New-York tribune., 1875-01-14

,.,r. conversation ss an explanation, and ere leave The
what v. ara snted % is proof Of what occurred BE-
,r.e, th,s nary and Mr. Becchsr that subject fu

what entfted pEpoi Nnas vNe"N"
tueen shs parry and Mr.. Beccher en- that subject i
JsAee Neslsoa-on this subjeet
N, Eyars-on that passage In hk letter g ff -
Judge Nelson On the subject that have TO deal with
Nj, R,artson passage In that letter which they have
introduced giving conversation between MI beeehef o
NJ Mouon that subject 10 wit that was conversation
ip which Mr. Beecher explained that
JUDGE Neison-n the word explained was nsea' tAa'
tussincs you IN taking the view you do. lt =.
Mr. Fvurts-Now they can omit calling the witnesses
sention to that eanss letter and omit ntsrregang MIN
whether there conversation between them; bnt mey
cannot ntrodace introduce the fact that they went on 10
converse II and then disproye Of Is con'efSA
explanation on Mr.. Bowens part
Judge Neison-No 1t should not appear As matter OF eA
ranston- . "a,
Mr. Ryarts-Taey must give the evidence, or omit II ZAP
ysase1
Ju1ce Nelson-Wan q moment, gentlemen am
rery much afraid there viii be fewer OF H
Acrr ,monow-many fewer for viii not permit hs and she
lsned counsel ought not be interrupted in this way Inc
word explanation used as giving cooring you don III
tend perhaps but which, At any rate, h not Just
Mr. Fulerton-I an quite willing It should be eliminated
arun The testimony and I distinctly understood
by your Honor that hs s omities ou' "i
consideration to third person, who ongh' ho'
a be dragged into this controversy and she dragged IN II
VIII not be by me- propose the Court should understand my
shct in omittng that part Of the nant0n don't mean
shan be said that afraid Of its effect on my client
sny mesns but Is in the interest OF propety that no tu
person should be brought into this controversy uness
actually necessary eucdae the truth between these parties
Mr. Bvars- you will that all that relates to the Proc
,r Air that viii be end Of it That has been considered
by another Court
Judge HesonWe don't propose to receive Miss Proctor
hen
ur Fars-I don't want II your Honor please mutlaton
II evidence If this has to be judged by this jury ne
to be judged by what he states without the suppression oi
anything 49,.
Mr. Beach-YOur Honor win permit me to say unless 'hH
,hou be adopted precedent establishing pncpe ID
bh do not concur that should say word in regard TO it.
n that we right give the whole or any part Of
,py statement or declaration that may have been made by MI
peeche which deem material 70 the particular matter nnd
investigation that IL is rule OF evidence hat we shouu
give al OF mag said in confession to which we
have directed the attention witness The material part
that which consider essential to the interests OF the party we
reprsent-we may call examination and IneIe
be sny part omitted appearing the other de TO be essen
a to their it is entirely competent for them to gVeh
m evidence but 1t rule Of evidence that we shall give
e whole Of what Mr. Beccher have said upon auy par
hcular occasion material mmaer TO the particular issue
Ender investigation.
Judge NesonI understand II to be So and to be funda
mental principle Of law.
Mr. Fyar agree 70 that but that is not the point Of the
inquiry.
Judre NcFeon-No; that s motif
Mr. Evars-Tbey may ask him what he did say and then
take WHIST stop certain point and then, we
the OF the cOuNeEhalOl Vouios ~
Nj BeachMr Eyaris Will permit NE to suggest 70 you
s do not wish 10 say anything further that we may ask II
Mr. Beecher made explanation In regard to given fact
tnd refrain from calling out that expIana1ioni
Mr. Evarts-No. Sir.
Mr. Beach, insist upon that proposition We are not bound
10 call II out unless we choose We may he acted in regard
10 particular matter without calling what that action was
Il may be we opened the subject far as to permit the
opposite party give in evidence but we are not competed
To produce not compelled to give them any part o
declaration any part Of lie acts Of MI beeceT iurhef
than We may choose 20 20.
Jnge Neison-Undoubedy and yet II would be unsafe II
you are allowed TO ask witness whether the defendant made an
explanation because truth what he might understand 70 be
All explanation might not be So
Mr. Beach-suppose ask he made declaration In regard
TO it, am bound to call out that declaatiOni
Judge Neson-That would be better, doubtless but what
has disturbed your opponents think is the word "expana-
lion" which gone the minutes thai he has made
an explanation which permits Of inference adverse TO
him.
Mr FuHerton-I have already that that might be
struck OGt
Judge NeisonThe clause which that word occurs must
b. struck out.
Mr. Fuerton-No Sir not the clause but the explanation
What we wish to omit bearing upon the issue IN this
Mr Evarts-Ah al, that will depend.
MI Fueon-That depends on the acts we viii adduce IL
evidence.
Mr. Eyarts-It will depend Oh the truth falty Of your
testimony
Mr. eon-And the truth or.faldty Of our testimony yon
Bsy to the uttemost
Mr. Eyarts-Ane we VII test it by facts but not by
pianstOn.
Mr. Fuerton-Tesii it in your way wthOn. heTalding
what you are going do go vOciferously.
Judge Neisonwith my permission nesher Of you VIII test
snyhng that not material the ssle trying Idon
intend 70 ytng that Il Rot material 70 the trial LOW
before
Mr. E,ars-Is not the truth falty Of the testimony
material
Judge Neson-Yes Sir, undoubtedly, but not evidence
affecting third persons don't desire decide question
u hd persons 10 have third persons names phcaeo De-
yOnd what il necessary
Mr RYarts-That we AGREE TO- We have desire TO
ton their names have anything to do with third persons
Ie them omit calling bis attention any conversation Of
M Beecher that subj Leave out, else bring in
Mr. Fulerton-No wish to have appear his attention was
called 70 it, and said something and that something
important the general issue, and we omit It
Mr Eysrts-Then AK his attention called TO 1t, II
Ills not materiRli
M FuTerton-Because think 1t lie proper to DO 90.
Judge NelsOn-To THE Tribune stenogapher-srke out
hom and after What did ne cali your attention tor You
may an exception Mr. Fullerton you desire to 90
Mr. Eyarts-That phrase ought to be struck out
Judge HesonYes from and after that After ALL you have
vtAt comes within the rule as stated by yourselves
Mr FullerOn-I think not, Sir.
Judge Neison-I think had better rule that out
NJ Fullerton-H your Honor please don't mean, any
eo prevent it, that this witness shall be placed
false attitude and that what my adyersare seeking
"a accomplish, in my judgment
Judge Neison-I don't see it in that light.
Mf Pueron-I may very fair for them in the conduct
Of cause; shall not criteise their eourse am only
sayng don't Mr. houton shall be placed in attitude
he ought occupy with reference 70 this branch Of the
Judge Neisoncertanly; but look at that after
usrds