New-York tribune., 1875-02-12
Ir. Fuilerton-same thing over again.

Mr.. Fuflerton-same thing again.
Mr. Eyas-Are you Anding fault with me or the witnes'
Mr. Puerton-I am finding fault with the mode Of eIamins
ton.
Mr. Eva-I asked him the question over AGAIN
Mr. Fuerton-No bat you have asked him II ne means 10
state and now he has said the thing over again.
Mr. Eyarts-Hs has said exactly the same thing
Judge Nelson-Wel, you seem TO agree, gentlemen go
Mr. Fulerton-mpaenee the repetition OF the same thing
over and over again which had all day yeStefday-
Mr.. Eyarts-Yes.
Judge Neison-we try the counsel, you Know We
have got enough TO do without that
Mr. Pulerton-T don't try him; only wanted 10
rgge your Honor that there great deal OF tne os' "
the repetition Of answers and questions.
Judge Neison-Well that oaght not 70 be, of course
Mr. Eyarts-wel we will go ITO the Wltnessl When
you made the gesture expressed the purpose OF readiness 70
gn prevented your execution OF that purposei
Why Sir because man gesture he does not 90 and
perform the act
Q, asked you what it was that prevented you'll Pre-
vented whati
Judge Neison-That Is implied plainly enough; he says
Bowen will do and so" Mr. Bowen had not then signed
Mr. Eyarts-Does your mold that my question Is lie
gall
Judge NeonI merely suggest that does not seem to be
necessary. The that II Bowen win sign that
will sign it dozen twenty imes" Well he had not signed
it.
lowable not allowable.
Judge Nelson-I make the suggestion.
Mr. Morris-Wel, object The question assumes fact
that has yet been proven and ask that the enogaphe
read the question The witness has not pretended that ne al
tempted occasion sn that paper The counsel as
sumed that he had.
Mr. Evarts-We wont discuss the past.
Judge Neilson-Whst IL the question:
Mr. Beach-Wen that proper suggestion We wont dis
the past
Mr. Mors-T ask that the question he read say Is an
improper question: assuming fact that has not oeen
proved.
Mr. Evarts-Tat is very proper that the question be read
Mr. Beach-The point is question that there
was present purpose at the Of gesture the part OF
witness sign Immediately the paper No sueh thng
appears.
Judge Nelson-WeT, I suggested to the counsel that the
whole thing pobemasca depending on the action Of M
Bowen. Mr. Bowen had not yet acted, however 20 on
Mr. Evarts- am endeavorng get the as it occurred
have no knowledge concerning that shall venture to In
erpose place OF that Of the witness must get II from MN
Judge Neson-Athough it appears that Bowen had not
signed and the statement is ii he will sign"
Mr Eyarts-We int this little discussing the effect OF
the evidence rather than the
Mr. BeachNo il is the character or the question mat II
assumes something that is false impression
Judge Neson-Read that question. All this trouble arises
from my departing my usual IN making sugges-
ton perhaps. Iwll not 90 so again.
Queson read when you made the gesture OF eAeSSeu
the purpose Of readiness sign what prevented your execn
ton of that purpose y
Mr. each-we object the question the ground that
it assumes that the witness expressed purpose Of road
to sign.
Mr. Eyarts-We have had that over and over again
Mr. Beach-No we haven't
Mr. Eyarts-That something other prevented It.
Judge Ne-on-I don't think you have got the correct con
ception OF the evidence allow to say AZ given When
Bowen had yet signed the witness says II Mr. Bowen
will sign-io all tha;-T will do and 40" IL - hardly
proper to understand declaration OF readiness and
willingness then and there the part OF the witness to sign
Eyars-I don't propose to discuss the weight Win the
Jury Of this or that exhibit Of an occurrence.
Judge Neison-WeI you entitled 70 all that took place
there.
Mr. Eyarts-Yow ny question is suppose proper one
(Question again read.
Judge NeisonNow disaow that unless you leave out the
word purpose" He did express purpose TO sign It then
and there he had expressed vii ngncss Strike out inc
word purpose, and vii. allow the question.