New-York tribune., 1875-01-19

inruson into which he not party The evi'
dence is competent and should bs admitted"
Your Honor win aso observe that this not conversa
ton between third parties 1t appeal addressed directly
10 this defendant hmseB IL in relation TO nyesa
ton OF oene charged against him. in which the truth OF that
accusation be investigated by Committee selected by
hmse Therefore proper for him to speak, the occasion
demanded utence upon his part he knew that this statement
be presented that Committee and he knew what de
gree and that statement would Affect that m
ysstigation. The Court proceed to say:
ANY declaration OF the ndy dua In response 10 statement
20 made would be adm sbe in evidence and an omission 70
make an answer 70 II, notice II IKE other ses
| Of the party, to be interpreted, and such effect
as Of ss @ the gs s
ton shall think entitled The implication Of assent to
omission to oonoyer qualify explain it, arises from the
fact that person knowing the truth fasty Of state
enee, will, naturally under % y ercu%sanecs casl % ' calling
os & rePy deny deny he be 30 At liberty 70 do 20 u he 90 %
the declarations OF the accused evidence they made
while he u under arrest and his admission either expressed
implied Of the truth Of statement made by others under the
same circumstance is equally admss6e Ills conduct & and
evidence against him. and their cogeney evidence will be de-
tennined by the Jury"
Now Sir do not think that argument illustrate the a
plcauon Of that principle to this case.
Judge Neson-I still think that In this instance II under
stood that the witness make statement to the Com
mee. II appears his statement had been prepared
had been submitted to Mr. Tlton II was In friendly
spirit doubt submitted Mr. Beecher and he had in view
the fact that Mr.. Mouton making satement-and, OF
course statement from his standpoint Of yiew think the
much instance would be where witness
hes testhes adversely you and yet admit that differ
ing from your vew honorable in him to testify he did
The paper did not CALL 1t seems TO mo- for contradiction on
the part Of this defendant and still think must rule out,
Sir Take exception
Mr.. Beaeh-We except o Mr. Fullerton) We want It to
appear upOn the record that all That does pnt upon
the record
Mr. Fulerton-I want offer parts Of this Sir II the whole
Is not admitted
Judge NeilsU-wel, You frame the offer in sueh form
hereafter az need be.
Mr.. Beach-No, Sir; want Il on the record.
Judge Neilson-Frame It in your own way.
Mr.. Fullerton-Then offer this part In evidence.
hr Eyars- they offer any parts in evidence, they
should be marked and handed to the Court for the Court
upon Your Honor has held that the paper itself shall not be
offered 10 the jury SIX that they be handed up your
Honor.
Judge Neilson-He has right say he offers to prove
clause after another
Mr. EyarsYes but the point is this your Honor please:
he proposes TO your Honor that certain parts Of written
paper notwithstanding The paper itself is not admissible
(Which your Honor has ruled admissible Now, how he
poets TO make that Judgement and distinction don't know.
judge Neilson-Wen, the counsel mark the parts.
Mr.. Eyarts-Yes Sir and hand it TO your Honor
Mr.. BeachThat does not bring II upon the record do
not much difficulty in supposing that a whole
instrument may not be admissible; as a whole,
there may be mmatea matter in which would be suf
hcien TO exclude 1t when offered whole and yet there may
be parts Of it, statements Of fact which say admitted
by Mr. Bceche that occasion, which may be admissible.
Judge NeisonYour rights ought to be saved in respect 10 IT,
Of courre; any form that will do that.
Mr.. Fullerton-Then offer in evidence
Mr.. Eyars-We object