New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-21
THE RIFLES OF CRossEXAMTNATION.

ton resumed:
Mr. Ryarts-If your Honor please, to announce
to the Court that our associate, Judge for'er' not
well enough TO be in Court lie has been abOrng under very
seyere influenza for four days and nothing but his sense
Of professional obligation 10 continue as iM
40 he could an examination which ne had
commenced day before yesierday-your Honor Is
aware the me s that the same counsel should proceed
brought him TO court yesterday He was then suffering 20
much that he could speak the tone that would have been
more desirable without pain he did speak and
this morning as coming over received note from MN
saving that he lie unable He hopee with medical aid
10 be able TO be with us tomorrow or the next day
Judge NesonI am very sorry indeed to lean that he is ILL.,
knew that he hot very well yesterday "hyou take Ills
place Sir in the crosseXaminatoni
Mr. Evarts-WeT we shall be obliged il your Honor please
II that is the direction of the Court TO divide the matter OIL the
examination probably between Gen Tracy and myself
II wholly unexpected 10 both Of us that we should be caea
upon to act at all
Mr. an order OF that kind Sir in regard to the
conrse OF the will not be made was aware
Yesterday my friend Judge Porter was suffering under
severe indspodOn which in great degree ncapacaied MN
for the performance OF his duty In conducting the cosse1am
nation and mentioned 10 him in private remark that
thought he was condition and should surrender the duty
10 some other person; very much regret TO Sir that
that ncapacy been the subject OF several unacious re-
marks IN regard my friend which do not think would have
been ndulgd in the Of dissatisfaction had been
known to gentlemen who made those remarks We quite
OF the defense should continue the cressexamnaon but TO
divide tbat dnv among several counsel think would be such
an nrscon the practice and such an injustice TO us that We
cannot consent that We would far rather that the a
should be suspended or that the crossexamhaon OF Mr.
Mouton should be suspended until Judge Porter Is abe 10
continue it, but 10 give 10 three or four counsel upon the
other side that part Of the croexaminaten OF the witness
seems to me will be apparent your Honor an improperly
in practice and as an injustice TO us.
Judge Neson-Perhaps would and very likely will be un
tho tn FeuO
geston.
Mr. Fyarts-The difficulty your Honor understands and
a. my learned opponents well understand OF the sudden re-
moyal from discharge Of responsible part OF duty in
trial this kind that has been assigned 10 one counsel and for
which preparation has been made by him. not trivial diff
cuy does the fact that informed at 10 o'clock at my
house Judge Porter will be here to-day on account Of
illness enable me- passing from my house to the courtroom,
10 prepared conduct the crossxamnaon OF the witness
in regard whom had expected TO take part whatever
and 50 with my learned associate Mr. Tracy whose greater
familiarity with the may enable him. no doubt more
readily prepare himself for the conduct Of the crosexdmna
ton and may be necessary therefore that my learned
friends suggested they should withdraw this witness and
proceed with the examination Of some other witness
Judge Neson-I think it would be better Sir TO proceed
with him now think you master Of the subject
Mr. EvarsWe thought should be allowed to conduct the
Examination find necessary in this emergency
Judge NesonYou the difficulty bv consua
ton with Gen Tracy.
Mr. Evarts-That will create delay
Mr. Beach-Delay is better than injustice.
Mr. EyarsIt is not a question OF injustice 81 your Honor
please question OF the regularity the on
cosseHamnaten The old practice ued be for two three
counsel TO conduct a crossexsrnination.
Judge Neson-We will eudeavor conform to the necessities
Of the as they may appear, Sir
Eyas-we suggest your Honor ttat that be neees
sary and understand that il think necessary we shall
have that privilege, why then
Judge Neils9n-I don't deny it, Sir We will If there is
any occasion for it. and will endeayor to consult
In regard to IT, s-
Mr. FulertonIf your Honor please do not wish 70 de-
prYe learned aversaes Of advantage TO which ty
are properly and legally entitled We Of course appreciate the
disadvantage under which any Of their number VIII now
take ID cTosexamnaon, and far we concerned
in order that they may every possible opportunity for prep
araon and keep themselves within the limit OF the rule con-
hnng the examination TO single COUNSEL we are quite WI"
Ing any that your Honor may think AT and proper
rndcr the circunsances TO relieve them from their en-
ba1assmcnt We should not object TO the posponement
of the trial OF until Judge Porter should be
able 70 return and resume his duty, should object
20 taking up other witness and leaving Mr. houtons
further cross examination until they In state OF ppar
ton they We do not want understood that
We urce any that shoud deprive them Of any legal ad
vantage which they justly entitled but do think that
wh the further Of Mr. Mouton resumed
Il should be confined single counsel That due to and
that nothing than justice TO the witness Although the
rule was witness might be attacked by number Of
counsel upon crosexamiDOn yet that rule has given way
more enlightened consideration Of the subject longer
the rule it has not the rule for many years in this State
and trust it win be the rule again 1t is due say
the witness is due side of the that single
counsel should cross-examne the witness.
Judge NeonI appreciate what you say. have do doubt
lhat Mr. Eysrs who has been constantly attendance will
find himself quite able TO proceed with the crossexamnaton
and We will give him all the facilities think better
70 proceed way than let the proceedings
stand
Mr. EvartsThen the further examination will be con-
ducted by my associate Gen. Tracy.
Jadge Neison-Very well.