New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-18

eatiOn dlSturDed person OF not
Mr. Eysrts-I should think So
Judge NeisonAs coud say whether two persons IN my
hearing conversing disturbed each other 1t very comnoh'
we don't take tho artistic Of Skill but simple OBJ
seryati0n.
Mr. Mo.Yes but the counsel has incorporated the same
Objectionable phrase that was ruied upon oeh' Aso P
csely. as to the effect
Mr. Eyaris-Wel, what should ask
Mr. Morhs-Ask the proper question: the Court has ruled
that that term IL proper; she is not competent
Mr. Eyars" Effect is not proper Enslsn wofd 70 de
scribe consequence OF an actionf
Mr. MorsYes but she Is not competent 10 oeSc'oc tA
Mr. Eysrts-I have given in evidence the action nave
shown person to be affected and have asked WHAT
she observed, il any
Mr. Morris-WeI she state what she observed pu'
that produced that submit 70 tne Court '
is not competent TO speak upon She state what she OBJ
served hut whether was produced by this conversation OF
not submit that that Is utterly improper
Judge Nesono course that distinction that tho
point Of trouble.
| Mr. Evarts-That is to say. prove dagger mrust-
Mr.. Morris-Oh no.
Mr. Eyarts-And ask what effect Il had upon the victim,
that is improper question: that is he may be asked
whether the victim f down but whether was the enec' Oh
blow thus brought into the knowledge OF court
| or jury.
Mr. MorrsYes SIR II would require an expert then your
Honor knows always in regard to the effect OF wounds IN
fcted upon the person results the question
being whether caused BY the wound or MOI re-
quires the testimony Of an expert.
Mr. Evarts-I the question that was not my Illus
tration.
Mr. Mors-Now she nav speak what she observed As
to what the condition OF Mrs after the eonyersa
on observed conduct and her manner her
actions but what caused what produced that submit
the Court It is proper and Honor has distinctly
ruled upon that element Of this examination In excluding the
question before the precise ground that we make the op
| lection to this question.
Mr. Beach, suppose your Honor IL seen to deliver
blow against the person of another that person ooserv-
could say what effect produced whether the person
struck fell staggered then the physical act appa-
the physical observable by ordinary
witness But where lay witness Is asked a. TO the con-
sequence which operates imperccpuby through in
uences organs which observable lay and or
binary mind competent to ask what effect produced
That Judgments matter OF science and not
| Of observation. But I suppose It would be very
| competent for the gentleman to ask what was the
condition, what were the manifestations OF the
excitement. anxiety reposc, or otherwise which
exh tied by Mrs Tilton during or Immediately
succeeding these conversations There does not seem 10 mo-
| Sir to be much difficulty in avoiding this.
Judge Neilson-That your ground think.
Mr.. Eyars-Why it much than my ground ~
had asked any such question: should have had hundred OBJ
| jectlons.
Mr. BeachTat very easy for the gentleman to say Sir.
| but it is altogether inaccurate.
Judge Neilson-Go
Mr. EyarsWha did you observe in respect 10 anxiety or
disturbance condition in Mrs Tton after thosentervews
after those visits Of Mr. Tton alone or Dir Ton ana Mr.
Mouons A. Why she seemed to be very troubled nervous
restless
Mr. Beach-The first Of that answer Objectionable bat is
| not of Importance enough to raise question upon.
| Judge Neilson-Let ii stand; go on.
Mr. Eyars-where was studio, called in tn,
house; and this sick room A Across the ha-the
back OF the house
| O. On the first floor the ha' A. Yes, Sir.
@ DID You say anything these gentlemen either OF them
in regard to the studio place their coencesy A. Yes
Sir; asked them if they would not 60 to the studio
| @ And leave the sick room' A. Yes Sir
O. What did they do! A. Sometimes they went, and some
! times they did not.
O. Did YOU say anything to Mr. Moulton and Mr. Tlton in
regard to the dangerous condition Mrs Ton' fce s;
told them what doctor sadha he requested ne to keep
her very quiet; that she very SICK
| O. Did you regard heras very sickf A. ! did
@ Did you regard disturbance of her dangerous to Ter
| health?
| Mr. Morris object to that
Judge Neson-The dangerous Is too broad-as un-
| favorable TO her health.
Mr. Eyarts-Then as un,avorabe health? A. Yes Sir
| O. In what dcgreey
| Mr. Fulerton-We object to that.
Judge Noson-You have gone r you can 90 on that
| line You have gone far enough it seems to me-
Mr. Evars-I will ask this question If your Honor TIcase
In what degree did you consider disturbance u MIS- Tton as
prejudca to her health perilous to hr recovery?
| Mr. Morris-We object to that question
| INDIE Neilson-Tha il ruled out think that that is n
question whch this witness does aDc 20 DC competent To
| answer.
Mr. Evsrts-B BE so good as to ro;e exception The
objection proceeds upon principle as understand o9 your
| Honor and Is not to the mere form Of The question
| Judge Nclson-les.
Mr. Eyarts-Do you remember Mrs Mitchell what you did
say to Mr. Tton and Morlton e her Of hem on the
subject Of Mrs Ttons condition, and a. TO ny danger she
WAS in? A. As near remember requested them To 20
into the studio the doctor had tod t must Keep her
| very quiet. The precise words do not eniaFber
Mr. Morris-That has b,en Atcd hail dozen tines at
| least
| Mr.. Evars-I think il Is proper.
Mr. Fglerton-I think IL if proper 10 rcpca' II 50
many times.
Mr. Eyarts-Durug the period Of your attendance upon Mrs
Triton this week. how much NJ fon IN The house aud
how much he away; A. do not remember
| O. You do remember about thar & No, Sir
O. Do YOU remember during h- week occasion or occa-
Mr. Tton coming into the sick ROOM and reading 10
| his wife' A. Yes, Sir.
O. State what occurred in respect TO that; remember
that he came and wanted read said that he would like
| to read.
O. He spoke to you did he' A. Yes Sir tod him that
was afraid to him read that the doctor told me not to
allow IT, sad OH it would not do any harm and he
did read and closed the folding doors as he read.
O And you left Isuppose, A. was In the other ROOM
@ BY the glowing Of the folding doors you separated
| from them! A. Yes, Sir.
| O. And he read? A. Yes Sir
O Do You remember anything about locking the door, A.
| No. Sir; do not
MIR. BEECEERS VISIT on THE NIGHT OF DECEM.
| Der BOTH.
| O. DO you remember the night of that week on
which Mr. Beccher visited that house? A. | do.
O. What night thati A 1t Friday night, the S0th
| OF December
| O. Do you remember the night distinctly A. do;