present AZ tne
| time , 49,,
! q. How long nave you lived IN Brooklynt A. About
| 90 or Il years.
! O. How long have you known Mr.. Roblnsoni A. Per
| sonay about eight years; seven or eight years.
Q. Well acquainted with hlml A. Not intimately.
O.
ofsn | am not intimate with the gentleman at all
have cOnyersed with him he has been at nv house on
business matters the first time became personally &C
o. How long did this conversation occupy A. Prob
ablv h ,f an hour or threequarter4 OF an hour -
| @. Wnat the occasion that brought you all to-
getner there had you any business together A. No.
Sir stopped there on my way gong " my DuslhesS
!" o. what place was A. A real estate office.
q Have you had some business there A. stopped
| in tnere, as l often do particular business.
O. la reference real estate Was 1t Mr.. ROOinson's
~ o. whose office was iti A. Mr. Francis switps.
q. Was Mr. Robinson there when you came there A.
@. Aud did he go out before you ddi A. No, Sir.
q You left him therei A. Yes, Sir.
q. And you there half AN hour A. Yes. Sir.
O Did you do any business there Of any kind A.
O. Was the entire talk about this Ton-Beeeher sut'
A. think the subject OF conversation during the
O. So that there was no there who bad anything
to do except talk of this for half an hourf A. At
o. No exeiement in the real estate markets a. No,
% You say that he expressed opinion tho
merits Did all OF you express an opinion on the merits
| O. do not ask you that. 1 asked II each OF you
pressed Opinions on the merits OF this case A. fes
| mink they all did; don't know but that there was
nrobabIy one OF the company that did not have
any thing to say while was thsre. -, H..
| O. How many did the company consist OF A. Five l
"'l Aud three out of tho FIVE you think did A. Yes
@ Who the third Onci A. think Mr. Decker and
20 O. They could not both be thirdi A. Myself and Mr.
Robinson and Mr.; Decker and Mr. Ellory.
| q Did YOU EXPIRE IS an opinionf A. L think did.
q And did you part with the same differences of opln
ION thn, about what Mr. Ro0insons opinion was
| whether he had changed 1t all or not.
@ You had not changed yours ~ A. No. Sir; not diff
io o. You had not changed and the others had not
| hSnaedl A. Not that know OF.
gu" "a Way do you remember that this in septem-
beFl A. That is the nearest that date the crcum
stance shortly after the statement that appeared
| Of MI rton's in reply to the Committee:
| a What is called his last statement A. Yes, Sir;
cannot fix the exact date of.course.
jeci The subject OF ORIGINATED on that
ions did one that spoke express h5ed or definite
or TsI fShe RoS1sSG A. No. SIR
| O. why do you say 1t was on tue merts what do you
which Which lad been made and Of the case at Issue.
| % TT was concerning IT, But was It not opinion
coScernng character OF ono or the other of these
men Not an opnlon as to the truth fasity Of the
IL was in regard to the truth falsIty OF the
'V @ You mean you sure OF that A. Yes. Sir
| ~ When did you first hear OF being "a witness on thi,
| su6ecti A. Not until this afternoon.
Q Was it from any thing you naa sad or donef A.
| 10 an inquiry respecting challenge OF one OF the
jurymen that had been sworn and the conversation
which transpred upon that aud then was requested
| 10 be present. .,.,.., 49,, ,,-.
| ness here A. The counsel for the plaintiff.
| O. Without your informing anybody A. No. Sir; 1
statement happened to refer to tn re-, subject,
A. Yes Sir In going out aud nqnifng the cause of one
O You vent the counsel and made yonr statement
| A. III The corridor going out.
| o Are YOU Que OF the panel herei A. No. Sir
q Then you arc here witness in cOnseq Of
| the statement you have madel A. Yes, Sir.
| Mr. Morris-We have sent for otner witnesses, who
Judge Neiison-You hold this matter in suspense
| and we will examine other jurors
| MT Hiil-How much time shall they havei
| Judge Neilson-A short time. We Will probably get