New-York tribune., 1875-03-09
co,-vcvr WEI n TIE SHARP SWORDS OF THEIR WIT

iAS''''
rage no matter who it comes from
Judge Neiison-Ole moment, please
Mr. Beach, will probably annihate me- Sir that he does
tonsider outrage.
ndrc NcjnNr Sherman was not called upon to admin
,ssr onv r,luke 70 Mr. Beach after the remark made
Mr. Beach, submit to it,
Mr shearman-IIc renows the same remark
Mr. Bcach-Undcr your Honors view withdraw the express
sion.
Judge Ncson-I don't think counsel cA those expires
,io,s 1t is improper have signifed my view of it,
Mr. Bcacl-In obedience, Sir your HonoIs idea OF pro-
priety very respectfully withdraw the remark
judge N,ilson-Now Mr. Shearman
Mr. slcarman-If he withdraws his will withdraw mne'
Mr. Morris Il think his Honor would survive without your
Withdrawal
Nj Icach-I didn't desire a withdrawal from you
Nr shearman-Ict II stand ITO the witness Now hrs
Putnam will you please answer my question: Dd you saA 10
Mrs Tl,on when you went pstairsf
Judge You may or no to that question a
did not
Judge Nelson-Tlat viii do now.
@ Why did y~unotf
Judge Nelson-That ia ruled out.
Mr. shcarman-We except, II your Honor please
Judge Neilson-Yos
Mr. FvartsNow Il you Honor please offer to prove by
this lady
Judge Ncson-T understand it perfectly understand 'As
Question and rule it ont.
Eyars-Your Honor does no: understand "Aa' W p"
pose to Prove.
judge Neil.on-f you offer something sadlo-a o. COURSE
i will hear yOI.
", EysrWe propose to show BY this say As vAsL So
went into Mrs Tlton's she folnd that that LADY
MI Morris-Now II yolr Honor please, we object The
question rucd ard counsel now seeking to get IN oy
satmcRt the CCut that which yon Honor has ruiea ou
and sabm that Is improper that the counsel should make
his offer There nothing before the Court The counsei
now proceeding what they offer to prove by ques
ton that your Honor ruled out We submit that 1t is I'm
proper co1n hOud go and state what they propose
prove by the Identical question after 1t has been iueo out
the Court.
Mr. Eyarts-You think you know what it by the zeal which
you show.
Mr Mouis-I know what yor propose
Mr Eyarts-Ycs thought you did; thought you knew
what proposed.
Mr. Mois know you propose to get in evidence that has
been ruled out.
Mr. Eyarts-Yes; thought you knew.
judge Nclson-Onc moment. Now understand you to
make an Offer Of kind, which wish to listen to-
Mr. EvartsI do propose prove by this witness that
when he entered she found this lady upon the hoo
tainted away with her husbands letter in her hand
Judge NoiSon-Tha is ruled out.
Mr. Morrs-Noy Sir il proper that counsel should make
such an Offer that VIXEN they had asked the question calling
for the precise had been ruled out by the Coury ls
proper for counsel get up then and make such an offer
Isn't that SNUG ling in testimony?
Judge Ncsonhere is something due TO The zea OF tne
counsel, OF cours4 have found that out
Mr. Evarts-Therc Is zeal on our side.
Judge Neison-Mr shearman, will you proceed with your
examination.
Mr. Eyars-And then we should proceed to show the
tents OF that letter.
Judge Neilson-It is ruled out
Mr. Eyars-We except to your Honor's decision
Judge Neison-Yes.
Shearman-Dd yon find MI TItons leter IN Mfs III
IONS handr A. did.
O Did you take il out OF her hsnd'
Mr. Beach, object TO this as mmatera
Judge Neison-I: ia immateria and ruled ont.
Mr. shearman-wc except ITO the witnessl Did you read
that lettor' a. did.
O. Was that letter afterwards desroyed' a suppose 1t
Mr. Beach, object to this.
The witness-Mrs Titon tod me It was.
Judge Noilson-You don't know whether II was! a. No.
Mr. shesrmsn-very well. This letter comes under
former CALL ask for the contents OF that letter.
Mr. Beach-We object
Judge Neilson-It is ruled out, Sir.
Mr. sheaman We except that and il your Homo! please,
propose 10 make offer Of proof
Judge NeilsOn-Yes Sir.
Mr. sbeannan-I offer to prove that this contained
Tatement to tho following efect:-
Mr Pryor-If your Honor please, we object.
Mr. Shearman-l lConnungl 81 shall have just such women
ts, my house as please"
Mr Fullerton your Honor please, this is objected TO.
Mr. Pryo-If your Honor please they propose to give
The contents OF the letter pure and simple Your Honor
that this proofs competent evidence without refer
ence TO what the may be- Absolutely incompetent
They then propose repeat in the hearing Of the jury the
OF the letter well from your Honor peremp.oy
ruling that it i- evidence and that you won't admit IT, and
We object TO it.
Judge NcsOn-They well that viii admit t.
put they propose make offer point the exception.
Mr. Pryor-But the exception goes 10 the whole letter
Under circumstance the Of the letter be evil
fence in this case. if your Honor please.
Mr. Shearnan-That precisely the ruling
Judge Neson-l hardly think Mr. Shcamgn would for the
OF FORM for the sake Of getting the letter before
the jury
Mr. Bcach-Wcll don't imagine for moment tha, this
Jury can be affected by the which counsel makes
under such circum-iancc
Judge Neisonl hardly think M shearman would make
Offer simply with that view.
Mr. Beach-Wel think otherwise i Is perfectly obvious
that il is with that view; but have apprehensions
Mr. Morrs-It the Of the letter your
has utterly incompetent for them poye very
well then improper for them 10 make the offer prove
tbe contents " that raed-Out letter.
Mr. FnIeron-There is another subject, which may well
be stated They have laid the foundation for such
tents
Mr. pryor-That Is the ground take.
MIR Fulerton-Tha letter may be In existence In this city,
D. this room,
Judge Neilson-I don't think he has laid any foundation
Mr. Fullerton-No Sir and therefore, they cannot under
bake TO prove the contents Of 1t for that reason
Mr. ByarsWe have laid the foundation that We did In
ne other
Judge NesonYoa laid all the foundation you could, no
aoubt
Mr. Evars-N Is the same Foundation; that your Honor
snderstsnds
Judge Eeson-That Is disposed Of.
Mr. Eyarts-Your Honor doubt disposed Of this question
p regard " this letter when you did the 0tasr.