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

DENOMINATIONS BETWEEN COUNSEL.
Mr.. Shearman-We object 70 that, If your Honor
p,ease Wait a moment Tie witness attention nust be
called to the precise words the time and place; it well
settled rule.
NJ T,ertonWen there never was rule heard Of to
that effect before to-day am sorry that the gentleman
a not familiar with elementary think you refer to
something in Plymouth Church it not in our law books,
al events
Judge Neson-Perhaps the witness would need to look
che book Show the witness the book
Mr. Fueron-Certainy not Sir; an on the crossexamin-
alton and an Gskn what she said at certain tine, On Ger
tain subject
Al, sbearnan-Ieetoiore II your Honor please you have
ruled against as ghyI beg your Honor not to under
stand US complaining because Honor was perfectly
right in .ullng-
Mr. Fulerton-I glad your Honor is endorsed.
M shearman-It has been ruled twenty time. this
trial.
Jadee Nelson-I have not ruled on that point
Mr. Fulerton-I am couradcng any witness
Judge NesonI understand Does this witness remember
without the aid OF the book what she said on that point
abe can telt
Mr. sbearman-we 1t Is intended II your Honor please
for the purpose OF conadcng and otherwise, 1t has no
relevancy; otherwise It is hearsay
Judge NesonThe occasion Is hXed because che only
once before the Committee and the time equally understood
Mr. ShearmRD-Thst is right.
JudOe Nelson-And now what stated on that occasion
the substance Of the words must be stated.
Mr. rulerton-Not at all
Mr. shearman-I say that is the rule.
MI Fulerton-There is no such rule
MI Shearman-Ohl well, now; perfectly absurd for MS
70 about elementary principles just as well settled
~ anything be- and can produce decision In the
Court OF Appeals inclined TO think Judge Fullerton was
on the bench certainly Judge Porter was 90 the bench
Although s elementary referred 10 in the Court
Of Appeals.
Mr. Beach, think thsthrows some doubt o. the decision
Mr. FullertoD-H ever made such decision want to beg
pardon for it and be forgiven quickly as possible.
Nj shearmsn-Theoe is place for repentance.
Mr. Fulertonwel there is such decision the face Of
She earth, m any book Of the law.
Judge Neison-wep think the hra question Is to ask
whether she remembers what she said before the COMMITTEE
shst subject
Mr. Fullerton-That lie jus. what do ask her.
Judge Neison-No; don't remember
Mr.. Morrs-That is the exact question
Judge Neilson-Y0u asked her what she said
M FueronYes what did you say before the Committee
that subjecti
Judge Neilson-Askh her Do you remembe"-f sAe don't
remember saying ITO the w!tnessl Do you remember
what you said that subiecti
The witness-The words used in regard to Mr. and Mrs
Seechers crine-Mr Beechers and Mrs Ttons crime was
~adultery " think said that he ssd they committed sdal
Judge Nelson-ae calls your attention especially to
what said ss 70 those other eentensn L. That
ehink said before the Conmittest
Judge Nelson-But 10 those other gentlemes. A. That
shs mao committed sduxy with those three gentlemen, and
think that s the way stated before the Committee
Now viii ask you 10 look the book again look at the
cop Of the page there and that eeshes your reeoecoa
- TO what yen testified before commixess
Mr. Porter-To what part do you call her sttendons
Mr. Fuerton-The top q the page there the last page
Mr. Porer-L Looking at the book In the witness hands
she had better look where 1t U.s. than where 1t Ia not
Mr. Fulleron-Weli II she don't look where 1t h 1t h her
own fault. for have not pointed 1t out 10 he.
Mr. Porter-Exsuss me.
Mr. Yulerton-Ohi have not pointed The place yoa wanted
me 10 point out
NJ, Porter-You not pointed the place where she do
speak on that subject.
kI. Fullerton-wal, that 10 what propose 10 do.
Mr. Porter-we do but not under pretense that 10
ths witness statement.
Mr. Fu6erton word "pretense" Ia uneecoming you,
my learned friend
HI Porter-Not Of ALL In is application.
H. fnlertonI ask her to point out what she there sa
Sos' sAs Committee; there Is Ne Drstsnss about It