New-York tribune., 1875-05-12
A HINT THAT DIR. STORRS WILL BE CALLED.
BY MI MOrris-Nr. TiltOn. at the interview at

BY Mr.. Morris-Nr Titon. at the interview at
Mr.. Moultons study Sunday evening, when Mr. Wood
ruff and Mr.. Tracy and Mr.. Mouon and yourself were
prosont the early part of November, did you have
what has been called the " True Story" therof A. No,
sir the "True Story" was rDt yet written.
O. Nor any part Off A. No. Sir no part Of 1t; nor
had the idea OF il been conceive
O. WIN you state about when that was written,
o. you can recollecti A. 1t written about the mid
OF December roughly and completed from that time
onward toward Christmas Day.
O. That is, you commenced about the middle Of Decem
bert A. YES Sir Just about the middle Of December;
do not give that trusting to my memory, but
have procured the dates.
MI Evarts-Wen, s;r, that is not proper
Mr.. Beach-What is iti
Nr. Evarts-He has right to state
Mr. Beach, insist that he has "a right.
Mr. Eyarts-Not in to this question. He is
asked and he has right to give tho of
his information.
Mr. Morris ito the witnessl-Give the data.
Judge Nelson ito the wtnessI &c on, Sir.
Mr.. Evarts-I object.
The witness-May answer sirf
Judge Neilson-Yes.
The winess-I have procured the dates from the diary
OF tho
Mr. Evarts-l object to that his procuring dates
Judge NcilsOn-From "a diary.
The Witness-Mr. Evarts objects. and understand
your Honor to command me 10 proceed
Judge Eeilson-Go on.
The Witness-I have prOcured--
Mr. Evarts-I object. The witness state fact
within his recollection but he is not allowed to state his
sources of information.
Judge Nelson Oh yes he state any other wit
ness could that it certain day when certain
event occurred, as he finds in the diary.
Mr.. Evarts-lie can, in answer to proper question
drawing out fact but tins witness in TO this
question, certainly has not right 10 what mforma
tion he has picked up here aud there.
Judge Neilson-There is good deal OF license allowed
In regard TO the question Ot dates because dates the
most difficult things to Cmember.
Mr. Evars-We Sir, INT we are entitled TO the rules
OF evidence that nay not be made the recollection of
somebody else other than the witness who is under
oat
Judge Nelson ito the WItnessl-YOuc cannot take the
information from anyDody else. The question of the
counsel s whether You have verified the dates by refer
enoe 70 any entries Of your
Mr Evarts The witness is called upon for primary ev
dencc now. He gives 1t. II is for to reduce IL by
crossexsminaton If sec 1T but 1t is not for the wit
corroboratc his testimony by stating what other
persons say.
Mr. Bcach-Nobody ba asked that.
Mr. Eyarts-Or what newspapers lie has looked into.
Mr. Beach-NobOdy has asked any such thing
Judge NcilsOn-He might look al a diary If he kept
one. precisely as he might look at memorandum here
If be had It,
Mr. Evarts-I ne kept his diary then he would
meet mo IL undertook reduce his testimony on cross
examination; but where the witness speaks Of a fact
that is his testimony and when undertake to reduce it
he may corroborae it by to the of his
Information, but not before.
Mr. Morris-I understand your Honor to cay that the
witness may answer the question.
Judge NeilSon-There ia substantial importance,
think in the question ITO the witness. Mha: Was it
you say you referred tot
Tho witness-I referred to the diary Of tho Rev. DR..
storrs, al whose.
V,,Av
Mr. Evarts-why not, your IIonorf
Judge Neilson-Because IL Is the diary OF another
party. --
Mr. Beach-Bow does your Honor know but we will
produce Dr. Sos prove that the diary was accuratef
Judge Neilson-Ah, In that point Of view
Mr.. Beach-Yes, Sir.
Mr. Evarts-It viii be time enough 10 confirm this wit
ness by Dr. stOrrs who viii 10 under oath, when you
bring him here.
Judge EeisOG-I think he can say now. in anticipation
of that that he saw did not Dr. St0rrss diary.
Mr. Eyars-Do they say that they are going TO bring
dr. storrs here Do they say that they are going To
bring Dr. storrs aud his diary here have not heard
that suggestion from anybody.
Mr. Besch-The rule settled by the Court Of Appeals.