New-York tribune., 1875-05-14
TIE PROCEEDINGS-TERBATIM
THE TRIBUNE'S EDITORIAL COMMENT!
CRITICISED.

The Court met at IL a. m., pursuant to ad-
journment.
Judge Neilson-Are you ready proceed, gentlemen
Mr. Fullerton-If your Honor please desire TO call
attention TO brief editorial in of the morning
papers, Of this morning.
Mr. Beach-Name the paper.
Mr. Fullerton-THE NEw-YoRK TRIBUNE.
Mr.. Beach-lSoao roce The official paper cf this
Court.
Mr. Fullerton-well IT is an editorial II is headed as
follows
As usual the Beccher trial was envened yesterday by
some choice exhibitions OF legal blackguardism
And then goes on to quote question put to Mrs Owing
ton while the stand and her answer also an observa
ton made by Mrs. Ovngton 10 and my reply. Mrs
OvingtOns 10 the question follows: II
is false"-and then turning 10 me, when she was not
under examination by and in excited manner and
with good deal Of gcsticulation--
Mr. Beach-And emphasis.
Mr. Fullerton-And emphasis, said " II is false, Mr..
Fullerton" when replied:
Well, you can repeat it again, Mrs oyinston If yon
think becomes lady TO do ii. lOu need not approach
address in that kind of style you forget you
a lady, others may forget 1t also
Now the writer Of that article cOud not have under
stood that was not examining Mrs OvingtOn at the
time but my friend Mr. shearman was and that she had
no ri ght TO turn and address by in loud tone
too and in such an emphatic Why she did it
certainly did at the time understand but did think
although she lady, that was such piece OF imper
Thence not say anng harsher that required some
observation from by way Of rebuke II the lady had
been under examination by it, OF would have
been very different matter but she was not, and she
had no occasion and right to address me in public
in that kind of way, calling me by name and
repeating the answer in the manner, which very Of
fensive which she did.
Judge Neilsen-I appreciate what the counsel says,
and regret exceedingly that such article should az.
pear in that paper remember the occasion and recol
ctot and pOrat hat Mrs
OvingOn should at the moment have forgotten herself so
far as 10 make the remark which she did especially 10
counsel who then examining her speaking TO
her
Mr. Frllcrton-Mrs OvingtOn undoubtedly discovered
her mistake because she apoogzed in moment and the
apology was accepted at the time.
Judge NelsonThe error OF the article goes quite back
beyond that The reference the first lne-wi you be
kind enough 10 repeat it.
Mr. FullertOn-The language is this Sir "As usual'-
Judge Nelson" As usual
Mr. Fullerton Icontinuing- The Bcecher trial
livoned yesterday by choice exhibitions of legal
blackguardism."
Judge Neson-WeI now, that will do. Iconsder that
the offensive part OF the article The reference To Mrs
OvingtOn. doubt proceeds In measure from misaI-
prehensionthe suppostion perhaps that you was deal
ing with the witness. But the expression that this trial
on the occasion yesterday, any other day. has been
characterized by "the usual" any blackguardsm IL
unpard0naDle OnenSe. IN way
ing my experience and at the bar have very
many trials hoty contested, civil and criminal, and
have never a where counsel have treated each
other and treated witnesses with more courtesy and
rrcumspection than this think that remark
by the editor of That paper was most unpardona6t
ofense and calls for an apology from him.
Mr. Evarts-I think, il your Honor please, my friend
Mr. Fullerton will not disagree in what shall say in re-
spect to Mrs OvngtOn Altogether think too much OF
the occurrence made Of the matter by the press OF
course We agree that that is not fair representation
OF IT, but inclined to think that there ia too much OF
an inference OF mprOprety the part OF Mrs Ovngton
from the manner in which my friend Mr. Fullerton took
II up Now cannot reproduce In print all that occurs
in court Mr shearman standing behind Mr. Fuller
,on a. usual in his position and position and exam
lining Mrs OyngtOn. Mr. Fullerton, was his right
was watching the witness closely and looking IN her face
as preparing for crOssexaIninaton. MIS- Ovlngton
observing in expression which she regarded
~ dstrtfu in some degree OF her statement dd with
ON, apy Justification under rules of giving evidence
make an observation TO him. and think made II
very good naturedly, FAR as recollect; but Mr.
Fullerton did not it in that exactly, but
treated It az mpropry and spoke as he reported
10 have spoken. Then Mrs Ovington apolog1zed; hr
Fullerton then accepted her apology and there sup
pose the thing should have ended the people who saw
and remember the whole including the jury and youI
Honor and the Of understanding the matter
much more distinctly th by any production IN print by
mere words that passed either or the other
am sure Mr. Fullerton cannot think that Mrs Ovingtor
intended any afront him in what she said. and We
uust admit that there occasion for her speaking
aoan I'm repetition OF her matter Of evidence
hut she was drawn into by Mr. FuletORs position and
scrutiny VI her couutence, and the expression OF his
and the very acable relations that had been estabsfee
between NM OvtngOH and Mr. Fullerton On the previ0R
| sIamina sOn and cross exainnatsan
Judce EeilsUn-That act on Mr. Ovingtons part wa
Incidental and perhaps natural 10 person not much ~
rsutoIned 70 proceedings In cat and think she had
bsn treated very properly and with courtesy in bel
nrryiOus examination and but for the mention OF tht
circumstance In the press chnk It would have passed
of mtfsdactorfy and pleasantly. do not think even al
the moment tllas Mr. Fullerton had wish 10 censurf
km. O0tRgtGn-
A CORRECTION OF THE PRINTED RECORD
| Mr. Evarts-h your Honor please, there is a
seser In the evidence incidentally brought u notice by
sn examination of Mt MOuton A. 80 particular passage
| In Mr. Bsecher's testimony and We have aAked o.
s,eposrspher V make the proper eIamiIstasn - ~
wAccher Che s,sue PE,sA oor1ostjy pr1stss o.
Ds& xaa ~ ~ n06e u
49, psHssD-AsO - W0d Ratfnav
NJ DvzSn-y~, m. - - tAe word Seadfne' y =
- No. e Of u Ihnud vsialss IN the second column,
x~y asar ~ iDot and - tk sAssse In speaking Of
NJ Asaissn he ssys:
He would say, Did yGu say 40 ann 30 or DO ycn
sayt~ or something to That effect and would check
self for q moment 70 make some reply foss " cue