New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-07
Judee Neilson-If II ia important.

ceve upon what principle this question should dc re-
jected. Even II it opinion founded upon the de-
meanor action OF given party 1t Ia admssiDe to
prove it. MI Beecher that during that interview
MI Bowen grew more and more friendly TO him Weu'
If that depended upon anything that was said why we
have exhausted that Sir. II 1t opinion derived
by Mr. Beecher from the manner. the action facla eA-
pressOns OF the witness his appearance his demeanor
why, them 1t was proper opinion, proper su9ec'
upon which he might express opinion and one WHICH
be rebuted and gepelled by this witness IL III uh
1t is matter in that aspect which depends upon
the ndefnable and ineIpressibe characteristics anu
manifestations OF the human countenanee you please
of actions which cannot be described IN TERMS TUT
instance it becomes important 20 show whether man
was intoxicated upon certain occasion The Court Oh
Appeals have ruled that you may take inc
opinion of witness upon that subject, that
You are not bound to confne your answer
to the question whether you saw him drink OF
whether he staggered, whether his breath smeit OF
liquor because depends upon those manifestations vi
human action which not the subject OF precise uo
scrption, Now repeat Sir that no far as the CONVEX
sation referred TO- depended upon as manifesng
frendliness upon the part OF Mr. Bowen, we nave et
haused Mr. Bowens recollection upon that subject ana
that answers the declaration Of Mr. Beeeher in the reply
to this question: that Mr. Bowen promised to be friend
to him in that matter which was then under cohsiuera
ton Mr. Beecher further says that in that interview"
"Mr. Bowen grew more and more friendly 10 me- No"'
far depends upon any vi these manifestations
aside from declarations, far that opinion OF MT
Beecher depends upon them submit TO you Honor II Is
competent for Mr.. Bowen TO answer that question
Judge Neilson-The trouble all the time being that u
is a mere matter Of inference or opinion when MI
Beecher might understand one way and MI Bowen
another way about which perhaps no two persons would
agree. 1t is a casual thing Of no real value
Mr. Blackwell, think otherwise, your Honor
think it Of some consequence in view Of the testimony
tho 9TH fpafm Bepchcr.
Judge Neilson-I of those peculiar things that
might msead the jury; they might adopt the opinion Oh
the witness who was least correct in his opinion.
Mr. Beach-wel Sir, then look at it in that aspect II
you please that the opinion of Mr. Beecher goes TO TINS
jury that Mr. Bowen in that interview grew more and
more friendly to him. They brought it out, Sir upon the
examination Of Mr. Beecher We say it is an error II is
untrue that he formed mudgment; and is that to be
permitted TO 20 to the jury without contradiction IL Is
wr0ngl
Judge Neilson-f you had objected at the time should
have IT out, for il called for mere opinion
Mr.. Beach, suppose, your Honor, that under tne
principle which expressed in the case in the Court OF
Appeals to which have directed your attention. that IL
could not struck out could not be ruled out as an
improper question: therefore your Honor will permit me
agan to draw your mind to the distinction of the basis up
on which such expressions Judgment or ofact might De
given that so far as depended upon avowas OF len-
ness upon the part OF Mr.. Bowen, have exhausted
ness may expressed in other forms than by language
il is by manner tokens, that it Is sometimes communi
Gated friend to friend and they may say that IL was
upon these expressions, ndefnable, II you please III
their character and upon which MI Beecher pred
icated the Judgment the declaration, that MI Bowen
grew more and friendly him during the CONVEX
satiOn.
Judge Neilson-TLis would be more deserving OF your
attention If the only way of getting at the fact
but it is not. it 10 me. You asked him the Doid
question whether he did in that interview grow more and
more friendly, stated by Mr.. Beecher II is easy to
ask the witness whether anything occurred in the con-
versation. the demcanor, or manner which indicated
Mr.. Evars-We don't object 10 the exhibition OF the
fact.
Judge n-Yes-which indicated that he became
more friendly.
Mr. Blackwell Sir, then propose this question In
this interview did you say do anything indicating
friendlness toward Mr. Beecher than you have
pressed by your testimony
Judge Neison-Well that is proper.
Mr.. Beach-very well, Sir. TO the witness Please
answer tina; question.
Judge Nelson-How do you answer Mr.. Boweni
The Wtness-Shall answer
Judge NesOn-Yes.
The Wtness-I made the call with friendly feelings
those feelings existed during the whole interview, and
remained when left, without any change.
Mr. FullertonThe question is whether you manifested
those feelings
The Witness-I manifested change, that am aware
OF.
O. Did you manifest those feelings in any other forms
of expression than you have given us here in your test
monyi A. Not that recolect.
Mr.. FullertOn -That il ALL Mr.. Evarts.
CROSS EXAMINATION OF MR.. BOWEN.
Mr.. Evarts-Please TO give us Exhibit No. A.
Paper produced by PLAINTIFF counsel and given " Mr.
Evarts who handed il to the witness.
Mr. Evarts-Mr Bowen, please look at that, and say II