New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-09-20
POINTS MADE BY CoNKLTe.,a
THE Ex-sENAToR's ARGUMENT FINIsHEn
A SHARP ARRANGEMENT OF coMMopoRw c.pp,so..
INDIGNANT AT INTERRUPTIONS

SHARP ARRANGEMENT OF COMMODORE Gapp,so
INDIGNANT AT INTERRUPTIONS.
Professor Dwight sat at one end cf Al.
table in Roscoe Conkngs ONCE yesterday ana bss,s
referee, the conclusion of the x-enaors srgumsn, -
Missouri Pacific Railway suit Mr. Conkilne s,oo, -.
the other end, intrenched behind bresstwork AZ
books ExJudge Comstock, sedate and dIgaiae5 sat :.
Mr. Conkliugs left and showed no signs O, yunerae'
when the ex-senator attacked him ia the heat ., .
ment In the waiting-room without the offlc. ve,s
number OF attentive listeners Mr.. Conklng .nsn,
greater part OF the morning in reading authorities
the course OF his argument Mr. Conking spoke Of
ments and the relations they bore to the uresep, 49,
Mr. Comstock said ne failed to appreciate uuon 80
easements mr. Conklings arguments were ound.a
"The learned counsel" replied Mr.. Conkfav
minds me of the story of amaa Who disputng with a.
other, cried, 'we sir az the foundation of the vo,S
where, sir, where were your"
"Will you alo me to see that book TO which ,,o, .
ferredf asked Mr.. Comstock.
"Oh, no! shall embrace it. for In it Is the my.,. .
mysteries. When fathom them will lead yos thro
them unscathed."
But about the mans position at the fonndat,ou a, ~
world" mterposed the referee, "whers was he :,
"Ah," replied Mr. Conkling "on that p,in, tina co...
mas not decided, or at least Its decision has not be
reported But say that your gonor sits tbers :.
Chancellor, and as regard this as case in equity -.
will stale 1t to the equity ear of the Court-wbIohs,s.
ear that may be. Aud here wish to refer 10 section
$3.50 OF the Code"
"3,339l' inquired Mr. Comstock
"fes, Judge And you'll be surprised whom you nea
what section it is IL relates to tho aboishment Of M
distinction between proceedings In law and equityl IL
is an abIeboded seconthe accumu on OF che learn
ing o 1000 years But II you wish me 10 read IT all
am afraid the section viii be kangaroo section with ia
strength in its hind legs. Garrison the verbal contraet
tn
son, butsmpy to organize the road. Does Mr. Cinso,
question thatf
"Idont want to answerit now, but wiI,n replsi
Mr. Clinton.
DONE think you WILL for your senior counsel has thai
statement on his brief But You may WISH to deny it, "a
refuse to admit 1t, or to pair of with yourself and avoid
IL altogether" Mr. Conking gave Hypothetical casa
where one person acts tor several other persons
"Call him an agent" suggested Mr.. Comstock
"Were youa descendant OF a great historic race {.
continued the speaker, 81 should say, thank thee
Jew, teaching that word Garrison was an sre,t
and agent In Tar greater nober agency than a
action. The learned counsel cannot ds
concert me-"
Pardon me-" apologized Mr. Comstoek; "Iaid not
mean to. l appreciate the difficulty Of that unden
taking"
technical objection made in reference TO tina
wording of the peadings and Mr. Colkug deaaed the
words "sale and price" Mr. Coms.ock said 10 tina
referee la low tone tnat he did not tank discussion on
that point at all material
"Mr Lomstock" exclaimed Mr. Conkling. "you have
Interrupted me often IN tubs argument that feel con-
sirahe 10 say that III thls present Instance You have
rausgressec tue rules OF good breeding. wild per-
init THESE Intel ruptoDs, because they entirely
called Tor but VIII prove you the correct meaning OF
these words by al authority Dlgh II not higher than
yourself cor they appear naked and alone in the
5ldtute-ln the lrtle Oi tAe law.
Suppose" continued bIr Conkling, take second
Hypothetical case. offer you $4,000 II you will write
your rec0lections aDd INNS ~ 10 make nlm
II you assented, and you do assent By the n0ddng Of
your mead come within the statute OF frauds I"
" ma. said Ar. Consock, "wrl.e my rec elections
OF tns case wnen through with it,"
- lie careful, Judge; # yon should. you would wreck
the speDdd reputation you nave galued during long
ahd magnncently successful Iega career"
Well, l won't DegD it"
=" III you should you would never leave of."
Mr.. Conkiing Jnen concluded his argument and ma1o
lerce tgnmrnt OF Commodore Garrison IN relation
- his dealings with tue palntls. ExJudgc BeacR will
present supplementary pOnts Ia behalf oI me planu1s
this morning