, 1879-04-16

Davis"
,,, ~ a.k to have that stricken OUT" tn.erjcct.
80, u haven't askcd Jet for the contents ot Tint
letter." replies Htorfs, "but now, to INT Il In
lMtfcet sfmpr for ru1fng, I will ask lid yo,l
wns,'
"..Itliseovercd letter -"
,,.. HeSes M. M,nd, You needn't state what It
waf R,,r p1d y% discover lotter from your w'a
"Wait," thlndcrs Weber. "ftis objected ton
IN that sania connection" adds storrs, m1-
dfessing the Court.
ANOTHER VKANGLE.
=" I make this suggestion" observes the Court:
"Thnt It doesn't iai exactly within any d.
c!ston havu made. II would not bu tn the
form OF communication from tic wife to tho
husbafld, OF anything Of TINT sort; hut, II
understand It, It tcuds TO show commuolcn.
lion from acr to third person."
my objcctlon," resumes Mr.. Weber, "Is
simply this: II the letter Ind been sent, It
w"tlltl not have been seen In Mrs. Stevens pos-
session. If mot aens, then Il Ia no testimony
fndcr nny circumstances. What shc may itaya
written md retained In her possession without
eenlllnE certainly cunnot be n1duccd as cr!r1t-
tnatury intention asn!nst ller Or nnyhody clse.'
"The reply to all which ts," aays storrs, flrIuE
crininatory evidence against Mrs. stcrcus. I
shall kecp OH repeating that until It Is fully
Understood. II las boon declared Rgain, md
agaIn, and again, that ali this evidence Is offered
merely for tic purposc of ahowlng tho ae.tc IT
nnd ot tic p:1sOner on another OCCASION, to.
WI: t!,c OCCASION under investigation, .nssd tha
prcSho'l upon that mind, and :yhtch, wo shall
arEuc, Did create it, ,,lI continued right alunut
down to- tho time OF the homicide. Thu
afy sct + et,ar not fa as to n,Sv whster % hts Tts .
ms wiic rcrciysd n letter from particular par
~, finding In the possession Of his wife letter
ntldFcssgtl to t'at other party, froln whom sho
tending to influenza solnewl.a. tic mind Vi .he
prisoner, because IT tends to show tllut she WAS
tn correspondence With HIN. That Is not a
Gus'ts99n a., o. lawwean't be nao question OF
bY the jury"
-. " ln response to tlc gentleman" says Weber,
stan'l shat e l,as statei hcretofore-ti.ut h 'hey
are not trying Manic Stevens. Or coltrse fhtY
wi'1 say tta al rcera'o that, but that Is Just
20. :" We aro not tryl,.g Mamie steveus,' SAYS
storrs, with emphasis, "a,l Rhall contradict
that every ti.ne sl'at statement IL made"
,"certatnlY," Gcts tuck Weber. ''but That's
tl4t ho discovered certain letter signed BY tlio
s!ano Ut Billy Davis. They nsIs II Tint letter al.
dressed to William c. Davis, or SONG other per-
soIl. was dtsco!crcd in big wtfc's possrss!on.
Z. DAvts. or BILLY Dnyls,' were one nlltl tlp
banlc person, nt,d }e can have clearly uu nfor-
InatioH uf that unless he :yut II fron Ills wife
Il'e inct that abe l'ai humber Of letters III ilrr
possusslon written a.rl u.lsant, rnn,lDt br nl-
'l'lEted as proving supposcd state Of fnsaulty."
MORE sQUAnBL1Na.
"Ihls Is virtually Introducing" says Mills,
"a statement that tic wlfo nadc to the defend
ant. Tile letter, which II isn't claimed was sent
By her, 'sns In hes possession. Now, I obJuct 10
The evidence on tho ground That they Intend aud
otfcr 10 lroyc part Of tl1e contents OF tho let
tcr,-tlic address Of ofit,-nntl tlatis part OF uu
alleged statement brought to the knowledge Ut
Pcter Stevens. Tint Is to Bay, thu eddrrss Of
this letter."
s'1llcrc is n ycry broad dibtinctton," remarks
the Court, "ncswccn conversations between
husband nlll wife, nl.l d communication which
the wife ufakcs to another person, either ycr.
bally Or othrrwisc.'
"Dut this was not scut," urges Mills.
u understand tllat,h replies the Court,
suppose, for INSTANCE, lie undertakes to prove
by him tilHt ie tad overheard conversation be-
tween one Ut these parties anl LIS wife. 1t
would bc about tho same thing In effect, or tu
substance. 1t would bo no conversation with
thu husband; she would not bo acting under tic
power Of tho hlisba,,tl.''
Hut,h tnStRts Mr. Weber, " he says he never
Met Mr. Davis"
''1t wus In llcr possession" replies tho Court.
"The presumption Is, 1t iatt never been sent.
aa WAS yr 10 cf En- sdatst1S1 i, to
rule, and will admit i!lr contellts OF it,-tlat
IL, II they werr destroyed ulsu."
destroyed 1t n,,self" says tho wtucsg,
p,ttlng u new Aspcct oti tho situation.
" Then D1est to lIfS IrXtIfpints. ~ n,irsraa