New-York tribune., 1875-05-13

Judge NesOn-0O on them
Mr.. Morris-wo don't understand the clause.
GETTING TESTIMONY UNDER DIFFICULTIES
Mr.. Shearman-I read the clause in which
Mr. Martin says saw Miss Turner at Mrs. Ovngtons
about halfpast two o'clock in the afternoon That Mrs
Ovington contradicts Now. this is question OF memory
as to time. propose to show how Mrs OvingOn has
accurate memory as to this time.
Judge Neilson-That is not necessary now-the indie
pendent fact.
nesses-
Mr.. Evarts-It is to be assumed unless 1t Is contra
dcted by their crossox animation.
Judge Neilson-What else did Mr.. Martin sayl
BY Mr. Shear1nan-Mrs OvingtOn, you positive
that at halfpas o'clock in the afternoon Miss Turner
with you and your husband and that Gen. Tracy
and Mr. Martin were neither Of them theroi A. can
swear truthfuly.
O. Now, at what time did Gen. Tracy leave that after
noonf
Mr.. Fulerton-That Is gone into, Sir
Mr.. Shearman-NOt except by asking Gen. Tracy who
was unable to state the time. crOss-cxanination
Mr.. Fullerton-No Sir, tho question has all been
hausted.
Judge Nelson-One moment Mr.. Sbearman you must
conne yourself to such clauses in Mr. Martins evidence
as you can read to the witness and take her answers
Mr. Shearman-very good. Mr.. Martin testifes that
Gen Tracy went away, he could tell. about
O'Clock in the afternoon; is that truei
Mr. Morris-One moment.
Mr. shearman-we were told to ask that question.
Mr. Morris-Exacty; and that evidence of Mr. Martin
in strict reply to their evidence This Is not sur
rebu. Our evidence upon that point was in reply to
the evidence that they had offered that Is all Now, II
they can contradict that by this witness. can put
another witness the stand and when viii that topic
cnd-when will that fact be ended
Mr. Beach-Mr. Tracy testified exactly when he went
there and when he went away.
Mr.. Shcarman-Gen. Tracy did not fix tho time
Mr. Beach-Yes, he did fix the time
Judge NesOn-I think you correct Mr. Martin upon
any specific statement he has made.
The Wtness-If your Honor remembers Mr. Martins
name not mentioned in my former testimony
Judge NcilsOn-No
The Witness Had it been would have told you then.
Judge NesOn-Yes
Mr. Bcacl-Your Honor, Mr.. Tracy called as to the
time when he was at Mrs. Ovingtons when no went
there and when he left when he had the conversation
with Bessie Turner and how long that conversation was
To contradict Mr. Tracy put on the stand Mr. Martin
Now you permit them to contradict Mr. Martini
Judge Neilson-Yes.
Mr.. Bcach-And then you will permit us, suppose, to
give further evidence To sustain Mr. Martin, and when
will we get through
Judge Neilson-I think we will get through about A
O'Clock this afternoon. Laughter.l
Mr.. Beach, don't think will, Sir. if you permit
that line of examination.
Mr. shearman-Your Honor. would we have been al
lowed have brought 800 witnesses in succession to
confirm the statement of Mr. Tracy to the hour when
he went therea
Judge Nclson-I think you can contradict any state
men that Mr. Martin has made, and you will proceed TO
do so. Read the clause.
BY Mr. Shcarman-lIr. Martin says Gen. Tracy went
away as he could TELL about . o'claok in the
afternoon Now. Mrs Ovngton, what time in the after
noon did Gen Tracy 90 awayi
Judge Neson-No, that is asking Independent fact.
Read the statement Of Mr. Martin and ask her If that
not.
By Mr.. shcarman-Mr. Martin testihes that Gen Tracy
went away about o'clock in the afternoon. Is that
truea A. 1t is false.
O. Mr.. Martin tcstifcs that Mrs. Ton and he were on
the back piazza of your house for at least two hours on
that afternoon. Is that true A. 1t is falset is Mr.
Fullerton.
Mr. Fullerton-Well. repeat it again. Mira OvinGton
YOU think it becomes lady to do it. You need not a
proach and address in that kind OF style. II you for
get you are a lady, Others may forget 1t also.
The Witness-Excuse mo.
Mr. Funerton-I will excuse you
BY Mr.. shearman-Mr. Martin tesfes that after Gen.
Tracy left there was conversation between Miss Turner
and some other persons not named concerning the sub
jcct of her testimony before the COmmec is that true
A. II is false
O. Mr. Martin tcstifcs that the subject OF Miss Turner's
testimony before the Committee formed the principal
topic Of conversation. after Gen. Tracy left, with Miss
Turner and Mrs. Ovington Is that ruei A. 1t is not
true.
O. Mr. Martin again teses that he can safely say that
after Tracy left there other topic discussed
during that afternoon or talked about was that
tue-no other topic than the subject Of Miss Turner'S
testimony before the Committee discussed or talked
.,f.
kind the time short, only at the tea-table
G. is it that the topic of her testimony before
the Committee the only topic Of conversation dis
cusson during that afternoon after Gen. Tracy leff
A. Ii is not true. There discussion Of any kind;
very little said any subject at the teatabe.
O. Was anything said the subject OF her testimony
before the Committee after Cen Tracy left A. Not
word. Directly Gen Tracy left the house went from
the teatable, and she went to the Committee directly
after tea. There opportunity for conversation.
Mr. Beach-That is all irregular and nadmissible,
der your HOnor's ruling
MI Shearman-It is a statement OF fact.
Mr. Beach-No 1t is not statement OF fact.
BY Mr.. Shearman-Mr Martin is asked whether he
knew, matter Of fact, that your piazza specially
hot about O'clock and that it only about o'clock
that that piazza cooler than any other part OF the
house. and he that he does not remember ask
you the fact about your piazza in the afternoon
Judge Neilson-That does not contradict Mr. Martin,
and we cannot take that.
Mr.. Eyarts-Why
Judge Neilson-This witness cannot speak OF that
piazza it's condition in regard to heat which witness
has testified about all 1t opens up the whole subject
Mr. Evarts-Mr Martin is testifyng. He was the first
witness that said anything about it and, II remember
right he says that Mrs. Tlton and he were stairs
Judge I;eilson-And he went down stairs 1t was on
Mr.. Shea-man's examination.
Mr. Eyarts-Mr Martins examination q witness
Judge Neson-Mr. Shearman's examination OF Mr..
Martin.
Mr. Evarts-we have a right TO crossexamine the wit
ness, 10 contradict him.
Judge Neilson-YOu cannot contradict man IL that