New-York tribune., 1875-05-13
THE PROCEEDINGS VERBA TIN.
MRS. WOODRUFF APPEARS WITH SOME


The Court met at II a. m., pursuant to ad-
iournment Shortly after the opening of court, Mr..
Evarts addressed the Judge as follows;
II your Honor please, am expecting some papers in
court in regard to which may have to ask Mr. Tilton
| question or two.
Judge NeisOn-Ycs: yOu may do so when they arrive
Mr. Evarts-We would prefer not to have another wit
ness put the stand 1 expect TO bring them into
court in moment.
After the lapse n several minutes, Mrs. Victoria C.
| Woodruff appeared in court.
Mr.. shearrnan-f your Honor please we have sub
penaed Mrs Victoria Woodruff to produce certain let
for the purpose Of crOssexaminaton Of the plaintiff
in this case Mrs. Woodruff s in attendance but declines
to produce any letters without being instructed by the
Court that it is her duty to do so.
MT FullertOnWe the Court viii not so instruct her
Of course because it is not her duty TO pro-
duce them.
Judge Neilson-No; you may recall Nj Tilton after
ward, If you wish.
Mr. Evarts-Wel understand. II your Honor please
that is the right of the party under the process of st
p9na d,ces bring letters into court and that
it no part OF that process that the witness having
session Of the letters should be a witness.
Judge NeilsOn-No; you have the letters without ;
but yet do not feel like giving any direction 10 her
Mr Evarts-And that the right Of the party s that
witness, may be supposed in many cases. having no
other feeling in the matter except that it
should not be voluntary production OF the papers
should have the direction of the Court TO produce them
Now our subpoena is understand to produce certain
letters Our subpenaLtO Mr.. Shearmanl-ba you the
subpenai
Judge Neilson-The party who has subpenaed witness
duecs c ought to get the papers the witness bring
them into court. whether the witness IL sworn or not
But under all circumstances do not feel like giving
that direction.
Mr. F.lIerton-I don't think that is the rule, If your
Honor please
Judge NeilsOn-Whati
Mr. Fuerton-I think that s the rule with all due
respect.
Judge Neilson-A rule that we have applied In this
court very frequently
Mr. Fulerton-Well, Sir have never seen it applied
myself think the practice generally has been and so
far experience universally 10 put the witness
upon the stand and have the papers produced under
oath: and think that is the only way that your Honor
gets the power TO compel the production OF the papers
Judge Nei!son-The witness is not compelled TO pro-
duce the papers,
Mr Fullerton-No, Sir; il they want the papers they
must produce witness and put her the stand and
have her sworn, and have them produced under OATH
Judge Neson-We could not give any direction 70
| the witness about 1t at present
| Mr.. Evarts-Wel, understand the law, your
Honor please your Honor has stated it, that IL
necessary that other than the subp9nd
duces tecm should be applied for and the Of
papers does make person witness in the cause.
Then the question is whether the subpoena is proper
ercise OF the authority OF the Court-whether 1t a
prorer exercise the process Of the Court that is
whether the papers soucht for are properly papers
which can come in evidence. Now the subpoena Is.
| [Readinc.
All correspondence between Theodore Tilton and
y'tIng TO any matter Of difference between Til
| ton and the SAID Beecher.
Judge Neison-Wel the subpoena compeis the witness
to attend and bring the papers
| MI Evarts-Yes, sir
Judge Neilson-That is authority which the Court ex
ercises III reference TO the subpoena.
MI Fulerton-she is subpenaed here a witness
Judge Neilson-Oh, NO.
Mr. Fulerton-Not express mandate readingl.
W.. command Won that all business and excuses being
laid aside YOU appear attend before the City Court
TESTIFY and give evidence IN certain action now
peudng and undetermined III the sad Oour1 oe1~eeh
the parties.
Naming them.
She is subpcnaed to appear witness. and q wit
ness suppose she Is here.
| Judge Neison-I cannot give any direction about It,
| gentlemen.
Mr.. Eyarts-Now, If your Honor please, my friend is
quite right In saying that in the form OF subpoena
duees teeun But this Is q common law process by which
the papers brought into court and the rule B fam
lar as think-I suppose Honor has had occasion
often TO practice IT, from your intimaton II would sp-
pear that you had Taylor on Evidence says at Section
| 1885:
sbpna dces eeuu. merely for the purpose of produc-
ing document which either requires no proof OF is TO
De identified by another witness he need not be sworn
and il uDsworn he cannot be crossexamned So the
| witness be sworn under mistake
Though that is not important In the case Of Perry
agt Gibson. 1st Of Adolphus Ellis, before the Kings
| Bench, lreadngl
On the trial OF this before Anderson Judge at the last
Of Cumberland. person was called upon under
sibp9nd fccm ~ produce book belonging 20 GER
tain trustees appointed under act Of Parliament, which
In his custody AZ their clerk and produced the book
but plaintiffs counsel by whom he called, having no
other question put him. being prepared with other
evidence identify the hook did not propose TO have
him sworn Counsel for defendant insisted that this
shOud DONE In order that they might have oppOr
tunity ~ cr0ss< xamne The learned Judge refused 20
have the party and an application was made for
new trial on the ground Of this being error III law
Lord DenmAa. Chief Justice, says: