New-York tribune., 1875-01-26
TIE wrrNFss AGGRESSIVE.

nav prove that te witness hosIlly-hAt lie enterains IL
feeling but when they ask FOR the declaration OF The witness
any time for Any purpose the rule h lnNAao'e thai they
direct the attention Of The witness TO the tine ana NE
mace and TIE person 10 he expression made.
Mr. Evarts-I think my friend viii that It Is only as
foundation con-adict him that we must do that
Mr. Beacb-w,r We do know whether they arc making
foundation % contradict or not
Mr. Ra--s-Tas way would be that when broucht some
one up 10 contradict him would say had not c
rect his attention 70 the time and place.
judge Neison-Tere considerations In regard 70 It
ono a. 20 the question Of fairness the witness he other OF
policy You should drect hs attention. yOu 10 The o
eason
Mr. Tracy-I he says he Is, We may Ask him when and
where.
Judge Nclson-Let him The question Repeat the
question Nj S;enographer
Kr Funero1-He has answered TIE Tr51M s.onOgr1phef
IreaduG':
20 Have you recently expressed hosl'v-vio'ent Hostility
Beccher' A don't reco1ccI That a'e. 10"
Z Wi5s three InontL-' A Within three moni4s'
y les, Sir. A. lnnk very likely
The " Wtness-Whai do y0u mean by violent hostility!
M Tracy put that question to you.
Judge Neson-As you understand The word have yon e1
pressed violent hostility noi A Nes SIR have expressed
hostility Mr.. Beecher
Mr. Tracyave you expressed violent hostility TO him A
have expressed hostility violently. daughter
@ you expressed determine do him great vio
lence a willingness do him gea, violence 4 MI that
Iremember-not great violence.
Q Do vOu know Mr. CadWelf A. Yes sir; know I'M
Y II Caldweni A Ycs sir know him
q Did you say him, within monb theresbouts n
your house Mr Beecher liar and hbcrne, and, damn
personal violence would do any good, would cut him
down in a minutef' A. No sir.
z Hsye you said Lat within two months 70 Mr. Caldwell
a. No Cir
@. Did yon ever say 1t to Mr. Csldwell' A. 10 Sir
q Or anything IKE ~ A. No nothing Ike that Thought
be sneak
Mr. Eyarts- you say a. thought Caldwell was
sneak when be the house.
I'M. E,aris-Wc al 10 ~ he that out
Judge NeiisOn-Strikc tLat out.
Mr. FueOp-ue ought 70 have been struck oai when ne
TO The house-
Judge Neson-No laughter stenog1pher strike that cut
that not answer to the question.
Me- Trscy-Di you express sim lar sentiment 70 Augustus
storrs within three months at your house
Mr. Bcach-Oh a similar sen ment--
Nj Tncy-Wel The sentiment towards NJ Deechcr
A TO Augustus Store
@ To Augustus >orrs presenca Of his brother Charesf
L. No
@ Or did you 70 Charles presence of his brother Angus
tusi A. No
a. Didn you say their presence youT hontesnce the
termination libel OF Miss Proctor againFi you-ddn
you say your house that Nj Beeher was sneak
and liar and as they said damn him you would shoot
kimf A. That what!
q II they sam so3 A II they said 30, would shoot mimi
O. Yes
Judge Nelson-Dd you say thati don't exactly under
stand tie form ~ the quttAOh NO uluu -ny 'hnI
Hr Tracy-Dd you say anything il substance like thai' A
Did you express any willingness 20 commit violence against
M Beechef in their presence! A No.
O Die you say tha he ak and liar In their pres
sncef A. / don't retolec, that said that
@ you express any willingness or disposition 10 commit
violence sgainst Mr. Beechef' A. No
O Did YOU express any hostile sentiment toward Mr. Beecher
IN their presenceY A. think did Sir; viii tel you al
SAID az o az recoect Il yOu would like to have it.
q That viii be proper when they tel 70 tell us what yon
said A All right
@ Have you not in conversation with Mr.. A ". Tenney
rnited States Dstct Attorney Of THE District recently
,rcssd yourself violent Of haired towards MI
B.seber A. In violent terms Of hatred
Y Yer A. Not In violent terms Of love; don't know that
] said hated him
That k not my question; don't ask you that ask you
70 answer it--On the feEyOOat On the Basi Hyerf
Nj BeaehThe expression, the substance Of the eIpres
mon should gwen Sir violent terms OF hsred" does
NOT call for the declaration Of the witness as 1t made
Judge NeonW ell the practice is no doubt TO ask him be
aid not make certain specific statement In substance
Ring The question you do put depends aPon the
eonstrucuon-ts somewhat matter OF construction What
one person understand by violence another might not
Mr. Tracy-Cerainy that argument will be in order when
NE Offer 20 conrad him If we do not Ampy this
Judge Neson-I argument; it il suggestion by
ne Court.
Mr. do no. dGer a. TO the bssis Of contradiction
but we do cain the nght have the witness first
which may be sufficient
Jndee Eeson-Sow the question as 10 what he SAID 70
Mr.. Tenney.
The Witness Sir what Is the qoeshonf
Mr. Trcy-The question &c. have you not IN conversation
with Mr. - Tenney expressed yourself IN violent terms Of
hatred towards Mr. Beechsr within three monthss
M Fuerton-we Sir that objected TO- Suppose they
,boud produce Mr. Tenney and AK him whether M Aoul
adge NeisonThey would that general statement
Mr. Pnrton-CerAinly but then they would claim the
right 20 prove by TenDey what Mr. hOuon said and
then objected Of course we would be subjected to
criticism
Judge Neieon-Before they call the District Attorney they
will have 70 ask this gentleman what he said.
Mr. Pnertonn the statement given Ia evidence then the
iurv will Judge whether Il is violent OF not
Mr. Eyars-n your Honor please then We do not diner as 70
th eoutradcton The objection to be made 70 U when We
ATTEMPT 10 contradict that have not laid the basis That
IN. ordinary course We are endeayorng to
move by mi, witness without contradiction and without sup
mort thct he has "a things under he general rule
J.dce Neson-NOw the question whether you sAd iA' 70
Mr. TeuDey the boat
M Bescb-Tha Is not the question: your Honor ges 'he
question right but the counsel do not
Judge Nei-on-I bring the boat IN
lQueston read BY THE tribune seDographerI
A expressed myself against Mr Beecher
q To Mr TenIeyY A. Yes, think Sc
q Didn't you express yourself violently A Perhaps did
don't reooeet now the expression that used distinctly
q Didn't you call liar A. don't recolee thai did
might have done
@ Sneak A. don't recollect that did.
q And Iibertnef A. don't reeollect-
q Accompanying each with oath A. don't recoI
lss 2As ID. siA -.-.-