Year: 1871

on the papers presented before we open DO not SEQ


Judge Barnard~ff there Is no Objection you may pre-
sent your arguments on the closing Of it.
II desirable II the other aide will furnish with copy
Of their papers that may have opportunity
OF preparation and he thinks he would ike 10 commence


Judge Barnard II the testimony be finished by -
O'Clock tomorrow and Judge Beach Ia 10 60 away next


morning then think that the practice OF the Court must


Mr. Bsrrett-You can see the impossibtv Of any gen
tleman taking up OF papers such AZ has been read
here, and proceeding Immediately with the argument
his adversary intends to insist upon as legal position in
reference to these papers II Judge Beach at the close
gimcn and give Of the points they take then
will either open our case next DAY and let the other
and close the discussion But to 60 tomorrow at the
9Tse Tf @ %oad as 90 m
could not do his client nor the community generally


Judge Barnard-lf the papers arc 40 vo!umnous, and
you cannot look them after the reading and testi-
mOny tomorrow, why not postpone 1t for week ten


Mr. Barrett-Ah! that would be-


Mr.. Bcach-Allow me word on this question Of prac,
tCe. With great respect do not think that the original
parfc application is to be considered the opening Of
views and the argument on the law Which were pre-.
sencd to your Honor that occasion II. upon this
Honor holds that they have the opening then think it
clear that they should open the argument here after


Judge Barnard can compel them to read the papers
alter the opening is concluded.


Mr.. Beach-If they make no opening by an argument
we are not compelled to respond by argument and IL
they choose to put in that light acquesec. From
the Importance OF the legal questions involved it seems


to me desirable that there should be full discussion
by counsel But that defendants should lie COM
PEELED to open the argument without any discussion OF
the views OF The other side which intended to be dis
cusscd by them, to to be departure from the
ordinary mode Of debate in court. Therefore, IL arg1l
mcnt is to be had they must open It, and furnish ii with
the points on which they intend tn rely.


Judge Barnard-Ihey willing to do that; or they
will 20 Tomorrow.


Mr.. Barrett-Judgr Beach desires TO go away tOmor
row. He closes with the reading of the papers Then
why not make his argument. and Thursday morning
MI StIaan will open the on our side and then MI
OGUIman can follow him.


Judge Beach, might 90 on and make speech now.
hut quite thankful for the courtesy and kindness OF
the COunsCs suggestions but happen to have i'll trust
the interest OF Mr.. Connolly in this case, and am
anxious to conclude the Iuatcr before / go. do not
want to he subject to any embarrassment in the
Judge BaruardYOu had better get ready. Mr. Beach
Mr.. OGorman-Thc difficulty of accommodating the
views Of all the counsel in this induce to ndurse
the suggestion which fell from your Honor. that the
whole stand for davs until Mr. Il ach Is
dlscngaRed and can attend. the difficulty Of the
counsel no prcSt nj not hcing when the
is argued. wish them to be all together that
account.


Mr. Bdrrctt-Wc would much rather make great Of
fort. and 60 on ton


Mr. Bcach-Nery we'll We will go tomorrow.
Tbcarguncnt was adjourned TIL to-day at IL o'clock