New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-09-18
MR.. CONKLING'S ARGUMENT.
THE MISSOURI PACIFIC RAILWAY SUIT.
THE Ex-sENX M HEARD ON THE QUESTION OF
ADMIT1.NG CERTAIN EVIDENCE.

THE Ex-sENNsaR HEARD ON THE QUESTION OF
ADMITTING CERTAIN EVIDENCE.
A formidable array of counsel awaited Ross
coo Conkin' argument IN the Missouri racine ha"%y
suit yesterday morning. The ex-senator was t"ou'y
minutes late. when bis form filed IN the doorway o.
Referee DIV gifts Office there was murmur Oh sa,sae
ton VII Oh deepened gradually into chorus or wei
come as he placed his white hat bOols-raek ran ms
fingers through his thinning eurls aud took his seat be-
side bis associates exJudge Beach and Mason W. Tyler
Directly tho long table. at the head oil when
Mr.. Dwight Sat, ex~Judge George f. ComstoeK'
Henry L. Clinton, Melville Day and W b. Putney all oil
whom represented the interests OF Commodore Carl
SON. the defendant Last spring the question of the
admssiby of testimony arose In relation W Ihe o'@
contract which made between Peter Marie ana h'e
other stockholders and the defendant by Which lney
surrendered 600 shares of the stock OF the railway 10
Commodore Garrison upon his promise TO return the
to shareholders after he had obtained contro Oh INC
company. Mr.. Conkng cOntended that tue testimony
should be admitted; his opponents held that IL Shou
not. The argument yesterday was on MOTION 10
allow it's admission. Mr.. Conkling began In MS usua
manner speaking slowly aud deliberately. As he went
on he pcrspred freely and used his dampened hahdHer
chief TO emphasize his remarks.
81 have listened with profit and instruction." no
begsn to the arguments OF the learned counsel oppOs
ing this notion for there sevenytwo octave foos OF
Ia points on a single species OF evidence My brother
Clinton has been nourishng arguments since our last
adjournment,
been fetching authorities without limit and without
space If they 40 thunder In the index, what must we
expcctiu the volume Of this casef Therefore VIII not
attempt fully TO the learned counsel could not
II would and would not II could MI COnknng
selected pile OF manuscript from his papers and referred
to it'll This is not all argument"
MI Comstock OBSERVATION-DISCLOSURES
CLEARED" explained Mr.. Conkng, THAT might ter
| rfy YOU by Numbering such heavy artillery"
Then followed long exposition OF the law aud equity
OF the case. Possibly" continued Mr. Conklng, De.
fore tins Is ended it turn out thatthe plaintiffs
are not the persOns who seek relief Mr. Day said some
time ago the judgment OF the Court OF Appeals
has influence and throws no light on this case out
that abatement deny IN toto" and Mr. COnking shook
his forcGnger at Mr.. Day with much impresryeness,
while ex-Judge Beach made pyramids OF HE npgers'
"The case was founded oral agreement, the ex-
Senator went on, land will read from the reports OF
the OF Appeals to that effect We are told by the
learned counsel that this faultess contract cannot be
proved in New.YOrk but yet 1t Is bameless contract
In Missouri. May 1t please your Honor, you have seen
that history-that history which both you and the
learned counsel have helped make-refutes his propo-
stOn 1t says that man cannot hold property III man
And yet slavery times made for tine ira nSfer or
human beings held valid In this State And still
learned counsel says this contract can't be proved
turn now to the brief of distinguished author and
jurs whose cannot be strengthened by anything
l can add"
"Who isiti" eagerly inquired Mr.. ComstOck.
"Y)u own" Mr.. Conkug replied. NOW your Honor
appeal Philip when he is with u.s. from Philip when
he il against us."
"sober, every time" observed Mr.. COmstock apollo
getcaly.
"And" said Mr. Conkling, "f the contract, for the
sake Of argument void because OF its implied usury.
even then the contract Is not nahum IN Sc Usury ID
simply arbitrary quite much 50 as those gov"
erning tue sale of liquor. Is wiue m0Iun' in ser
,tl,sr aantIfx Ttna
save once and then he referred the Bible saying Inc
| knew only of man who was mentioned there as
drinking water. he in hell. where lie onght TO
have BEEN Has the Democratic party any objection TO
| winei And perhaps my learned friends who are tho
tIpOnelts of that mighty organization VIII t1pian II
wiue nahum IN So way II Il hat me part mas ,ouhued
! its principle il wIue-Or wnIskey. snOnid say"
Beware, MIR. CObkilng,N exclaimed Mr. Com5tock
| cutting tntO judge Bedo1, your associate
NOT at H." replied the speaker; he can ttand IT,
| He knows Oetttr ana yOu DO not 49,,
| s.5uDyDse," inquired Referee Dwight, "tnat leUer
which you mention was tn realty VOld "ouiu nOl tne
or sInai cluim sufficient consideration for the
| transfer of the whole property u
81 AN afraid yoI have spoiled my whole argument'
REPLIED Mr. COukin 81 you disniss the discussion OF
measure heapcd uPand running over ana upon tns
record there 10 no plea that 1t was not uiumphah'V
/ good IN Missouri IT,,
continued his argument n his own office, 10 which the
RI zee mad adjourned the hetrns Toe main feature ~
the afteruo ms nearing Mr. tOnklugs arrangement
Commodore GarrlsOns peculiar transactions WIN the
pilutis lie sad mat AFTER the agreement ah peeu
| made Commodore Garrison wiped out tue pIaintlHs
| Stock junior mortgage would be should senior
mortgage be fOreclO,ed and then the lnd De swallowed
| Dy car hqIdkc."
Toe hearing was adjourned until this morning, when
| Mr. COnkIiug Will COHClu 10 his argument.