Year: 1875

From the Rochester IN. " Democrat.


Judge Fullerton asked Miss Turner:
"Do you know the price of patty2"
The witness said promptly: During
what state of the putty market2' Now,
then said the counsel, this is really
unbearable. Here | ask the witness
question demanding a plain answer
yes or no--and she prevaricates in this
astounding manner" Your honor"
said Mr. Evarts, will please bear in
mind that the market for putty varies


There is O hsil-storm, and putty rises.
There is q quiet neighborhood where
there are no small boys or other troubles,
and you can get putty there for nothing,
except in the inclement seasons peculiar
to this climate. The ingredients Of
which putty is composed are themselves
subject to fluctuations My distinguished
friend puts the question: Do you
know the price Of putty? and | submit
that the witness cannot answer the
question with mere yes or mo- To
use the negative would evidence gross
| ignorance of the cost of very common
article in the erection of buildings.
To use the affirmative would subject her
to the charge of insuHerable egotism
who of us can be expected to know the
price OF putty whenever called upon
Now, suppose my learned friend means
q general question as to the price OF
putty; but be has put the question in the
present tense. To find the exact price
| of putty at this moment, it would be
necessary for the most of US, | fancy, to
consult the glaciers and market reports.
There was applause in the gallery, and
Judge Nelson told the jsnitor to see
that that didn't occur again. 4" If your
honor please" said Mr. Beach, rising,
I'VE are trying to discover the state Of
an interior window in the plaintiff
house at the time the witness assumes
to have seen the defendant hanging pic
lures. We wish to show the quality Of
the darkness, the strength of the lights


the condition Of the atmosphere, the
cleanliness or otherwise of the panes Of
glass, the state of the sash at the period
referred to, and various other things
| Now, if this is to be shown clearly, your
honor will see that the plaintiffs knowl
edge or otherwise of the putty
business is most vital matter" Here
Mr.. Shearman arose and said
with some emphasis that the
question as put was unfair; he might al
NEST call it an insult to the witness


whereupon Judge Fullerton arose anC
said that was an imputstion upon hi,
character as lawyer which he woulC
not tamely submit to. More applause
and by Judge Nelson's direction red


headed man was taken out of the gallery
by the ear. your honor please, sale
Mr.. Evarts, my learned friend is lit
tie too sensitive. | dare say my colleague
meant no offense by bis remark, and
have noticed disposition on the part o
the prosecution to browbeat Sir,


said Judge Fullerton, in atoweiingrage
At this period all the counsel rose, witt
threatening gestures, and the spectator
craned their necks forward with eviden


expectancy. The counsel have use,
two expressions which are offensive, ant
will doubtless, withdraw them" sal,
Judge Nelson, with dignity. They wer
Immediately withdrawn, and Judge Ful
lerton again put the question, Do yol
know the price of putty2" I'VE object,


said Mr.. Evarts, promptly. docs tn
prosecution mean to show the exaC