The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-07-29
PEASE-.BURROWES.
The Case Argued in the Law Court
Yesterday.

The Exceptions to the Plaintiff as to Mrs.
Pease's Testimony-A Resume of the
Arguments
The case of John W. Pease VS.. Ed
ward T. Burrowes was before the Law
Court yesterday on exceptions and a mo-
ton for new trial by the plaintiff. The
counsel for plaintiff were E. NJ. Rand,
ESQ.,, and Seth L. Larrabee, ESQ.,, and
Symonds, Snow 6 Cook, were counsel
fof the defence,
The plaintiff claimed that Elizabeth F.
Pease, wife of the plaintiff, was improp-
erly allowed upon cross examination
against plaintiffs objection, to testify as
to the interviews and conversations
with third persons. all subsequent to her
receiving and reading the two letters
declared on and subsequent to an inter-
view between her and defendant on July
Is, 1892, and subsequent to her receiving
and reading on July 81, 1892, a third
anonymous letter.
The objections to this line of testimony
rest upon the following grounds:
1.--That all these interviews and converse
tons were subsequent to any act of the defend
ant alleged or proved by plaintiff as part OF this
case.
2.--That all these interviews were with
third persons, and in the presence OF neither
plaintiff nor defendant and simply res inter
dtois.
3.-That any statements of Mrs. Pease in
these interviews were inadmissible, even for
ti,or AoE +,rn1 fnfirf har Iuhi
not attempted
4.-That the evidence of the statements of
these persons at these interviews was merely
hearsay OF the most dangerous description
1t was claimed that the effect of the
admission of the testimony in regard to
these subsequent interviews necessa-
rily resulted in causing the true merits
of the controversy to be obscured, the at
ton of the jury to be wearied aud dis
traeted, and in leading them astray by
mass of improper testimony upon points
not in issue.
In his argument Judge Symonds said
he supposed it would not be denied that
under the exceptions as presented, the
whole cross examination of Mrs. Pease
is property the subject of investigation
by the Law Court; and 1T is the claim
of the defendant in the first instance that
the mere reading of that cross examina-
ton, without argument, is enough to
demonstrate its legal admissibility in the
strictest sense: that to exclude what was
absolutely clearly material to enable the
jury to Judge Justly of the oredibility of
the witness was not even within
the discretion of the court
or rather. that TO ex-
clude it would have been an exercise of
discretion so clearly erroneous as to he
the subject of execution.
Mrs. Pease was the chief witness. prac-
+;eal,v the on,r ,v;+r g for az lite
yV;tho,,+ ber as,;d Ilo ill., ~, INC pam
+ansa 81 oasa aesa;,,s+ -, ~" J@ea ~ -
1Tnse y, osse asaius1 one aeIenoant
was +be ono ui+ol Issue rs e., 1880 " ..oi
NV Voc thst ~ 80 aa,,a+l. - e1e s oiilio
visions am dream dreams # che I;, W. Si =,
a ,,,,roai ,nola .,hia I' : pug iiseu ~
her than the facts Of dailT life wo uad ~ ~
be within the limits of iudie;al discraO
tion. even. To excIude moot of II con,i,o,
fron, bar o,s,, jnso pe0- - ~
We recogniza and relv ,,,,o, +ha non
al rnla tbaf he 1in,its " u prns ono gei,ei
lion arc fived Nv +I,e ,i;sana4o,. as 10
nras;I;na i''s+ice . ND 4sor eGaon VI .le
fRnad 1T tb; S +,;a1 and - icy mele ~ ue-
Instance as If is oanaraiIr +hat u sn - 'nlS
aro;sa If discration ;s ny s .nas eu4a GA
cent;on - - NV 'uoJoo' " OK
R Mt had Mrs paosa,s +o,+;
oross'oxaY,inat;n, baare .psetni9ny VI
IN +ba axarcisa Of d;s en qloloueo, even
ge n,a;n, II yo,,ld ran aoi h eslonars powell
w Mr. Pease 1 nn d; raot oeem On ealori
o;uan av;Janee ~ mh hlo5ou eAanalailon Hau
Sanrae ir,nroh,hia sh es ISL ~ g iilg
tbs recent Of tbe n ltu sss doa "
,1non .nJ baS ~ iGouoi =; deeiaiou
,yav II Owe the ;r,rras . Gon4 III II. nei own
+be defandanf tbrn!r ~ tbsa saaS a,e saw
tLe nia1za on NV o. 1907 sn,'.a tG.soi VI
fore 10 o'clock at niabt to0A' 0o'no'iin oo-
O-Wba threJy +ba io+tor ~ A.
nap - 80 :" '-' ios'ei on 'io piaz-
Do Won nean tho ,onoo
o. mean the mar M n'''o'
S-As near as con- +ol, 49, mr.
,oyves ~ w. o''i- '0'i YOU Ail' Dur
She had then undertaken r. co.., +ho+
the nigbt of the 18th Of I'll, " o9a oa. on
than wear later1 Mr. R,rro,w ree1 Irno 10
her house at nigbt and had % oo 0@mo W