New-York tribune., 1883-10-27
EERoM THE REGULAR OoRREsrospKsr OF THE ralgurE. ]

nad already proved by testimony they hau taken Mhoh
Mr.. COnkling interrupted
What is the learned counscs purpose in making these
statements at this time am unable to understand
what he intends TO do"
cannot undertake to furnish tho counsel with the
means Of understanding my remarks" retOrted Mr.
Gowcn tary; "but II he Will listen two three minutes
he may understand"
4" II by listening for two or three minutes L can
understand anything that the counsel says,
will gladly pay that price for unusual privilege"
rctaliated Mr. Conkllng.
The Court remarked that in case where so many emf
ncnt counsel were engaged each side it exceedingly
difficult to get them to agree to anything; and he
inclined to think that, they all seemed to think that
the exceptions should first be got out OF the way he
inclined to believe that that would be the best thing to be
done.
Mr.. Gowcn then asked for postponement until next
week, in order that he might prepare himself
FIRST EXHIBITION OF TEMPER.
Mr.. Conkng spoke at length against this In auding
10 the portions Of the I'm tho case which the
personal affidavit OF Mr. Gowcn he begged the latters
pardon for having to alude to the statements contained
in by the legal term Of impertnent and scandalous"
"Are you speaking OF the answer" asked Mr. Gowen
in tone that implied the ad litlOn O-"Or of met"
"DOes tho learned counsel suppose that would apply
that term to anything but that answer and that part Of
that answer which s the oounses personal statement
And indeed have at any tlme in any court seen
any document that moro deserved the epthct" replied
Mr Conklmg
He suggested that strange the counsel who in
vented and this answer" should need time to
prepare for its defence The defence he sad seemed to
think that tho complainant like the who came
to river and sat the bank to wait for it to by that
he might cross.
ave ready to listen to your HonOr's decision; we
desire further tapping OF the barrel said Mr RObesOn
when Mr. Coukling had finished.
The Court finally decided that It would hear arguments
on tho exceptions to the answer on Monday morning
next
The taking OF testimony was resumed before Clork
Olphant half hour later. Edward H. Faulkner, whose
Crosscxamination interrupted in NewYOrk by the
adjournment yesterday, was the first witness.
Mr. Conkng began 70 press his questions closely to
h. transactions when and after he member Of the
firm Of Borwind, White Co., which the answer alleges
Is given special secret by tho Pennsylvania Rail
road Mr.. Robson Interrupted ono of his questions
81 give way 10 the Secretary OF tho Navy" said Mr.
Conkny, sitting down with regal bow
The witness refused 70 answer the questions a5 they
were put Insisting upon making long explanations with
every ausnur Mr Contns said impaticntiy:
"W you De good enough 20 start on again unless
YOU can hold yourself in"
want to tell II all You can have ,lo whole truth II
you wantit'
From you"
Yes"
Froiu youw
Yes. want TO tell the whole truth
"Iou surprise me-"
AN ArrrNL TO TIE COURT.
Mr Gowcu uslcd that the taking OF testimony be su5-
pended and JuIg. Nixon br sent Tor 10 protect the wit
meas from the ia sults OF the counsel
Mr. Cputung Lllndly begged the Clerk 20 overlook
thc-counar, upon The part OF the counsel tho other
side. They plroNysm. due TO internal disorders
Mr. Goyou insisted on hi. notion lie had never
heard such opprobriou' cpitr. applied - "ituoa' IN
any court th' counsel d'nsn'd to heap upon the wit
urs-c- iu This case.
Did you say opproDrious or appropriate inter
Uptrd MT CoukIug.
jude Nixon was In the room. and Mr. Gow'n passion
arly lyappralrd 10 him, in the name or the profession
and the law to prot'c the Witnesses from tho " violent
brutal and outrageous abuse Of the counsel on the other
side"
Judge Nixon wa, called from the room for Il fcw min
ucs and while hc gone the lawyer, Ellrcd at one
another In silence When he returned ne SAID; Mr. EN
amiuor what the trouble here r. After the clerk had
stated the ease Mr. Conkng declared that the foul
mouhcd assertion, Of the counsel on the other side" were
entirely uusustancd by anything which he or h5 associ
atcs had said to the witness He outlined Mr. Faukner'S
testimony ON direct examination and declared that he
proposed examination out OF his own mouth TO
convict him Of being either backmaer or lunato"
This may be brutal. but It Is the purpose of my ques
tlons, and propose to state it fully TO your Honor
shall deem myself most fortunate your Honor will re-
main and listen 20 the questions and answers"
Mr Coukng cndcayOrcd 10 show by the crasseNamina-
ton that the witness when ne left the firm OF Brrwind
white 4 Coz signed pledge upon his honor that he had
surrendered all letters and memoranda rotating 10 any
special rate, which the firm was given by tho Pcnn-yL
yana Railroad with view OF mpcaching the witnesses
crrdhity. Tho witness had signed such paper, hut
could not remember what was in t. He signed II IN order
20 end tho matter aud avoid fight
Finally Mr.. COukiiug produced a document and show
ing the witness the signature asked
els that your signature -
" II looks Ike it,"
" Have you any doubt about il !"
Lot mo soc the contents and Will tell you
Looking at the signature, have you any doubt that 1t
Is yours :" persisted Mr.. Conkng
Coming from the source which IL does would doubt
anythng!" exclaimed Mr. Faulkner
Let Inc see the paper" said Mr.. Gowcn
"whcn you arc entitled TO 1t You shall do So" said
MT Conkllng and added: know just when that time
will be-. II the counsel does not"
The witness also endoayored to show that the document
was sealed one and thought looked though the
seal had been put after no signed The paper
read and proved to he solemn declaration under Faull
ners hand and seal that he had retained no letters,
memoranda documents ofany sort ~ to matters which
were specified. The witness admitted that when he
signed II he knew It was untrue.
Mr. Conking then turned tho examination to the period
after Faulkner left tho firm, and produced letters which
he argued showed that tho witness had frequently and
pcrsscntly attempted To blckmal the members of the
m and officers OF the Pcnnsy lVania Railroad Company
l 'Alo'o tl'lI HIdtti Idlt
The witness admitted having written the letters. but
went into long explanations 10 show that his motive
not a bad ono.
Mr. Conkng asked him II signature to certain letter
which he showed him his
Let me see the date"
DO you wro your signature differently at different
datc- 2" asked Mr. COnkng he handed the ottor with
Others to the examiner 10 be marked
DO yOu offer them in eyidonoeP asked Mr.. GOwcn.
"Whcn do you shall know it," replied MI COnkling.
Finding IL impossible TO stop the flow of the witncSS'S
explanations, Mr.. Conklng ejaculaed "The witness is
going like water out OF spout lie Is automatic He
saw"
During this portion of the testimony Judge Nixon left
the
Don't stay long" said Mr.. Conkling apprehcnsivcly
"P return soon possible" replied the Judge, but