Year: 1875




the object Of present evidence and that wod nave
that effect II s admitted and that would have that ef
feet counerposing and countervaling the rebutns
evidence Of this plaintiff cannot be doubted Ana we
within the rule that you must meet rebuting evil
dence by the contradiction OF the particular witness In
the fact that he states II you introduce in answer to
that fact newly introduced in that rebuttal an opposite
fact that counervas IT, not in the truth OF the fact intro
duced into the rebutl but in its import OF value AZ
bearing upon evidence in the IL s strictly within
the line 1t seems lie, Of rebtal That is our
proposition.


Judge Neson-I think we will take the answer SIR 1t
Ii q very remote matter.


Mr.. Beach-We your Honor will please consider this
question before you rule in favor OF this proposition
This strictly Sir cumulative evidence to that which
was given upon the defense They presented the issue IN
regard TO the circulation OF these slips anterior to the
publication in The woodhuH Cidfin Weekly Of NOvem-
ber 1872 They gave evidence Of this precise character
-identicay the same srthAt slips OF that article we're
circulated and by Others during the preceding
months to its publication. We then content ourselves
with the production of evidence upon that affirmative
issue presented by the defense and by Mr. An
drews that he the author Of this article and did
not commence Its preparation until few days before ITS
publication. And show, in addition that between
Spring and Fall Of 1872 not that the press OF Woodruff
Clafin suspended but that the publication OF the
paper suspended And now they propose, Sir, in
surrebuttal, in with this cumulative evidence,
thus opening the issue to which gave nothing but
answering proof upon rebuttal Now, II your Honor
is disposed to open the issues this and permit
additional evidence TO be given because If this evidence
received must have opportunity TO meet IT, 1t is


departure from the ordinary rules OF evidence. 1t Is
clearly cumulative evidence upon issue which they
presented, upon which they have the affirmative
and worse than that, it is OF the same
identical characer which they upon the opening
OF their defense and which answered in our reply
Now Sir there dispute OF this proposition refer
ence 70 the minutes-the recOrd-yill show that this
statement Is strictly accurate, and your Honor has here
ofore with good deal Of strcnes in onr replies to the
evidence upon confined TO the rules or
animation not having permitted US in single instance
10 wander beyond the srictncss OF those rules ana
submit 10 your Honor with great earnestnes tnat ths
will be the first departure from the application OF those
rules which your Honor has made since the affirmative
the part Of the plaintiff and the defendant have
been produced. Now your Honor has made the remark
| that this Ia extremely remote.


Judge Neilson-well. would like 70 ask you what
| earthly bearing II has upon this easel


Mr. Beach, submt ted to your Honor heretofore,
Sir that has bearing upon the issue that II Is en-
trely collateral They presented that issue and upon
our objection yonr Honor received that evidence and
after have, upon each side exhausted our evidence
upon that and rested you permit them to come
in, il you admit this evidence with additional proof in
support Of their opening upon The defense and upon
question that has but this very distant and collateral bear
ing upon the merits Of the issue submit 10 your Honor
that il would he irresarity in the course OF this
trial which should very much, regret TO have estab-


shed precedent in this case, because assure your
| Honor that ii Is opening issue which will necessarily
lead 10 further protracted investigation. and we must
ask your Honor If you permit this departure from the
rules Of evidence, to give opportunity to prepare
| TO meet IT, II takes entirely by surprise, Sir,
| Judge Neson-I think will take the general answer.
Repeat this que stion Mr. stcnOgapher Can you find


The Tribune stcnographer lreadngl Now, Mr.. Mills,
had you any time prior 10 your reading and exanina


ton Of this pubeaton the substance Of II in type.
either in proofsps other form. before that time
The Witness-I hal.


Mr. Fullerion-WeH. one noment-the substance Of it,
| 9irl


| Judge Neison-well let him yes or no.


Mr. FuertonWell, sir that is not IN contradiction Of
anything We have proven.


Judge Neilson-Well. leave on the word substance
| Mr. Hill Well leave out the word " substance