New-York tribune., 1875-02-04
Mr. EvartsI don't understand that to be the purpose
Judge Neison-I understood II so.
Mr. Beech-Of course

Mr. EyartsI don't understand that to be the purpose
Judge Neison-I understood 1t So
Mr. Beach-0f course.
Judge Neson-heir right to Introduce the correspondence
would be with reference to thai question: the question OF dam
ages, up to the time Of the proposed ohense
Mr. Evas II part OF their right in the action 10 sno"
certain relations between the parties in the suit ana e us
OF impression from the proof is to be deoScu
when the proof In but your Honor sees that Is an
thing for us TO know although they may have the motive oil
damages vet the correspondence may be important 10 US III
other relations bearing upon the question OF principal Po
on the principal ISSUE which, OF course Affects the caa
and conduct OF these parties; and this painn oeg W wiz
ness think your Honor will Gee that parties have 10 DC
more imperative than usual in nquiring in regard to
judge Neilson-You right to have the direct exaHha
ton closed before the commenced you
think proper.
Mr. Beach-W your Honor please consider that he cotre
spondence TO which we refer embraces bundle oil ABOUT ta
magnitude seerrna to bundle OF papers III the nau' VI
counsel.l
Mr. Morrs-Ohl three times that.
JUDGE Ncilson-You should make some selection
Mr. ReachWe don't propose introduce the whole OF thaI
correspondence Whaw wants opportunity to select from
If such portions OF different dates giving their general charac
ter as will support our view Of those relations Now VIII your
Honor permit me to say that all require from this witness
the simple Identification OF the papers lie gives no suOs
tive evidence himself beyond that and 1t Is matter enuS
within the discretion your Honor whether that branch OF tne
examination shall be suspended until future OCCASION IL Is
ouie evident IL vou Honor please that this correspondence
can have no possible relation this case except upon the
question Of damages
Judge Neilson-Yes
Mr. ReachFor whatever may be the result which this cor
respondence may show between the parties even was nos
tile and ouarelsome and restrained don't understand that
that affects the principal question: or would justify Henry "au
Beccher in seducng the plaintiffs wife
Judge Neson-oh no it would not go to that question al
all.
Mr. Bcnch-It Is only to the question OF damages
Judge NesonI question now OF mere economy wheher
e counsel cannot consent to proceed with the
tion. .
M Fullcrton-I will make this proposition TO the other side
can have this correspondence ready tomorrow morning and
can have the letters identified and put evidence 50 that they
can proceed to crossexamne whenever they see ht
Judge NcisonTo Mr. Eyartsl think that will save your
rights It might be economy Of time to do So
Mr. Eyars-The difficulty this have made no sugges-
ton that couples should have their pyy invaded
by anybody My only proposition is that wish to have all the
evidence that TO be produced from this witness before the
Court before examine him. do not know how much
any future evidence may be affected by crossexamnaon
and though we are very unwilling put our learned friends TO
Inconvenience vet they have had possession Of these papers al
ways the parties and Themselves and they can go on wan
another witness they car have an adjournment they wish
do not propose by consent OF my own to undertake
TO examine him. TO have this witness examined upon our
part unless he is through his part and your Honor
| think
Judge Neson-I recognize that fact II you think proper
| to hold to it,
Mr. Beachwc will occupy the time Of your Honor by iden
dying every of them We will introduce them by and bye
Mr. EyarlsYou will introduce them before crosse1amne
| him.
Mr. Bcach-No we won't introduce them before you cross
examine him.
MIR Eyarts-Then we will see
| Mr. Beach-Then, will see
Judge Ncson-I think would be better 10 agree upon
theory that will save time.
MI Beach, quite agree with that suggestion II your Honor
please.
Judge Neson-I think before they finish the crosexamna
ton they ought these letters.
Mr. Beach-Your Honor won't compel us to produce ev
dence until prepared to produce it, lsuppose your
Honor will recognize right TO identify the papers, and then
produce what will seem proper to us.
Judge NeionI don't say the contrary OF that but they
would still have the right to crOssexamne him paper
yon introduce.
Mr. Bcach-Certainly they can when introduce it, but
| they cannot compel US to introduced now.
Mr. Evarts-Well that depends
Judge Neison-Proceed, gentlemen, and Identity your
pers 1t may take time
. Mr. Fucron-It will take time " yoar Honor please for
there are some hundred Of them not Of which do
we propose 20 introduce.
Mr Beach-Oh! not so many.
MI Eyarts-[To plaintiffs counsel Vel, gentlemen,
have nothing 20 do with your case.
Mr. Fullerton-I am very thankful for that
Mr. Beach-To Mr. EYars But we have considerable to DO
with yours
Mr. Fueon-I have sent for the letters They viii be here
q moment
judge Nelson To the jury Gentlemen OF the Jury: IN
order economic time and to give these gentlemen oppor
tuny to select papers those that found be proper
will take our recess now, and until hafpast ocock
Mr. Beach-Ihat won't help us.
Judge Neison-Yes; you select them in that time.
Mr. Besch-We cannot do it; 60 200 or 800
letters in that time and the time get reasonable refresh
ments.
Judge Neson-Can you proceed with another witness, and
let this witness stand aside until morning.
Mr Beach-We do it, II yosr Honor will give the usual
time Of adjournment, until o'clock
Judge Neison-Do you mean from until CcOck'
Mr.. Bcach-Yes Sir.
judge Ncison-Wi the officer that that place cleared
The jury will remain in their seats ITO the juyl Gentlemen
please DC in your seats at o'clock