New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-18
Judoe NeIlsonIt Ia understood 1t objected 70 aoh'

Mr. Eyarts-Why II your Honor please the question u upon
her nerves and her-supposng che tainted away "oHu
be proper thing prove And do not use mat 'u
ntmating that that the fact am only saying " IT,
Honor that the question is one OF obseryation' anu
ton Of fact and whether not it is important VIII depena
upon the answer 10 1t.
Mr. Morrs-How is that imponant' Suppose she did rant
away
Mr. EyarsWhy Il shows the condition Of eis lady during
that week likely become the subject OF Influences la o
other peoples purposes be operative upon her tha'
what it shows understand what the force or point Oh
the objection Is.
Mr. Morris-t Is wholly immatcria.
Mr. Eyarts-The condition OF person who has been prac-
ced upon certainly OF evidence and hthat person
sick and in charge nurse why then the nurse Is competent
10 speak Of 1t.
Judge Neison-She state anything that che saw.
Mr. Eyarts-That is all have asked her
judge Ncson-Oh no; you asked her nice question:
which might possibly put person OF professional skill aS
an expert which has with the amen OF the lady on her
nerves. and which do think she competent to speak TO
1t cannot be observed.
Mr. Evars-why if your please, physicians are not
always attendant upon the sick and II nurses couo HOT
speak Of what took place in the sick room
Judge Neison-They can OF any fact
Mr. Eyarts-That is all have intended to ask her
BEGAN by asking her what she observed Of eneo upon w
lady OF this conversation.
Mr. Morris-We object to that question
that she observed.
Mr.. Eyarts-I did.
judge Neson-wihout indicating what you wish 10 oe'
in other words il she observed anything, and So what
Mr. Eyarts-Tha is right, undoubtedly, and supposed my
question OF that nature.
Mr.. Morrs-The question was not OF that nature
e MIR Eyarts-Well wont wrange with you, Mr.. Morris
Mr. Mors-Wel don't propose TO do it, but propose "
make any objection that see proper and make any
Mr. EyartsI haven't asked you defend your objection
have simply asked his onor's judgment about question.
Mr. Mos-Your criticism and your manner will not deter
me from doing IT,
Mr. EyarsI do not wish to do 1t in the least but WISH
draw the distinction between personal wranges and disputes
about rules Of evidence.
Mr. Morris-But say is the purport Of the ques
ton.
Mr. Eyars-Bnt you made an observation ater the question:
had been considered and accepted.
judge Neison-Now IL the stcnographcr will read the last
question which was putthe stenographcr Will please ead he
last question.
The TRIBUNE stenorapher [Resdingl "Mr. Evarts-That
Is all ever intended ask her began by asking her what
she observed any effect upon this lady OF this converse
Mr. Morrs-we object to that question-treatns it as
question.
Mr. Eyars-I don't treat II aquestion; was adopngyour
Honors view didnt depart from that view lohe
wness Now Mrs Mitchell IL understand, you are asked
may to whether you observed any effect upon
| Mrs Tton OF this conversation, and what it was
Mr. Morris-I object to that question
Mr. Eyarts-In this interview with her husband.
Judge Ncilson-I will take that.
Mr. Mos-That the question your Honor has ruled upon
it is the same question; precisely the same question
Mr. Backbone moment, IL your Honor please. BY this
question the witness called upouto determine what was the G
OF circumstances upon the physical con-
diton OF tins lady submit she is not competent to state
| Mr. Morris-You have just ruled upon it.
Mr. Beach-It would be entirely competent suppose Tor
| hil
the condition of Mrs TIOn sappose that is circumstance
| so far she observed.
| Mr. Eyarts-That is all have asked her
Mr. Morris-No you have asked her Mr. Evarts beS
| leave TO say.
| Mr. Evarts-I don't understand 20.
| Mr. Beach-If you do understand il, do, SIR
Judge Neilson-we think that is pertinent question
Did you observe anything if whatf is the question
| modify it in that way.
| Mr. Monis-That don't object to.
| Judge Nelson-Well go on.
Mr. Eyars-Dd you observe any effect Of this
| and IL So what on Mrs. Tlton!
| Mr. Bcach--That object to-
Judge Neson-Leaye the word effect "; that calls IN
| the witness view OF it.
Mr. ors-The very point your Honor has ruled upon two
or three times.
Judge Ncson-M Evarts the question in its simplest
form Perhaps it will answer, bat If not
| Mr.. Triton NEEDLESS OF HIS WIFE'S HEALTH.
Mr.. Evarts-Dld you observe anything in Mrs.
n, after bis conversation or visit OF Mr. Triton the sick
room A. Yes observed that she was very much excited
| O. Can't hear what! A. Excited.
O. How did she show this exctement A seemed nervous
| restless and uneasy.
Mr. Evarts-I don't know the reporters hear very
| well. -
Mr. Repeatng She was nervous, restless uneasy,
O. Did you make any observation to Mr. Tton on the sub
cct Of the effect his wfef A. Yes, Sir asked him II he
oud no, ease not talk in the room tho doctor told
| to keep her very quiet.
Mr. Eyarts- understood her say ~ asked him not to
talk in the ROOM"
| The Winess-Yes, Sir.
Mr. Eyartsha doctor had asked her to keep her very
| quietl
| The Wtness-Yes Sir.
@ What did he say or reference to this observation OF
your? A. Well walked Of the ROOM and sometimes he
continued to talk
O. Yes am speaking Of this one day when he came TO
the house in the middle of the day how many times during
did him in the sickroom ana enesed III a
| ing? A. Well, don't remember
| O Well was it than once A. More than once l
think two or three times near as can recollecI
O. Yes two or three times during that week did you
sec Mr. Mouon at did you Mr. houton tdere dur
| ing that week! A. did
O How many times you recolect-to the best OF your
recoectouf A. Two or as can recol-
| ect. -
T, whose company and where, A. In company with Mr.
| Tlton in the sick room.
O. In the front room' A. Well they both front rooms
| but they were separated by folding doors
O. Yes in this sick the communicating with
| iii A. Yes, Sir.
O. As you have described tas you have described the
rooms What time Of day evening these visits OF Mr.
Moulton Is you remember them A. Generally In the day
| time.
O. Generally in the day time and was the conversation
was there conversation between Mr. Mouton And Mr. Triton
| A. Yes, Sir usually.
O. In this room A. Yes, Sir
O. And within the hearing Of Mrs T1iton' A. yes sir'
Was there conversation with heri A. Part OF the time