New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-21
ILLEGAL DISCUSSION.

A LEGAL DISCUSSION.
Mr.. Shearman-One moment. object 10 that
unless the paper IL shown to the witness.
Mr.. Fullerton-whst paperi
Mr. shearnan-I ask II 1t Is In writing object TO the
witness proceeding. II are TO have the question up
this "a "a good time any. asked you TO M Fuller
toni question politely.
Mr. Beach-YOu won't get an answer
Mr. shearman-I insist upon an answer.
Mr.. MOrris-Insst.
Mr. shesrman-we may a. well have tho right OF
counse TO interrupt settled This question has been de-
cded once before say that It ia rule OF law that has
been settled 80 years. and want to have Observed
and when last cited authority on that point new
comb agt Griswold "a N " was told by the learned
gentlemen It had been overrpled by the Court OF Ap
peals SO far from that being 0verrued 1t was con-
nrmed.
Judge Neison-You mean the rule in the Queen case,
in the second Of Brod. and Bing
Mr.. shearman-Yes, Sir
Judge Neilson-I don't think that can be
Mr. shearman-n my friend persists in his question,
insist that my questOn shall be answered. whether that
statement In writing or not
Judge Neilson-YOu have right TO put that question
prelimnarily.
Mr.. sbearman-I have right to put that question to
the counsel and to have answered. and II they say II
Ia not in writing they have right aerward " produce
y
Mr.. Fuerton-wel, cannot reply to that because II
Ia TO question before the Courtentirey
So have asked the witness whether he ever said such
thing
Mr. object to that question unless counsel
means to say whether 1t is oral or In writing.
Judge Neilson-I think the question imports an oral
statement to ask man II he said thing
Mr. Shearman-That Is the very point say was raised
in the question The question put to the witness by
Mr. Brougham since Lord Brougham, whether he had
ever said such and such thing Counsel on the other
side interviewed and demanded that 1t should be first
stated whether that In writing or ora ana the cOh
sci for the prosecution I'm that declined to answer
that question: and upon that very point the judges
Of England were consulted and it was held the counsel
must whether they meant TO aege that was an
oral statement or o verbal statement.
Judge Ncilson-And II they do not. the counsel who
has raised the question has the right prelmnary 10
ask the witness.
Mr.. ShearmanYos but after that the counsel on the
other side cannot take advantage Of that ana produce
written statement they must stand by that. That is the
point.
Judge Nelson ITO Mr. FullcrtOnlIs this In writing or
is 1t Orali
Mr.. Fuierton-I ask him il he ever said thing.
Mr. shearnan-I ask the question be put whether 1t ia
In writing or oral
Judge NeilsOn-Ask him whether he ever sdid IT, mae
pendent OF tho writing.
Mr. Fuerton-Dd yOu over say to any person, In sub
stance that you had lost confidence In Francis d. Moui
ton because ho didn't suggest plan to get out OF The
difficulty created by the publication Of the Bacon letter
A. do not think did, Sir.
Mr.. Eyarts-We understand the question to be asked
under your Uonors direction If It was statement IN
writing 1t must be so stated.
Judge NeilsOn-Yes.
Mr.. Shearman-We shall object.
Mr.. Fullerton-I am going to the writing.
Judge NeilsOn-I think this has reference TO con
vcrsatOn.
Mr.. Fullerton Certainly
MIR. Fullerton-In addition 20 that didn't you write
that in substance mt one timof
Mr.. Sherman ito the witnessl-You will not answer
until the Court says you may.
Judge Nelson TO theWitncss II think you may answer
the question.
Mr.. FuerlOn-I will put another question:
O. Did you ever entertain that sentiment, that be-
left A. Inever did. Sir.
O. See II that rcfreshcs your recollecti0ni Handing
witness paper A. think it likely that is mine; pre-
sumo II is.
@. Iasl you II you reeo'lcct that statement
Mr. Beach to the witness Does that refresh your
recollection A. never entertained any such opinion
still affirm what said.
Mr. Beach ito Mr.. Fullerton Did he In August 1874,
entertain any such sentiments
Mr. FuIerton-Did you in August 1874, entertain the
belief or the idcai A. What deaf