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

V fOlOwingF e. les, SIT
How long he locked up IN the room with her then'
A. lie Was .aere for hours, more, think.
q. Thai when Mrs. Mitchell there was Itf A. When
Mrs. Mitchell there: yes. sH
@ Now you pastcaazl any other occasion when they
were locked up togcther' A. Yes, Sir; on riur.diy.
Q. What Tnur.dlyi A Those two days he had the door
locked up AM I Mitchell demonstrated with him about shut
ting the door.
q Tnas the Wednesday and Thursday following Der
sickness? A. Following her sickness; yes, Sir.
q Now yOu plrculate any other day when they were
locked up ;oystheri No Sir don't think can particular
lie any ether day, but there great many times
Mr. Fuleron-Oh OF course, there three dozen
The WtnessThce may have been more than three Dozen
Mr. Fuleron-Now viii 90 back to the occasion when
you raped the door and opened by Mrs. Tlton Did
you leave them there When You went away from the door, A.
Yes, Sir.
Mr. Tracy-I object to that.
Judge Ne.-oa-lle has r. ,ht 90 back
MI Tracy-TAa question desire TO have your Honor
pass on whether the counsel right take of these
occurrences upon this witness examination and examine fully
in regard to IT, apparently exhausng it, and then pass to an
other and to another and another and then return to the
same Interview conversation. 1t Is question "
III erection, colcede.
Judge Ncson-Perhaps nc did examine extensively as 10
the arsi OCCASION and perhaps not; don't know He seems
think he ddn; As the other OF attempt to
enumerate than to describe the occasion.
Mr. Tracy-I observe the distinction
Judge Nelson-l think he do that.
Mr. Tracy-Tnls is where he examined
extensively, where che knocked the door, and
Ma. TOn opened IT, AMI she describes Mrs. Tols con-
dtion and M Ttons condition. and what be dill Then he
passed 70 another OCCASION the occasion OF Mr. Bates and
then to ether which he simply asked her TO ennunerae Now
my point, and which l desire 10 have settled BY
your Honor is whether this counsel shall DO per-
mltied TO take mp Of these occasions and apparently
exhaust it, and thea pass another and then to return, and
lie L.
sion 20 another ll the witness, and weaned OUT Is
confused in the different occasions. submit that fairness
requires that when the counsel hos touched upon
IN occasion, and has apparently exhausted i-to1ched
upon an ncr and gone into the details OF o interview he
shoud be require exhaust that interview ad on TO
another and should be permitted it without
limit or qualification from time to time during tAe ezalina-
ton.
Mr Fulerton-Tlat IS not arEment; 1T is snpls t1Ebu-
lence.
Nj Tracy-lt nay be- your Honor Bat WHEN am address
ing the Court, and the counsel, il AN turbulent the
Court
Judge Nelson-Woud ard II ont doubt
Nj TracyI accept reprinand FROM .he Court always.
Judge Nelson think this question may bc asked, because
1t is erosseXan!natjOn.
Mr. Tacy-T about call your Honor. attention 10
occasion diTrent rule applied by your Honor
cro-sexaminaon It s only question desire to submit 70
the discretion Of the Court.
Mr Beach, should ike to hear thedI,rcnt rale.
Judge Nelson-Who was under azan.natonf
Nj T-acy-Mr Moaon. VIII read t. lIlelI.ag rom rHE
TRIBUNE reporl
M Beach-You- Honor viii remember thar 81. Porter
Aaniae tA. witness sIccy O.: - The Interviews u
minateness nqaug n'o interviews between those tive
dates. and carried ths witness rone1 the de- " As vey
NOW Sir mar u" embarrassment N which nay
, ;cc, sId MI thcy ar entred 10 s,ie 5n,rs: OF
Indulgence license tina. respect out that bat cpc;i
don Of he c-aIaauon 81 j. Porte, lima mus occur
very rcal.'y TO ~ ielrr"d frea-,'
Oh IL rr~at ole f,v. Nef - -f
~ Fullerton think yoI hal better suggest ~ome;lag.
NJ ee..rln-I link IN suggest something sA poa'.
tEeaiiag.:
Mr. Go-is-To me quc'on he ground lint has
been l oil Inc closseX ma. "A Irlcis aat tey
ave 30 rsIi o 'Xn.L' t' =" its- tiiy Hiol Tue s--e
po.nt ap9n Ec- o. "4s n.-i.s. ethn.4at {.s- '!ay
J"c re'u Iia; is So II your recollection u rsht Of
wu4t took p..cc."
Then followed the dispute.
Mr. Tracyl only from the wrong place, your Eonor
Mr. Fuler-Oa-lt aas from the wrong place.
Mr. shearnan be- moment ct the dna ruling,
Mr. Tracy showed the ficts ali judge Mellon
,a,d Well proceed, and keep within ne don't 80
tue ground -"
judge ,esonI understand perfectly NJ Porter tad coos
ned re .or ~ AL hall a. i,a u Toy
tool. Up The crosazIiiG4oa account u his CIt Po-.r
Ines- Was mat not go
M sheaunan-Yes, Sir
judge N.i.,,n-And Mr. Tracy took hi, place, an
the difficulty Mr. Tracy sholl not 30 over the saa'
ground that had been occupied By Nr Pog for dy and
half the motion proposed being that Mr ior,s examination
va na ~ far d. it hal gone aud ray expression at yol
ought take It up where Judge Porter lief, It.
Nj Tracy-I OBJECT u that.
Mr. Beach-Thc objection to yorr repeating wAa; Mr..
Porter lad proved the day before,
Nj MouIt was asking any additional questions
NJ T-cyMy objection Is 70 Mr Pl'! rton repeatinsl sub
Jet already touched upon, and apparently exhausted
having examined in detail anu HAVING done That ne Should
not be allowed to recgT 10 {.
juice Neilso1-The proposition ia whether NJ Fnlcron
can have ts witness again 90 she Examined
about
Mr. Fullerton Certainly not.
Judge Eeilson-Or 10 ask something IN addition II iii
something in addition, il doat come within Jour objection,
and he limit his question.
Mr. Tracy-It CONES within my objection; don't
know whether it comes within your Honor's ruling.
Ny point is that wien counsel undertook to lnyes-
tgate in regard 10 particular branch OF this
case 10 wit Of these int rews he Is bounI to exhaust
his examinations he ask her two three questions On
OCCASION and then to another and then come back
again the irst interview for the effect or such de-
cisiOn 10 confuse witness. No witness IN the world
could undergo such cross-examna;ion as that without
getting into confusion, and Tor the protection Of the
witness ecaton OF the TRUTH the counsel ought
TO required each interview he approaches IT,
Judge Neon-In in the former examination
Mr. Tracy was allowed 20 refer to subject which Mr..
Porter had touched upon the ground mat Mr.
Porters examination bod not been exhausted; he
touched IT, bat had not exhausted IT, evidently implying that
intended TO return TO it again. and don't think there s
any occasion for discussion about II.
Nj Fuerton-I do not want to ask question which has
been already They know perfectly well do not in
tend TO violate that rule.
Mr. Fuerton-I have proposed to ask question that
has already been asked.
Judge Neison-Well, 60 on.
Mr.. Blackwell, will
Mr. Fulerton-They know
Mr. Beach, beg your pardon.
Mr. Fuerton-They perfectly well, Sir that do not
intend rule they do anticipate anything
kind Think M Tracy Misunderstood he understood any
thing Il very difficult for 10 communicate to an
o,har ideas he himself