New-York tribune., 1875-02-04
TIE DISCUSSION RENEWED.

Mr. Fullerton here asked Mr.. Beech in regard %
the authority which he had undertaken read TO the Court
Mr. Beach A. hi. instant ana able lay my hand upon
the authority but when have por at the library
But find an ntinaou OF the rue under the commentary IN
Cowcn and T. Notes upon the question o. secondary c'i
dence whore secondary evidence is Offered 'he primary not
being present And Mr. Edwards the Commentator on The
original text Of Cowen and Ili'- Notes, says:
I'VE that where secondary evidence j. Offered t
must be objected 10 in season or u, con p,ny cannot d.
side of the party offering The secondary t.ncc closed The
objection should be made when the eco rs offered ~ a. ;"
at )rd the party an opportunity of OD'iui- H.
Though this the precise question. Sir. or
giyo the true for exactng timely objection
where incompetent evidence is offered, yet | submit
to your Honor it is parallel rule Of evidence. do
not repeat your Honor the suggestions which
urged upon you before; that it highly unjust TO permit ev
which may be Objectionable to be received e-p
tally the which ths narrative Of ths witness a. o
the interview between himself and his wife offered ard
then by objection after resting until be had got sufficient -
the interview TO satisfy purpose shu ne explanatory
portions Of the interview which followed Now the defendant
by resting upon his objection has permitted us proceed the
detail interview the Court and the y aT AZ To- got
communication by Mrs Ttou him thai caring before
the Committee denied the whole charge Aud ter
interrupted permitted to give the np which ~
made by Titon the subsequent dccaa 81 Mrs IT,
ton showing the why she made tia dc or PERHAPS
qualifying the character Of the communication sat she made to
Mr. Tion We submit your Honor tll should be pr
mittcd to give ~ whole Of that interview that the part
which has been given should be stricken
Judge NcisonI should be very sor TO deprive yon OF any
right you in the and the question be held until
you have an opportunity to look at it,
Mr. Beach-Nery well, Sir that will do.
Mr. Fuerton- intended put in reports after that
question was determined. IL little embarrassing to continue
that line Of investigation without having th question disposed
OF however Will endeayor do will hand the short
report to the witness him further question in regard
to it, Paper handed the witness Look at Exhibit No.
90 and state you recognize Of the reports
alluded to- A. Yes Sir
Mr. Shearman understand it has been marked for identd
cation. but put in
Mr. Fullerton-What did you do with that report" Exhibit
No 5Os" A. tnnk showed this rcpo and also another 10
Gen Tracy, who told me that
Mr. Evarts-Ihat object TO-
Judge Nelson-You must tell what he said, Sir.
O. What did you do with the report
Mr. E,arts-If Mr. Beccher is to BE- affected when-
Mr. Fucrton-It Is shut out
Mr. Eyars am speaking Of the answer he making,
but Of the general inquiry There b evidence about ths report
given by Mr. Monlton:
Mr. FucuOn-Nes Sir
Mr. Eyarts-lnder which has been received in evidence
Now whatever this witness properly bring into the c'i
dcnce now must received from something that has passcd
between him and Mr. Beecher concemin, H., suppose.
Judge NelsonTha i certainly. TO conversations.
lie may nevertheless what he did by Of showing
act, as that he put it in or did something with it,