New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-19
Mr.. Morris Not in tina. manner.
THE COUNSEL REBUKED By THE JUDGE.


Judge NELSON'S this quite in a spirit that be-
comes counsel: don't think is ITO plaintiff coun'e}
think for present ua get through With examining
the witness you had better the book to Mr. Shearman
and when you want II call FOR IT,
NJ Pncrton-Then call FOR itnow
Mr. Shcarman-Whom do you call it from
Mr. Fullerton To the wtnes' b. kind enolgh Mr. Hal
day % turn meeting Of that church after October
80, 1871.
Mr. shcarman-Unl this question Of right is settled. M
Halliday, you will please do nothing Of The Sort
Judge Neison- The witness must answer the question
Mr. Shcirmate not in possession OF the book the ooos
not custody Of the and object to his opening
it, When question right is settled an willing IN 60
far any in c0urtesy; and am willing am allowed
gentleman the other side who may look over
the whole book b1t do that natter Of courtesy and not
Of right viii select Of the counsel on the other side
examine the book.
Mr. Fullerton i am not disposed 70 accept courtesy gha
AN entitled to matter Of law appreciate the gentlemans
courtesy aud will recprocc all proper occason' aud in
proper spirit but that book placed in the hands u the
witness ami he read portion Of in this case, AMI called
your Honor attention the time saying that read
in evidence There is no doubt Of that 20
in AMI ike shuecOck suit the views Of the counsel
the other side
Mr. Shearmln-It not read in evidence
Mr. Fullerton j say read ia evidence the witness
OH the stand aud il recorded
Judge Neson-I understand got from the date Of the
meeting. &c.
Mr. shearmsn was refreshing his memory and the book
not marked put in evidence.
Mr BeachThc gentleman said the time OF handing ths
book the reporter could be marked he chose
Mr ScarAn L said the reporter mark the book for
Identification, and he dill marx for Identification, and the
record read except refresh Tie witness
Mr.. Fulerton-It read
Mr. Shearman 1T read than PaStons pamphlet
read when it handed to Mr. Mouton to refresh bis
memory
Mr. FueronTt read by the witness and it was 50 70
corded in the minutes.
Shearman- produced it for the purpose Of refreshing
the memory Of the witness as to who were there.
Judge NesOnThe book be brought here lnder sub
pena II Is now in the hands Of the witness
Mr. Beach 1T has been given in evidence on our side
Mr. Morrs-It cannot enforced BY subpoena 1t scsc
pOration
Judge Neson-Counse had better go with the examine
ton.
AN UNSAT rSFACTORY END TO THE FIGHT.
Mr Fulerton-My question is Turn to the min
ues of the Dcacons meeting after October SDh 1871
Judge Nelson ITO the wtnessl: Turn to it, witness
Mr.. Fullerton-is72
Mr. Sheaman-I is understood that book in the hands Of
the witness matter of courtesy aud any matter Of
right
Mr. Fullerton when get through with matter
Of courtesy will hand back to you
Mr No it not in your hands except mat
ter courtesy request your Honor that the witness be
structed to keep the book or deliver it to me
Judge Nelson TO The wness.: Do you find the meeting
therey
The Witness beEeve have IT, Sir
Mr. Fullerton l offer IL in evidence.
Mr. Shearman-We object. What has that got to do with
this case unless something is stated about What that meeting
relates to, have all the proceedings Of the Board OF
Deacons put in evidence in this case?
Mr. Fulertont much object to US TO show what
doe. not relate to as what to- relate TO-
Mr. Shcarman-That is what your Honor excluded. aud
would not let us do.
Judge Nelson ITO Mr. Sherman: allowed you TO show
every thing you desired regard O lhle not suppessd
anything bearing upon this case, directly or indirectly
Mr. Tracy-f Mr.. Beecher was present
Judge Nolsonwe all the proceedings in his absence
Mr. Fulerton-For the purpose Of showing his absence
Mr. Shcarman L don't object the statement Of anythaa
that in that book relating 10 this matter don't object 70
statement Of that do object II il iii 10 be used BY pat
ting in evidence including other matters which have 40 bear
ing on this case and have stated frankly why do H.
because Of the names OF tue poor of the Church.
Judge Nellson-Teey will not be admitted here.
Mr. shearman the Of other persons to be 6rouga
In here?
Judge Nelson-They will be respected.
Mr. FueonI shall respect the names Of the poor whether
in that book out OF Il.
Mr. Beach-No the poor should include some member
OF Mr.. Tlon's family.
Nj Shearman-I have not the slightest objection 10 tAea
getting that in il that is the object OF it.
judge Ncson-GO on.