New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-25

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Judge NeilsOnBut suppose the recOlecoa Of the
! learned counsel Is correctf
Mr.. Bcach-Wen Sir TO show your Honor that Is
| inoorect-tbat IL IL totally mistaken
Judge Neison-I do not mean TO say anything 10 that
merely say that when question this kind putOa
crOssexaminaton the witness yes and would
not have right to bring 10 what Mrs Toa sad her.
what Is not pertinent 10 the inquiry.
Mr. Porer-Granted, yovr Honor What contend fot Is
that they shall not insist upon retaining the yes alone
striking out the qualification. submit that he answer Is
| rejected at all II should be rejected entire.
Judge Neson-SO much Of the stands ~ u respou
siye 10 the question.
Mr. Porer-No Sir; not II II Is falsided by striking out the
| qualification
Mr.. Beach-There ia no qualification at ALL
hr. Portcrf for instance, asked whether pcrsou
struck another such OCCASION and answer res
so Informed Immediately Afterwards would your Hone strike
out the latter words informed. the
false attitude Of having affirmed, Of my knogsedge
what had affirmed only information and belief Now
what insist upon that that part Of the answer to be
struck out then the question ought to be put anew and
independent question: that the witness shall not be he'll to
the Eyes" when the would be no" II she
derstood the question
Mr. Beach-NOw say to your Honor hs: the assumption
Of the gentleman total mis- statement uaepnscious
doubleday Of the which that portion Of the
stricken out When she asked whether Mr. Tiios
did attempt TO violate her person she answered. yes
without any qualification and part her 10 that
question stricken out and II your Honor will hear
the record read you win perceive how the gentle
assumptions for the purpose Of pcng in an
unfendy and moper attitude in the OF
animation Of this witness that this point raised and the e
fort has been made repeatedly and the counsel appeals to
your Honor and the jury TO remember hgs which do not sp
pear upon the SenOgsphers record Therefore hope yoat
Honor will hear the questions and answers read 50 that tho
| true attitude Of this question may appear.
Judge Neson-f you make the request, OF course shan
comply with it, The Stenogapher will read the question.
Tue TRIBUNE Senogapher here read the question and
follows % Had he attempted to violate your
person A. Yes Sir he had O. When' A. Because he con-
fessed it to Mrs. TiltOn"
Mr.. Porter-Tha Is the precise fact which claim
Judge Neilson-The inquiry Is for date
Mr.. Porter-I know that but 1t inquiry Immediately
following the preceding question: which she had answered
"Yes and shows that she answered upon
what evidence to her but evidence your Honor
shows that her affirmative rested upon the confession
made to Mrs Tilon. Now, you will bear in
mind the allegation is violation Of the person. In
the ordinary accepation OF the term hat might
violence This witness in the question whether
there attempted violation Of her person. that he
used hardness her except the occasion when he threw
her against the door in the paro conversations there
violence She has answered that he did occasion at
tempt violate her person "When :" "By his confession
| 70 Mrs. TGtOn."
Mr.. Morrs-No no. that is not the record
Mr.. Porer-Ohl but It has been just read
Judge Neison-DOn't interrupt, gentlemen. Let Us have
this understood will hear you, whatever further you have
| to say, Sir
Mr. Porter-Now, Sir your Honor thinks that in Of
this kind, where apparent by the examination Of the wit
that she answered yes founding her to his
intent and attempt upon that confessional your Honor
that fair the witness say that she has that
he attempted violate her person. and that that is to be s
basis OF further examination, then have nothing to do
except to submit to your HOnors decision and except
Judge Nelson-I shall be wanting in the disposition
70 any suggestion that N Porter may make because
have Of proper degree Of respect for counsel OF his
ability and eminence My view however is that this is
very simple question Ny view also generally, that
| this witness has not been crossexamined with undue
severity, and l not willing to suppose that
counsel intend to entrap the witness at dl.
| The question is very simple, did be attempt to
Violate your person and the witness answers Eyes" Now.
on redirect il cross-examinaton you draw out
| how 1t The next question after that answer
When 90 calling for date which she could give and she
could give and which she could give without reference
to Mrs Tilton act IL there such at all,
which she party and in respect which she and she
alone give the date the date Therefore think
the inquiry the time when 1t occurred ever did not
call any repetition by the witness Of what Mrs Tton had
| said.
Mr. Tracy-Pardon word your Honor. think
have fallen into this error by the manner which the
grapher recorded what TRANSFERRED AS recoHect the
question and precisely this She asked
whether had attempted violate her person. and she said
and then hesltated moment ana there the counsel
nerected the question when and she then continued the
original answer"for Mrs Titon told me So and then they
stopped her. That explains the senogphers notes and that
the situation and the true situation Of this She
continuing her and the counsel INTERCEPTED another
question: and it recorded between the first part Of her
answer and the second part
r Fulerton-The question discussing after en-
that.
Mr.. Tracy-Oh no, Sir.
Mr. Fulerton-et the stenogapher read and you will
Judge Neson-One moment Mr. Tracy is it not quite OBJ
Hous to you that q statement by Mrs Ton to this witness
could be received until the counsel asked for IT.
Mr. Tacy-Undoubtedy your Honor but my point is this:
The first answer Of the witness had been listened
received before any other question put might have been
properly stricken out being Yes for Mrs Ttoa
told me this; but they ask to have the first
part OF that answer struck out, leaving the latter
part Of it stand alone as the answer. Now,
that cannot be properly stricken out, because it,
qualification Of the first part Of the illustrating the
point that made by Mr. Porter 1t that
It must be clear every person this that the wit
intended say yes, he attempted to yiose my
person. without adding for he confessed TO Mrs TOn"
That the basis OF her answer and that the only basis Of it,
because your Honor will that she has testified that he
never used any hardness which fobd the idea that
she intended say that he attempted to focby violate hei
person.
Fueon-Perhaps she is better qualified to the
question now than before will put it again.
Judge Nesa-My notion is ard want to ask II it not
yours Mr. Tracy that upon the crosexamnaon Of witness
Of importance and intelligence If question be asked and be
answered yes no. and the witness proceeds to give
with third person. conversation not called for
Is competent allow the stand far it respOn
siye and to strike It out far II is not responsive.
Mr. Tracy-Yes IL it be true that the answer would be the
same without the qualification with ii, but she
answers "yes because was told so" when II she were
quired to answer from her knowledge she would say
no." then is not proper strike out the qualification and
let the first part OF the stand.