Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-10-30

Ne Badgers a Witness almost 70
Distraction, and IA Called =
Binckguard By the OpposinG
Counsel.

We badgers q Witness Almost 20
Distraction, and IA Called =
Binekguard By the OpposinG
Counsel.
Special to the Commercial Gazette.
PHILADELPHIA. October 26.-Sel.
dom has there been heard 9 more in
teresting examination Of witnesses in
any civil suit Of recent times than that
made to-day at Trenton, in the case Of
William Dinsmore, asking for aprt-
liminary injunction against the Gen.
trail Railroad Of New Jersey, TO re-
strain the Philadelphia and Reading
Railroad from obtaining control Of the
franchises Of the former corporation.
Roscoe C0nklihg displayed all the cut
ting satire and exasperAting manner
of inquiry, in his examination Of the
principal witnesses, Of which he is
capable. Edward H.FAulkner, whose
examination in New York was inter
rupted yesterday, was first placed upon
the stand. Mr., Conkling began the
attack at once. The witness insisted
upon adding an explanation TO his an
swers, which brought forth from the
great lawyer the remark; "Will you
be good enough not to start of again
unless you can hold yourselfin2"
II want to tell you all. You can
have the whole truth il you want il"
From your"
Yes"
From your
Yes, | want to tell the whole
truth.
You surprise ne"
Mr.. Gowen asked that the taking
Of testimony be suspended and Judge
Dixon sent for to protect the witness
from insults of the counsel.
Oonkling blandIy begged the clerk
to overlook these outbursts upon the
part OF the counsel on the other side.
They are pAroxysms due to internal
disorders over which he has no con-
troll"
Gowen insisted on his motion. He
had never heard such cpprobrious
epithets applied to a witness in any
court as the counsel delighted to heap
upon the witnesses 10 this case.
Did you say opprobrious or appro
priAte2" interrupted Conkling. Judge
Dixon was in the room, and Gowen
passionately appealed to him, Tin the
name Of the profession and the law"
to protect the witness from the "vio-
lent, brutal and outrageous abuse Of
the counsel on the other side"
Judge Dixon was called from the
room for few minutes, and while he
was gone the lawyers glared at one
another in silence.
When he returned he said: "Mr.
Examiner, what is the trouble now?"
After the Clerk had stated the case.
Conkliug declared that the foul
mouthed assertions OF the counsel on
the other side" were entirely unsus-
tanned BY anything which himself OF
his associates had said to the witness.
He outlined Faulkner's testimony on
direct examination, and he declared
that he proposed on cross examina>
ton, out Of his own mouth, to con.
Wet him either Of being "a black.
mailer or q lunatic." This may be
brutal, but it is the purpose Of my
questions, and | propose to state Il
fully to Your Honor. | shall deem
myself most fortunate if Your
Honor will remain and listen 10 the
questions and answers"
After torturing Faulkner for nearly
three hours. and until the man was in
a state bordering on frenzy, Conkling
said:
well, Mr.. Witness, / think I'll let
you 60 by a large majority"
GoWen then began q redirect exam.
nation. As he was asking question,
Conkling. who sat some distance from
Faulkner,in conversation with another
lawyer, said in q low tone, referring
to the witness, That man is a sosun-
/ drel."
Gowen overheard the remark, aud,
turning quickly to the stenographer'
exclaimed: Put that down. He
called the witness id scoundrel {"
Conkling coolly replied: "No one
would repeat a side remark, made
under such circumstances, except
BLACKBOARD"
Then you are the BLACKBOARD"
shouted Gowen, angrily.
Conkling sprang to his feet, his face
flushing angrily, and said: IL made
the remark TO another person, in a low
tone Of voice No gentleman would
repeat such thing unless he forgot
himself"
Gowen stood up, his beardless face
working with passion. The audience
became greatly excited and pressed
forward toward the railing. The law.
yers rose to their feet and bent forward
to watch. Beside Conkling was Sew
ard, hall out Of his chair, lock OF his
long gray hair hanging over his fore.
head. Secretary Robeson's fiery face
was thrust forward excitedly between
the combatants. Little Kaercher
squeezed between Gowen and the big
table, smiled nervously and pulled his
mustache.
u am perfectly willing" shouted
Gowen, TO be assailed for protecting
a deaf gentleman like the witness, fro N
the outrage inflicted upon him BY the
counsel. II was the part Of human
nature to do SO. feel proud To have
done it."
The audience applauded the sound
Of his voice. The words could scarce
ly be distinguished in the confusion.
They're going to fight" shouted
some one, pointing TO the two men
glariug into each others faces.
IF this disorder is repeated, the
officers will clear the courtroom, "
said Clerk 0liphant. Proceed with
the examination"
When quiet reigncd again, the wit.
ness continued his long stories, in>
tended 10 explain away the facts
brought out by the cross examination.
When he had ended, Conkling once
more went at him and succeeded in
making him contradict himself in
important particulars. Gowen asked
q few more questions, and finally at
nearly 3 O'Clock the witness was allow
ed to 60.
FARMISGroE, ILL-Dr NJ T Gamble