Year: 1875

GEN. TRACYS EXPLANATION OBJECTED TO.
| Mr.. Beach-Mr Tracy do you propose to be
witness to what you about to states
Mr.. Tracy-If necessary do Sir


Mr. Beach, submit to your Honor, that the gentleman has
right long written personal statement in his open
ing the jury which he does propose to verify wit
| 1t is not the Office Of an opening.


Judge Nelson presume that the counsel proposes 10 be
| witness to what he states in his opening.


Mr. Beach, don't think your Honor that that
bio prescription when he states that he making personal
explanation do understand that there any proposition
| that he is TO be a witness to 1t.


Judge Neilson-No; understand however, that when
counsel makes he docs with the expectation Of
| proving it in some way.


Mr. Beacht would be ordinarily, Sir II the counsel
had pefaced what he processes to be personal
explanation by his that h such and thus with
drawing from the ordinary statement that is made by counsel
before jury Now, l. Of course Sir speak with little
hesitation this subject because am unwilling deny any
professional genemen whose conduct has been aaned tho
Of the trial full opportunity to make proper expana


the Court and this addressed to the Court
than opening the jury should take pos
bic exception to it, But do not perceive Sir, that it falls
within the scope and province Of opening the rules Of which
have been very greatly exceeded already b. the counsel to ten
| der personal explanations to the jury.


Judge Nelson-t proper only the assumption that ho
proposes prove form, what he is about


M Beach-And therefore, asked the counsel whether he
intended witness to the explanation he offers
to jury and whether the in explanation
be verified by him witness whether it per-
sonal excupspaon of himself intended be proved By
| witnesses.


Jedge Nelson-n the latter event would not be proper


Mr. BeachIn that view, addressed the inquiry counsel
and understand learned counsel ayow
| to be a witness.


your Honor please General Tracys statement
concerning the matters he approaches shall be governed
and will be governed by the rules that guide counsel
opening matters in which they not parties
and in to the question put by learned friend
General Tracy promptly answered that il necessary he
should be a witness himself to prove it,


Judge Neison-At the time he would be liberty to
| prove it otherwise


Mr. Beach-Thst does not Che point IL your Honor
please the counsel had prefaced his approach to this
portion Of his address to the jury by saying st he was
about making personal explanation should have made no
suggestion whatever either to the counsel to the Court


he had merely announced facts whatever might be con
tanned in the statement of personal explanation without pre-
facing characerzing lit in the he did should
have troubled him Honor My protest against
this counsel because his other stages this case
has been brought in question: in bis opening this Jury OF
what should be the mere facts he intended prove upon the
defense making personal explanation TO the Jury; and
| protest against it, Sir


Judge NesonThe personal explanation does not seem to
be called for Any that the learned counsel think
forms properly part Of the defense which expects pove
| it Is our duty to hear of course.


Mr. Porter-We claim Sir, in behalf the counsel for
defense who has been personally aagned with view OF
weakening his influence in speaking the defendantr
behalf the right to the facts propose to offer in
order to meet that arraignment 1t sarght.
Mr. Beech-Nobody objects to that.


Mr. Porter-We propose prove it, Sir choose and
| by what evidence We will. The counsel cannot
call upon US to specify the particular witness by
which propose to prove it (; he nterro-
rogate the counsel who is engaged in the opening Of
whether he the party by whom proof Is 10
be made That will depend upon subsequent DEVELOPMENTS In
| the


Mr. Beach-My point, Sir cannot be evaded or cban,ed
have made objection to the stating any fact
which they propose to prove in this case whether that
fact, when proved, will go to his exculpa,ion from
from the grave mpuaion which has been cast upon him in
the of this trial. mott it is as fact thai
he expects prove upon the trial have say But
when the upon separate and distinct portion OF
his opening and that that personal explanation
that he seeks make the Jary thus Withdrawing from the
ordinary statement Of facts, protest against that


Judge NesonI think Judge Porter will agree with you in
| that statement


Mr. PoerI do not know that understand the esrned gen.


eman II he be understood that when counsel open
ing case referring testimony he introduce uses
the word explain that that limits his right to speak must
take issue upon that.


| JUDGE Nelson-IIe does not do that


Mr. Porer-Genera Tracy has made avowal that he ia
commenting upon facts which do propose introduce
evidence, which not been introduced
side aaned first by the opening counsel afterwards
by the plaintiff and his witnessesan propose
meet do not propose 10 permit the plaintiff 10 elect, by
what counsel Henry Ward Beechr shall defend himself nor 10
permit counsel Of his election by foul asperson to be driven
the position to which he has been assigned But Sir in the
exercise OF his right counsellor Of this court there be
A question that he may comment upon the arragnment
| OF any witness that he may state how that
arragnment is to met in order that the jury may Justly
udc between party accusing and the party accued That
il Alright we claim 1t cannot be restricted by counsel and
submit Sir that be restricted by your Honor


Mr. Beach-A that II your Honor please have not dis
pued aud this excited appeal made by friend Mr. Porter
this Court altogether unjusded by the attitude have
sumed have stated and state it, Sir for the purpose Of
perspcuty that do not object to Mr. Tracy stating fact
which he processes prove in the Of this trial
have attempted to dictate to Henry Wand Beechcr what
counsel he shall employ have attempted exclude
gentleman who chooses TO appear from the conduct Of this
defense still insist Sir whatever counsel set upon
the part this defendant shall be governed by those ordinary
rules which govern counsel in the conduct Of before
court OF justice. say that this gentleman has grayey and
grossly exceeded the limits allowed counsel In the opening
OF case but have not chosen to object will not
say the appeal which has been made BY my
learned friend what my idea is of tho the
jury; time for that will In the Of
this case. What l do say Is SIR, that when this
gentleman thus situated this departs from the ordinary
couse Of opening part OF his address with
aoface thai be will make personal explanation 10 this