New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-23
A TEN MINUTES wRANGLE AMONG COUNSEL

MT. EVartS-Wcll, l. tnluR-
Mr. Fullerton-I ask her IL she said that
Mr. Evarts-But have the right
| Mr. Fulleron-No, Sir; you have not the right
Mr. Eyarts-To know what she said
Mr. Trscy-The record shows what she said.
Mr. Fullerton-You not the record.
Mr. Trscy-No Sir; am not the record.
Mr. Fullerton-You have got another record
Mr. TcyCouLse has right to ask her what she said In
| her ss-examinstion, and object to 1t.
Mr. Fullerton-rro the Witness ask You whether you did
not say your crossexsmnaon that Mrs Dows went to
California after you had been there about month
Mr. Tracy-I the witness has said that the record shows
what she said and submit the right to ask the
question
The Witness-I don't remember-
Mr. shearman-Miss Turner wait until the counsel makes
his objection.
Judge Neilson-The right to put such question
Mr.. Fullerton-Iiow, Sir
Judge Neson- about to observe that the right to put
question depends upon whether the previous statement
is clear and well understood If there Is any ambiguity
about II you have right to put it. don't recollect
Mr. Fuferton-wel, then there is an ambiguity there
Judge Neilson-Oh mol 1t don't follow.
Mr. Beach-Does your Honor intimate that under any cir
cusances on crossexamination have not fright to ask
witness whether she has not previously stated certain
fact in her cross-eKaminatlont
Judge Neilson-I understand that
Mr. Beach-As test Of recollection
Judge Neson understand that that applies where
| stood.
Mr. Beach-May not be- Sir for the purpose Of testing the
recollection witness In the presence Of the Court and
Jury, submit Sir that it is right of the examiner to
put question of that character and that 1t Is the best and
sure and certain test Of recollection and strength Of
memory Of the witness.
Mr. Fullerton-It is right heard questioned before
Sir.
Mr.. Beach-Nor I, Sir.
Z ci.ada tbous ap1
times.
Mr. Tracy-I know you have.
MI Fulerton-well you know one thing.
Mr Tracy-I know good many things.
Mr. Puerton-Now, say that have right to test the rec
objection Of witness and TO know whether she has already
stated Mrs Bows went TO California about month after
she got there have this right Sir put the question for
the purpose OF having her correct her testimony she were In
error shagi her the largest opportunity TO make these
corrections not here for the purpose OF entappng the
getting her 10 state what she does not desire to
state and she have stated that Mrs Dows went to California
about after she arrived there and that was wrong
call her attention TO it, and have her correct It, II be
within her power to correct 1t.
Mr. EyarI suppose, your Honor please the right Of the
cross examination this undoubtedly when any point In the
witness testimony has been misunderstood by tie examining
counsel or has escaped his attention, he has ht undoubt
edy renform himself accurately on that subject and that
not sQmpsipsa Of but there aSeat difference betgeen
taon witness has said something contrary and then
when she It correctly, present 1t
recon when 1t simply resatement Of what she has said
and by insertion Of such questions counsel know how to
frame witness be brought into that situation. Well mat
is not just exercise Of the right Of crosexaminaon and
therefore the Courts do not allow this constant repetition Of in
qures and much less assumption In them that the witness
has said something contrary to what she has said
Mr. Beach-Mr. Evars allow me TO say
Mr. Eyarts-And every witness entitled have assump
ton put to him correctly upon what she has already
titled.
Mr. Beach-Mr Evas allow TO say that this not
sumption Of anything We simply put to her the direct ques
ton whether she has said this
Mr EyartsYou put it this form: Have you not already
testified 81 That carries mpptaton that she has testified
Judge NesonI carries the suggestion that some correction
may be proper
Mr. Eyars-Yes Sir and then when she says not
II Is that it is correction, when it is simply repeti
ton what correct testimony the record will be found
TO be; and the witness held up In the light OF having
needed to make correction and having made correction
when the the assumption that is nerpoated between
her first second by the imperfect memory OF the
counsel
MI Bsach-Then her will that imperfect mem
DRY We if she has testified II she says no.
why ends it, If che says yes, she has opportunity
| explain
Mr. Puleron-I now insist upon the question.
Mr. EyasWhat she has testified recorded and what my
learned friend says est Of the witness memory to
whether she said and In the OF cross
examination the witness memory Is tested by its general
upon carrying in her mind everything that she has
said during her cross examination
Mr. Fulerton- want 10 see she reach far
| AZ she did at another.
| Judge Meteorological your question.
Mr. FulertonHave you not stated your cross examna
ton that Mrs Dows California about month after you
went TO live with her at Tarytowni A. thlnk know that
stated Mrs Bows California after latter went
TO Taytown bat don't remember whether said month
| how long.
Mr. PueronNow propose to turn to the record and
Sir will adopt counsel mt ihOd Of determining the
li0h.