New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-19
GENERAL DEBATE.

Dir. Evars-Now, your Honor has decided that
the further conversation shall not be gwen and any
be made give the further conversation from the
witness should have been made before the witness left the
stand.
Judge Neson-wha the words after the Bacon letter
in that answer Just close IL.
Mr. Earts-I will read it in moment-so that the only
question whether part Of shall be struck
out.
Mr. Beach, prefer my motion in my form, and
not let the gentleman make IT,
Mr.. Eyarts-The difficulty Is that the motion has been
made, has been partly argued, and the further argu-
reserved by your Honors permission. That
is difficulty We have got record-moton to strike out
The other question not reserved and not decdedtha
they should not give any further communication
Mr. Beach, beg your Honor to hear upon that propo
sitiOn before you decide II.
Judge NeIson-what are the words in that after
The Bacon letter" towards the close Of itt
Mr.. Eyarts Reading
"She informed ne had been down Committee Of
Plymouth Church and asked her what Committee she said
Judge Neilson-NOw Mr. Beach, think-my impression
the words after Dr. Bacon are to be stricken out
Mr. Eyarts-I will these words, Sir:
"To do away with the scandal aud she said that she had
denied every hlng-botted It all out"
Judge Neilson-H that Stood they ought TO have
Mr. Eyar-Your Honor decided that question: that should
and that the objection rightly made at that
point and then entertained motion to strike ont the whole
Judge Nelison-I very clear that If anything
out it is simply what occurred after the word
Bacon"
Eyarwe It is not for Of course to say how your
Honor might conclude the subject, but the motion is to
strike out.
Mr. Beach, DO not make any such motion.
Mr. EYarts-Very well. there Is question reserved Ny
eraned says does make the motion to strike out
certainly other question reserved for them
Honors ruling the evidence complete with that
exception and motion is insisted upon it is wasting
the time OF the Court to go on with the matter
Mr. Beach, may, perhaps say that very gratihed to
learn that gentleman is getting little careful about the
time of the Court You DID, time, Sir in the Of
taai discussion decide that question Afterwards you INDUCED
me 50 far as permit submit short your
Honor in substance asking you to review that decision
Mr. Eyarts-I do not so understand.
Mr. BcaOh--W ell, lot US see
Judge Neson-Also gave you permison s very clear in
nv mind aso-also gave you permission bring in authorities
upon that particular question wit your right continue the
part Of the conversation given.
Mr. Beach, hope the gentleman does not suppose that your
Honor gave me permission to look up authorities upon
tion strike out
Judge NeilsOn-No II was not that.
Mr.. Beach-No, think not.
Mr. Eyarts-I don't know why he should not II the
only motion pending and the ouy thing asking
Mr. Beach-wel gentleman make that assertion as
repeatedly aes the record there and the last words
a were said to your Honor before you granted the OPP
rtuny Of presenting authorities said by myself and
they express themselves awkwardly read pOr
ton Sir | will read the balance Of what said;
81 say it is un,imey and nadmissable, but II under the
ruling Of your Honor the objection Is 10 be Sustained that
Inc Whole Conversation should be given that thus be
par and misrcpresented in TO true scope effect
place the party who offers it in INSTANTANEOUS position
your Honor vii permit me, Sir moment, think eau refer
10 authorities upon the subject
tint is upon that subject Of neuupug the conversation al
that stage OF its development.
judge Internationally.
Mr. Eyarts-On the motion to strike out'
M Sir ia not IN the nation To
Judge Neon-The is where Judge understand
him right acts frat that impression
and vet is willing be corrected and hear authorities II the
coun-el wish 10 introduce them
Mr. Beach, suppOse Sir Perhaps it mpertnent ia
me to ask your Honor reconsider the decision which had
made your Honor INDUCED me doing H. and permitted
the question to be reconsdered.
Judge Neilson- think is the dnty Of the counsel to correct
me when fall into that is what they here for
Mr. Evarts-The difference between is 10 what the
record shows what your Honor did and what reserved
Now the matter be finally disposed o. unless
they move to strike that So far the question OF
Introducing further evidence concerned ended We
drove them necessity then Of alternative get IL
they could They arguing that question and proposed to
give authorities the striking Of 1t out.
Judge Nelson-I did not 80 understand IT,
Mr. Evas-And part OF that argument that Il ough 10
be all in all out, that agree.
Judge Nelson-we they claim it ought to be all inthe
whole conversation.
hr Eyarts-That Honor had disposed OF nnaly.
Judge Neilson-WeI, was willing to hear il further
Mr. Eyars-And when your Honor said IL ought go
then your Honor motion strike Then
they made the strike and that reserved.
Mr. Beach-And the counsel insists in choppng the
course OF ruling upon the part Of your Honor this subject
inst az he does choppng in this conversation He does
not consider the portion Of the proceedings upon that topic
in which your Honor reserved this primary and first question
And your Honor that had certainly different view
Of the question which pending before when Mr. Til
tons examination closed apparently and he about
leaving stand then suggested thai here question
reserved decided In regard 70 the evidence Of Mr.
Tilton Il was a motion strike did
Mr. Tton any further the stand But the motion Is
apparent the suggestion which, your Honor then made
you understood 1.-THE motion TO the proprety Of
proceeding to give this evidence.
judge Neison-So have understood IT, Look at the words
in the answer which come after " Bacon
MI Eyars-Does your Honor understand there reser
walton OF right to examine Mr. Tilton further
Mr. Beach-why yes when your Honor made that sug
gestion why then, said would call Mr Tton al sub
sequent time upon that point
Mr.. Eynrts-At that time.
Judge Neison-Look at that after the word Bacon snd
what you think of those words.
Mr. Beach-There many talking in my ears that csn
not hear your Honor.
Judge Neson-A the close Of that read the last line
two and what 1t is.
Mr. Baarh- Al the close Of Mr. Til,on's srcrt
,aass Asassa slS: aisss wv Wsss aasQsr iak.