Year: 1875

the same ground.


Mr. She annan-his should be connected with what last
read They then again with them and endea'oed 70
persuade him." We offer that your Honor


Judge Neson-Those ruled Yon take an eIcepuoh
~ the whole any part Of H.


Mr.. Evsrts-Perhaps yocr Honor might remember hat 7s
bear upon the question OF the efforts charged upon
Mr. Beecher Of trying to conciate this lady and 70
temporze concerning this story by showing that these genue
men, Mr. Ton and Mr. Moulton, acting In her interest
to accomplish the result TO wit the benefit to the school OF
morals and philosophy which she advocate We have
had great deal about that and this bears upon that


Mr. Fullerton-Ye- Sir your Honor will noforget after
that observation, that Mr.. Moutons connection win ths
woman from first last simply for the purpose OF saving
Mr. Beecher exposue that hs acquaintance
when he undertook him. and ended when be found that
he could not accomplish his object.


Mr. Eyarts-That is your view


Mr. Fulerton-Yes; that my views that is the reason
mention il.


Mr. Eyars-we offer this bearing on that view and con-
tradicting it,


Judge Neilson-T cannot receive it, think, ar MI smear
man, that exhausts the argumentf


Mr. Evars-our exceptions have been noted think


Judge Nelson-Yes sir generally they are cay gcnerany
IL there any omission Of an exception where an oOecon
been made wish TO generally that there IL any
omission Of the exception in connection with any opee
ton, it can be entered hereafter.


Mr. Beach, hope trust your Honor viii not give the
party exception which he does not take am seriously
opposed TO settlement Of and think the
party should take his exception on the trial.


Mr. Evarts-Hs Honor where the Line Of exception
! already indicated, suppose.


Mr. Beach, don't know what he but object TO that
rule


Mr. Evars-Now your Honors ruling upon ths gen.
era proposition Of that the introduction which the pan
had given this story this publication, entities us to read
parts it, irrespective OF the question whether they BY
themselves admissible understand your Honor heces
sarily rule against that view.


Mr. Beach, his Honor have ruled that aree
liberty give in evidence any part Of this publication which
tends qualify explain the portion Of to which we re-
iered evidence That the rule al any rate Tor winch
contend, and we ask other rule.


Judge Nelson-we ruled first that this statement was
brought in certain degree by the evidence which
given part Of the plaintiff with reference to the
pistol and with reference to the story and we nave heard
much Of the story supposed applied to the matter re-
fered by that evidence. think that all the ruling that is
called for


Mr. Mos-we have heard just the portion tha, does not ap
ply to that.


Mr. Fuleron-Your foges that everything in relation
the pistol called in the crossexamnaon, and
upon the direct at ALL


Judge Neilson-It may be co. think will proceed now.


Mr Evarts-Now my learned friend has just laid down
that think would have admitted all the evidence that
your Honor has eXcaded that say that we have rgnt
read any part Of this that qualities OF Affects the part that
they have introduced in evidence.


Judge NesonMy intention to LEI you read any part OF


which would point the evidence given on the part OF the
plaintiff and show what that was referd to-staements
story, whatever.


Mr. Eyars-That we understand and we submit TO your
Honors ruling that in your Honors disposition OF the matter
the parts that you included do and the parts that you have
excnded do not come within that rule Now wish to pre-
serve the exception the question Of our right to read al
parts Of this statement by reason Of the panth
Of the part already given.


Judge Neison- could not hold that and you take an
ception on that


MT EyaTts-We take an exception.