New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-24

the conten The rule founded upon this principle that
human memory IL not Supposed 10 be ~ reenive AZ PEN h~
paper that where there IL any writing OF evidence
which win enable spesk with certainty they snail
be Intercepted random the consn<s OF Written
instrument.
| Judge Eeilson-Yes
Mr. Porer-The only importance of the letter Is what
tains They are compelled put the letter in evidence
even they the witness II h ct Their choice TO m
troduse or introduce evidence the letter. They say the
letter involves The character Of third pcoa That may be-
II they soose b introduce The character third persons
mn necessarily involved they choose NJ TO Introduce
| II they cannot avail themselves Of is conssntA
Judge EeiIsonMr Porter within the sAe sill, don't yon
think It Re competent whether vt.sss has written
letter upon given subjecS
Mr. Porter-No Sir where the saesnss 81 the sub)ecs
implies shs contents Of the litter there attempt 10
prove this young lady has written something a"n the Dcs
OF an sfer Of marriage which she has had e er itself moss
be produced and she be permitted look L. not the jury
It depends on them jury shah X but she has
right Of justice 70 herself 10 see sst paper IN TO
spect 10 which they seek 10 nterrogate her
Judge Esison-she right the 'essr before SPEAK
ing as 10 its sontents.
Mr. Porter-Yes Sir; either generally or in detail.
Judge Eelson-sul think you can inquire whether tho
witness wrote letter upon given subject
Mr. Porer-If that Is intended TO sustain the qnesuon
which the counsel puts to except TO ysU Honors dea
sion,
Mr.. Fullerton, it may be broader than that
Mr. Fuerton-Did you consult Mr. Tiou after you went
to steubenvie Ohio school by letter. the subject OF
proposition Of marriage
letter pretty much.
Mr. FuleronIt Is the question put before IL don iook
into il any more then IL did then.
Mr. Evarts-We except TO IT,
Mr. Fuleron-[To Mr. Eyarts don't understand that tho
exception makes improper after his Honor has ruled 70 W
proper
Judge Neson-I stated what understood was the general
rule not proper form Of your question
think this question is little too broad.
Mr. Fueon-Dd you write to him upon the subject OF
your marragef A. married. Laughter
O Did you upon the subject Of proposition Oh
marragei
Mr. Porer-To question desire to object
The Wrness-I think
Mr. Porter-one moment Imnst insist upon your not an
swerng question when object TO Judge Nelson
on the subject proposition Of marriage What constitutes
proposition MARRIAGE What is the nature OK that propose
ton
Judge Neison-I think that question is objectionable
M Porer-Eher they have they have not such letter
Judge Neison-Yes.
Mr. Porer-f they have not they prove it They are
then at liberty to prove its contents.
Judge Nelson-Yes.
Mr. Porter- they IT, it matter Of fairness and JUS
tee to the witness should before being nteror
gated its general subject or effect.
Judge NeaOnThe counsel has INTERCEPTED the Whess a.
TO whether upon the subject OF her mar
rage The question might well be put whether letter was
written upon subject Of becoming married. that de-
scribes the letter and don't give the contents Of It.
Mr. Fuerton-That is the question have put
Judge Neson-Not quite
Mr. Eyars-Your Honor will exception to that form
Of question.
Judge Neson-Yes.
Mr. Fuerton-Did you by letter, consult Mr. Tilton Wills
you steubsve ohio on the subject Of marriage
Mr. Porter-That we object TO-
Judge Neison-The word consult is Objectionable.
Mr. Fulerton-Did you him upon the subject Of
marriage while you at Steubenyille.
Judge Neson-Tha is permissible.
Mr. Evsrts-That object TO- and We except TO il.
The Wtness-He wrote TO upon the subject of marriage
Mrs Putnam
No don't bring Mrs Putnam here she has been hero
viii you my question: A was beginning to Try and
answer il, Sir.
@ Did he you whilst you Marietta upon the
subjec-did you write to him. mean whilst you were at
seubenye Ohio upon subject Of mariage' A lie wrote
first
Mr. Fulerton-Now answer my question.
Judge Nelson ITO the witness Did you write TO him upon
that subject TO him about ths-he wrote to mo
first and then answered his letter.
Mr. Fulerton-You to him. did you, upon That sub
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