New-York tribune., 1875-05-13

1t best not TO disturb the question which has been
fully considered and decided.
Bell, judge OF the same opinion; always
thought that the suopGnd duees ecum had two distinct
Objects and that one might be enforced without the
other.
Judge Neilson-wel. II the witness has Obeyed the
writ has attended and brought the papers, tha'
satisfies the writ / quite aware that the witness
need not be examined, and that 1t does not imply the
right crosse xamine The only question n whether
you could attach the witness for not delivering over ~
papers your request she being here
Mr. Fullerton-YOur Honor will perceive that here ~
feature In this case entirely different from those which
characterize the which reference has been made
This subpoena does describe particular
paper enable TO identify 1t by that descrP
ton when is produced. There Ia omnibus clause III
it, 70 produce all papers of certain character wiious
specifying partcu y any, and hence it does not bring
this within the rule laid down In the eemen''
books OF within the rule administered In those de-
cisons because in those particular paper was
described in q way that II could be readily dentneo
when it was produced But do not think any one ever
heard before that witness was compelled to come ih'o
court under subpoena of this character requiring te
TO produce all correspondence between and b. and 10
hand them at the will Of the partv sending tne
subpoena
Judge Neilson-You have interest IN this, MI Full
lertOn you could not crossexanine the witness
Mr.. FuertOn-How, Sir
Judge Neilson-You have no interest in this you could
not crosse examine the witness.
Mr. Fulerton-Unless she is put on the stand eouid
not certainly. But they put her on the stand ana sue
produces papers and swears 1t il the eorrespoh
ence herself and the plaintiff IN this case theh
If your Honor please, will have
Judge Neilson-You would have night 10 crosseAdiii
inc her on that subject
Mr.. FulertOn-Yes, Sir.
Judge Neilson-But they may identify the papers py
another witness
MI Fulerton-But the question is, whether she is COM
PEELED to come here hand these papers under
this general clause OF the subpGna duees feettm
Mr.. Eyarts-HOw is that question with whch 'ne
plaintiff has anything TO dol
Mr.. Fullerton-well 1 suppose the plaintiff has got
something to with almost anything that takes place
during this trial We mean to have hand In, al III
events, on all proper occasions.
Mr.. Eyarts-Weu, on all proper questions
Mr Fullerton-Yes, Sir; think that is competent
Mr.. EvartsBut the OF the court a. the hie
Bench have very properly pointed out, and as your
Honor is familiar with the practice in this court as wei
as in other courts state the rule is that the process
brings papers within the control Of the court The VIII
ness under this process Of the court Is In court WIN he
papers in possession Now, Ii may he question ior
witness whether he she has reasons for not Wishing
10 produce letters papers But that If not question
for the opposite parties not in the least what We are
now discussing whether under this subpoena we ASKING
the witness for these letters OF Mr. Tton your Honor
will direct them to be produced II she receives the di
recon of the produce letters If that the rgh
Of the party under sbpGnd duces tecum why then she
il placed in the position Of obeyng the law The ques
ton OF swearing swearing has nothing to do Win
that question-nothing whatever
Judge NeilsOn-I do not feel Like giving any direction
at this stage Uf the
Mr Evarts-In the OF Somers agt. Moseey IA lyr-
whit 1851 it is said lReading:
There must have existed common law right IN the
Crown for the purposes OF justice 10 compel by subpoena
matter Of the suit and also To produce anv docuhn
bearing that subject matter though in the possession
OF tO the suit. such stranger IL Oly clc
10 produce paper and for the required Document
identify IT. which would be done by extrlnsic ev
dence In numperess cases as the paIt! @ y, "a
paper wholly ignorant Of every circumstance OF the
case it would be absurd TO swear him as a
witness. When party called on his sDGhd d"ces 'tenm
produce the document required diSDDeys the VIII Dy
n0 producing have doubt that he Is liable To at
tachment. Whether he could be required 10 be Fwori
not general testimony in the cause hut 10 make
true the custody OF the document only Is
another question But We think that he has no rght 10
require the party who calls him to have MN sworn III
for all purposes, for he might be Lnere rtgr 10 ne
document. through having the custody OF IL Ihe VII
produce the warrant and that production was properly
enforced without swearing hlII
Mr.. Fulerton-That is the warrant described In the
writ, in the subpoena.
Mr. Evars-We it II not question OF that; is not
question Of the opposite party it Is the question OF a
witness proposing the court not that he SHE has
right in her interest-not question OF
the parties. / suppose witness has that right
Judge NeilsOn-NO witness has that right.
Mr. Evars-And il IL for the court, therefore, TO say
whether this lady shall be advised that the letter entities
u.s. under this writ, To this correspondence.
Judge Neison-It entities yOu 10 that correspondence
undoubtedly unless special personal obec-
ton upon her part that is 10 be considered II there ls
that remains he tested in another proceeding.
Mr. Evars-I do understand that there is any per
sona objection her part except that it should not De
a voluntary production Of the letters.
Judge NcilsOn-There Lothing 10 be made by calling
the witness aud swearing her because there could be
crosse examination, except
Mr. Evarts-No, Sir; there is question Of swearing
at all. Mrs WOOdhul--
Mr. shearman to Mrs. Woodhull]-I call for those let
ters of Mr.. TiltOn.
"A conversation in low tones here took place between
Mrs. Woodruff and Mr.. Shearman and Mr.. Eyarts-
Mr FullertOn-I think is due to the witness Sir ana
due to the proper administration OF justice, that your
Honor should inform the witness that she is not called
upon by the Court produce those papers.
Judge NeilsOn-She has heard what nave said nave
not gwen any directions.
Mr. Fucrton-There is not any objection TO Mrs Wood
hull going upon the stand at all
Mr. Evarts-She advised that the writ entities
MS to the production of the papers.
MI Fulerton-Provided she ht to give them.
MRS. WOODHULL MAKES A SPEECH.
Mr.. Evarts-Ah, secs fit. The witness can
say something TO your Honor
Mr shearman-She desires to say something TO your
Honor
Mrs woodhull-YOur Honor, have very few unn-