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![handle is hein.trials/abac0001 and id is 1 raw text is: NATHANIEL C. MOAK
TO
HON. DAVID DUDLEY FIELD
RELATIVE TO THE
CODE OF EVIDENCE AND CODIFICATION OF COMMON LAW.
ALBANY, June 24, 1886.
Hon. DAVID DUDLEY FIELD:
DEAR SIR: - Having, at request of Gov. Hill, hastily read some
fifty sections of the Code of Evidence and given him my views
thereon, without having once mentioned your name or that of any
other gentleman, I find in the Argus what you are pleased to call
A Reply to Mr. Moak's Reasons Why the Code of Evidence
Should not Become a Law. I append a copy of my statement and
of your reply. I invited no controversy save as the fallacy of my
views, if they were fallacious, subjected them to exposure.
There are two periods in the life of every man when he is dog-
matic and intolerant, and when he mistakes assertions and hard
names for logic. You and I have passed the first. I have not, I
hope, reached the second. You have so long advocated and sought
to thrust upon the people codes of all kinds that I was fully pre-
pared to concede that you really believed in them ; but why, pray,
are you not willing to concede to me equal good faith in my disbe-
lief in them? In what I said to Gov. ill I ave my authorities
for each of my propositions, expecting, if the former did not sustain
the latter, their fallacies would be at once discovered and laid bare.
After a careful reading of your answer, I do not find that you deny
that any one of the positions I took was amply sustained by the
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