New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-15
A CONSULTATION.


/, ARGUMENT AS 10 PROOF TO BE HEARD
At the close of Mr. TTumbulFs offers OF
proof the Commission entered on discussion as 10
whether time should be allowed 20 Grcue the aim ssDy
of evidence Commissioner Bradley said he understood
the decision to lie that il 10 come out OF te ume
allowed 10 counsel each side. lie thought IL was
breaking the rule they allowed more than az hoHrs on
each side
Mr.. Trumbull thought their side should nave 'hree
bOurs-an hour each
Commissioner Strong did not understand the order OF
the court as to time rs Commissioner Bradley did He
thought the time occupied in the Offering oil evidence OF
in objections that might be made 10 its admssiby' or
in arguments made i'll support of the admisslDy' was
not TO be taken ont Of the Az hours which was allowed
for the general argument He moved that Two hours DE
allowed each side for that purpose
Commissioner Thurman said lie thought II connsci on
both sides would aid the Commission in arriving ut a
reasonable degree of expedition and not unreasonable
haste the whole thing could be settled by etng eVl-
dence come subject to objections and then arguing
the question, IL four hours and half was moi sui
fc1t for that purpose then the time could be enlarged
Commissioner Edmunds said that the length OF time
reaured for the discussion depended on whether the
counsel should discuss the offer OF testimony as mere
techncs question: whether the fact itself is one that
falls within the scope and consideration OF the Con's-
sion in its aspect OF The In regard to TIE ainss-
bilitv Of the testimony and its legal eject II covers
the Whole ground. and II counsel con manage To argue
the whole Subject presented well lis teriay and
the result Gc dcduced ii The facts were proved thth
If the Corns should be OF The opinion that was
competent 10 20 into that subject that "ond be lAe emu
Of tie matter Tie result Of the taking OF evidence on
both sides would be that they might find themselves at
hecnd of week or ten days in TIE altitude oi dNS0Fef
ing that they had wasted all tins, time m going MO
ran GO OF inquiry that they felt under tie Ia" tney La
10 night TO 80 into. - ~, , .
argued the same the Florida case was. lie did not
THINK any one could shut ms eyes 70 thr li ta 'no
! curry a discussion of the Whole subject.
Commissioner Miller suggested that il Wound be betief
lion was had if it decided that The evidence should
be admitted, they could decide te question "thou'
| gong back 30 Lear another argument. ar -,
Commissioners Edmunds moved 10 modify the motion
by allowing counsel to be heard on the whole sbici "a
Tie ease stood and four hours be given 10 each sue
Mr. Evars thought tlat was hardly far, rs thcy han
should have fodr ara hall hours, ana one side had
been consuming part OF its time already,
Commissioner Abbott SAID he wonid be content TO iahe
the offer OF testimony as sGgestea ny 81
as an argument demurrer, ana establish III" l".t
10 ot f ~ have an argument OF what is EFF IN
the distinct and independent OF It, Inc TWO matters
| have DO sOrt OF connection WIKI each OiICf
mr. Evart5 sad they did ROT wish 10 place Themselves
in the posi- on treating Ge evidence az all ia and thea
arguing as 10 its cc bat wished TO guard Saai9': any
little tic area % argument When ~ ADDITION 10 WHAT was
suiposcd 10 be the duty imposed counsel when iouf
and half hours was allowed tGorc is 40" somewhat
C0u1missioner PAYNE thought they entitled to
three hours on uterlOcut0y questions, ana to rec ulIc
them in the same line discuss the other questions %
the cOnstltullonGY OF the laws appears uhiaI toNdfl
lie pTU>eCUtiiiC cOunSc!
Commissioner Morton stated that in view OF the
limited time he would be compelled 10 vote AGAIN any
extension OF mc and wGs IN favor OF proceeding under
lie riic as il now existed lie thought Il was unfair TO
eye six hoiis to side and four hours 20 the other
II was here moved ~ strike out Two" III Judge
strongs resolution, and insert three lie question
was ut 10 the Commission anu decided in the negative
by vote OF to fhe Nays being Conihssi1hci$ a'i-
lev Edmunds, FreiinghuyScn, Carried, hOar' Miller,
Tne QUESTION tLen came up Mr. Eduunds's amend
meut 10 STRIFE the order substituted ~ Judge strung
giving tie counsel two hours II was Iosi. oiS iouI
members Of the COn1nissioT MeSsIs lalhuus, flCih6
buyscD, H09r ana Miller voted IL the affirmative
The motion OF Justice Strong that the counsel ne
allowed Two hours argue tue question OF me aulihsI-
Mr. Evarts here if after two hours bad been con
evidence then tue order Of yesterday allowing iour ana
a ,alf hours TO his Size would be in force.
Commissioner clifford said mat the question now,
under the present decision OF the Commission was to
allow each SIDE two hours 10 discuss inc question vi the
Enthusiastically OF the proofs offered Wien that was con-
cuGed, then the question WOulu CONC up On c cAccu-
ton OF the former order
Mr. Eyarts alluded the great disparity in the argu-
menis the des in case they were cal OH from Tie
two hours originally allotted 10 them
RpnrrseutatNe Hurlbut SAID he had the same opinion
which nad been expressed 10y members OF The COEnls-
siu thai the whole mert OF the case WCuid De lhVoVe
i the question the admissDty 81 Tbs evidence, aud
therefore suggested that IL was found necessary To
discuss the question Of admissity at more length IMAM
two hours the counsel be allowed 10 continue tue
discussion an@ suDlidct IL Honi 'io ioo4 ho' 'N'" '
Commissioner Bradley said that the proposition now
made seemed 10 him 10 be very lar uAc lie o'eu 10
carry II in5o effect. Adopted .
Commissioner Clifford called upon Mr ENits 10 go on
with his argument, but M EVaris objected 81! ing dt
IN the Florida the opposite GIucf was ahOPteu nc
ueuocraiic side having the opening aud closing vi tho
case Mr. Tilnbull readily assentcd, and began s agu-
ment.