New-York tribune., 1875-02-12
Mr. Evsts-Oh well don't object only didn't want 1t 70
60 continuously, II II 70 my question
wRANcLEs OVER THE LEGALITY OF ANSWERS.

,
object that only do let him go continuously
il in to my question. ITO the witness Now did
you there after this statement that you were ready 70
sign dozen times twenty times whichever II was did
you and there offer and propose by movement or words
to actually sign the paper at moment A. remember Sir
gesture expressive Of my willingness to sign such paper
took up pen and made a motion Like this viii ngn
twenty times over"
Mr.. Eyarts-Yes, Sir.
The WItness-But when come to look closely ct the para
graph, Sir, and saw
Mr. Evarts-That is an answer.
Mr.. Beach-No Sir it Is not The question Is whether nc
offered to sign 1t, or made any gesture
Judge Neson-suppose he qualified that, think we ought
to take the whole statement
Mr.. Evars-Now, your Honor please how can eonduet
sexamnaon 1t is in the power Of this wtness-and
do speak him differently from other wness-h
in the power this witness nterpose explanations that arc
not part Of the answer my question He has abundant op
portunity your Honor knows-
Judge Neilson-He ought conne himself to your question:
OF
Mr Eyarts-He has abundant opportunity 70 explain on re-
direct examination subsequent explanation may be gwen
Judge Neilson-We think when statement is taken IN
part it ought TO be taken entire.
Mr. Eyars-Wel, that would expose one very much 70 tne
mercy OF the witness.
Mr. Beach, insist sir that in the TO that question
whether then offered sign that that the witness
having said that when the article relating 10 Mr. Bowen was
ne took his pen and manested his readiness oo oy
gesture declarations sign that should be permitted TO
conclude which he has undertaken to
give heard read the paragraph relating to
himself he then refused To sign that paper.
Judge Neilson-Without modification.
Mr. EyasI do no! 80 understand that be has said anything
OF that kind; nothing Of the kind
Mr. Blackwell, we will see whether he has
Mr. Evas[To the witness Had not the whole paper oeen
read to you when you offered to sign
Mr. - Wal one |
not answer question. submit that before this counsel
shall permitted put another question: the witness shall De
permitted the question he has undertaken to answer
and partly answered
Judge Neilson-I think The inquiry whether this
gentleman ready and willing and did not offer to sign He
proceeds to state illustrating hs by flourish he made
at the time should be allowed TO add he saw
occasion to change his mnd-allowed TO add that.
Mr. EyarsThat is subsequent matter want the rac' as
occurred and is that he then and there ready TO %
and took pen for the purpose.
The Wltness-I was ready sign exactly what stated
Mr. Evars-Wen now Ihave not asked him to what his
readiness On
Judge Neilson-I think what he proceeding to answer
was called for by your question
Mr. Eyars-I asked him what he then and there did
Judge NeilsOn-Yes.
Mr. Eyars-I asked for gesture or word
Judge Neilson-Yes; he gave it.
Mr Evars-Wcll, then, there is an end OF 1t.
Mr.. Beach-No; II is not
Mr. Eyars-How has right 60 into what he was think
lng about.
Mr. Beach-Nobody asked that
judge NeilsonBut he has a right 10 this you fix him 70
the point that he ready and willing and by flourish oil
the Den he did 1er 10 SIGN IT, dozen times that
would fix him fact that he had bound himself to sign H.
or had promised TO do So and recognized correct and
therefore the witness ought be allowed to whether upon
further noticing the paper, he saw objection
NJ Eyas-That he would be allowed TO say on the redirect
examination, perhaps
Judge Ncilson-lt would be an awkward thing 10 s'hd
think on the cross-examnauon.
Mr. Beach-t would not be true answer to th@ question
which he was undertaking TO answer.
Mr Eyars-Now if your Honor please, have asked him.
and given him full liberty OF the word ana gesture then e1
bed and now take the word and gesture in full; won't
m ont ANYTHING Of that but as for nterpoon Of what he and
why in mind he ready TO do must insist Is no
part Of my examination
Judge NesOn-Ih he then and there occasion 70 qnahiy
the expression readiness he should be allowed 10 state
u Erar,sIfh he did there but the point Of what
he -onr on 10 say viii take al that occurred from this
witness that interview.
JUDGE Nclson-At that interview; that is all
Mr. Eyarts-Vcry WELL ont viii take H. WIKI your hoho
perin- sion. in my own inquiries
Mr. Fuleron-Wel, you will take Z IN his answers also
NJ Beach-If your Honor viii TO the stenoeraphers
minutes Won will get the precise phrase OF the witness al the
moment he wa interrupted He the gesture Of he readi-
ness 10 sign and then went on with but 10 say; men
saw the paragraph relating 10 myself and theIe the Counsel
interrupted Aim. OIL,
% he stands rs person who agreed consented to sign
Whatever he said and did that interview, le Las SA 70
Judge Neson-Did you that interview, see the paper
did YOU inspect \. don't think, Sir that saw TIE paper
az all.
Judge Neison-Well. now that disposes Of II
Mr. Eyarts-If your Honor pcase--
Judge Ne!lson-l an adopting your theory now
The Wtncss-Your Honor understood me- Of course saw
the paper in the hands Of the gentlemen there DlI doh
tlink had il in my own hands at ALL
ud-e NeisonYou did no. examine it TO see what 1t con-
tanned \. No, Sir.
Judge Nelson-Now adopt your theory.
Mr. Beach-But it was read 10 him on that occasion.
Judge Neison-Was It read at that time
The Wness-I don't remember distinctly whether the con-
Guiding paragraphs were read or not
NJ Eyarts-Now we viii 20 on.
Jndco Neison-Yes we will 60 on, please. dangh'er)
Mr. Eyarts-Now Mr. Tton. before you made thls
r and this statement Of readiness to sign, had you read
or heard read the whole paper? A. don relehOe', ~"
whether the remaining portion was read or not AAo" A
remember bv the impression which the reading au1 upon
INV mind namely this that when the long and ELUSIVE and
Glowing paragraph was put into Mr.. Bowens mouth OF reAc
ton OF all that had said, burst in saying D,"en
will sion that will s.gu it twenty times over something
~ that sort It was that part the document brought TO my
attention. whether the remaining portion Of was te re oi
not don't know this however that as soon as In"
document with its remaining portions was before me ior my
i,tre and read it carefully that utterly rcpudiaed H.
Mr. Eyar,s-We we won't take that answer II IS 10 come
vet from further questions If it comes at all
Mr Fulcrton-lt comes now.
Mr. Eyarts-I submit your Honor that 1t Is mol "n INC
rule.
Judre Neilson-we will let it stand.
NJ r-sT ask to have il struck out your Honor peae'
nj not the statement Of anything that he said or did IN an
swer to any question ~
Judge Neson-I think it is proper qualifying the other
mart OF the answer, Let il stand
WRANGLEs OVER THE LEGALITY OF QUESTIONS
~ Fvarts--Will your Honor be so good as to