The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1884-09-17

counsel, but they do not come in my judg-
ment within thousand leagues of the ques-
ton here. In regard to the ruling by Justice
Davis / am very certain that he made no ruI-
ing on the question. His ruling was with
reference to interrogatories to be put to a
jury. This question was never before JUS
tice Davis. There is no tradition of its ever
being before Justice Davis. That was case
to which the term "conundrums" was applied.
We think we are entitled to ruling
upon this question for the reasons that we are
as anxious as the gentlemen on the other
side for an early trial, and that is one o. the
reasons for obtaining an answer to the inter
rogatories filed with the pleadings. 1t might
expedite it very much. The charges made
in this libel suit are very serious, and the
facts to which these interrogatories relate are
of the most serious character, and there is
one persons evidence we are undeniabiy en-
titled to in advance, if this trial is to be ex-
pedited, and if it is to occur at an early date.
The name of that witness is conference.-the
conscience of the plaintiff. We are seeking
an answer from that-the facts. The de-
hberate attempt to suppress such answers
and to prevent such answers and delay such
answers is almost as eliminating
General Harrison-I do not think me gen.
tleman should go so far.
The Court do not believe l will inter
rupt the argument.
Judge Turpie-We are entitled TO the thing
we have alluded to, so that we may produce
the elements of testimony. The gentleman
might nave twenty or thirty days. We
should n otobject to any reasonable delay,
but the attempt not TO answer at all, the re-
fusal to answer, and the long unbroken ST.
lence is almost as eliminating as confession
itself.
Judge Woods-These views of the case
have no connection with the matter now I'M
der consideration. 1t does not apply to the
il may bear upon the duty of the plaintiff to
the country.
Mr.. Turpie-I thought it applicable or 1
would not have presented it.
Judge Woods-This discussion, gentlemen,
has not changed my views in reference to
this question. 1t is conceded now that mo-
tons have several times been made in this
Court, and that the rule has never been
granted. Judge Lowelrs decision is cited
as to the propriety of granting such rules.
Ny own personal desire is, when 1 shall
finally pass upon the question, as 1 proba-
by must some time, to reach the same con-
clusion that Judge Lowell did. Judge Low
ell says that, in his opinion, the question is
very doubtful one. He comedies the con-
flct between his reasoning and that of
Judge Dyer upon the subject. The reason
ing OF Judge Dyer in the case decided
by him, as recorded in Bliss, would be
sgeinSt the granting OF a rule to have these
interTogatiOns answered. The reasoning OF
Judge Blatchford. as l understand it Il have
not myself examined the case) seems to be
in the same direction. That reasoning, if
coed. breaks the force of the rules OF this
Court These rules are general in their
terms, and, of course, would not impart
into the practices of the Court anything
inconsistent with the laws of the United
States on a subject relevant to practice.
Judge Dyer and Judge Blatchford reason
that in reference to the obtaining of testi-
mOny the statutes of the United States are
already explicit Judge Lowell takes the
opposite view OF that question. The judges
OF this Court have themselves in
terpreted the rules which they
have adopted thus far by refusing 70
grant motions asking tor answers to interro-
cations. !, therefore, in view of all these
decisions, stil1 regard the question as a
doubtful one. / still think 1t would be i'm
proper for me to decide it until / can con-
suit with the Circuit Court. / do not re.
gard it as important in this case in
any other case, because there are other
modes of accomplishing the same result
which / suppose are open to the parties;
therefore, do not feel compelled to reach a
conclusion now on the subject. do not see
that any interest is imperiled. therefore
refuse to enter any rule requiring these in
terrogatories to be answered, reiterating my
desire that when the question shall come to
be determined that we shall reach the same
conclusion Judge Lowell did on the subject
An earnest, intelligent body of men is the
Roadmasters' Association, in session for two
davS in fbia cIfu Soma 0f tho nam bor