New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-09

i
Mr.. Fullerton-We have an answer to-day from Mr..
Beecher that he wasleft in doubt that subject That
left us In doubt however, as doubts run There "a az
| frmative evidence on that subject.
| Mr.. Evarts-We have right to clear that up.
Mr. Fullerton-No, you have not II Mrs Moulton said
anything In addition to what said that subject
they have right to It, Beyond that they cannot by
the rules Of evidence and here Ia attempt to introduce
into this conversations between Mr. Beecher and
Mrs MOultOn TO which have not directed attention
and we have not made any inquiries.
Judge NeilsonAnd to which they have not made any
inquiries.
Mr. Fuerton-Eyeni they had they could not. for 1t
would be collateral matter and they could not give it,
but they have made no inquiries on that subject.
Judge NeiIson-Yet the answer to be given now might
60 to Mrs. Moultons credit because she had not been In
terrogated on that subject.
Mr. FuertOn-It might be due to her that she shOuid
be asked In the first instance
Mr. Evarts-No, 1t Is nothing to the discredit OF MIS-
MoultOn.
Judge Neison-we might think 1t would not, and yet
1t might to the jury Within the rule you have right to
inteogae her, and give her chance In regard to mat
tor in regard to which she might be contradcted.
MrsEvarts-I can state my views In regard TO the
right given to us by their Introduction Of the intercourse
between Mr. Beecher and Mrs. Mouton. don't regard
them having put themselves distinctly upon definite
conversations and interviews defined in time and place
and circumstances and language at ALL either III respect
of the intercourse between Mrs. Mouton and Mr. Beecher
or between Mr. Mouton and Mr. Beecher, or Mr. Titon
and Mr. Beecher They have opened general relation
of confidence and common understanding and common
conversation establishing relation and system OF In
tercourso out Of which they have felt at liberty TO draw
such CONGRATULATIONS these in Mrs Mouons language
and in Mr.. Tltons language, and, think. In Mr. Mou-
toms language equally that is to say Mr. Beecher would
often say and giving result an impression Oh
general attitude and feeling and expression on the part
Beecher which is not reproduction OF particular
interview but is an assignment and definition OF general
attitude of Mr. Beecher this subject out OF which they
draw mpuations injurious. Now when that Is opeheu
in that way your Honor will perceive that unless being
the same by showing what the whole tenor ana
manner Of intercourse was, or by showing what the
character and manner OF supplementary interviews
were that they had left out of view II we cannot 90
that then placed at great disadvantage IN not
being able qualify and present in due coors the entire
tenor Of the intercourse this subject between mr
Beecher and Mrs. MOutOn. Now we can all agree that
in limited and defined interview that Is described
within its own meets and bounds which their light or
dealing with this defendant party to 1t open 10 them
and would exclude us from this as strangers, tat the
rule by which that does not give us an opportunity to IN
troduce separate and independent interview thus de-
fined by its meets and bounds is perfectly clear ana
understood but your Honor understands how par
cular interview that they should thus Introduce might
have had in 1t reference to previous interviews or pre-
yous relations and that that would open to Alright to
show what those private interviews and relations wcre
always I'LL the control and discretion to certain ex
tent of the presiding Judge. Now do not conceive my
SELF in the inquiries that are opened to me as TO the
Intercourse between Mr. Beechcr and Mrs Moulton any
more than in other that have referred TO- 10 DC
limited to the definite interviews that they nave
shown because they have been allowed TO go on pu'
don't think 1t Objectionable, provided that the beraty
ia extended also to us TO into court and compare
the general result nature, character OF Mr. Beech
ers dealings as between him and Mrs. Mouon with this
question trouble guilt as the case may be- Ana IL
is in that view confess that have thought had rght
to 20 beyond the definite limits OF express ntcrVie"s'
because Of the relation intercourse, as whole, being
what suppose the important matter to be discussed
to this jury For instance, here is question TO MIS-
Mouton [readingl:
Did he say anything to you in respect to the length OF
time that Elizabeth had permitted hin 10 ee
q. What did he say upon that sulgCcti Did
you say anything to Mr. Beeaher about returning to
TO the churchi
Then she goes on and gives considerable answer
made out of variety ofOccaions in which he had talked
TO him-perhaps conversation items OF conversation
but not limited a set interview on that subject or re-
strained within any bounds of any particular interview
"Did he ever speak you about Mrs Tiltoni A. Yes,
Sir O. Please state what he said in regard TO her" Then
Iinterposed AT either of these interviews" Then Mr.
Fullerton says "At any time" again interposed that
time should be fixed. And then the witness goes on
and says He nearly always spoke to me OF elizabeth
with great love, and wanted me 10 respect hcT anu ha'o
great regard for her" DC
Judge Neilson-I think yOu right in regard to the
description OF the interviews referred TO by the Witness
which had not meets and bounds Of time and place;
undoubtedly you are right to that but is not your
remedy after all investigate this witness before you
can inquire as any specific statement made In that
mannerl There your remedy and 1t covers your case
and protects you
Mr. Fuerton-I is the subject matter OF the CONVERSE
tha ynpti n IN
course in his examination Of tho witness. fix no time
and fix no place. but when the evidence Is given there
il subject matter about which they may inquire They
NAV ask this witness whether any such conversation
took place that II he says no, there Is an END OF H.
If he saws yes then they may whether at any tme
and at that place, whatever that time and place was
ANYTHING further was said upon that any other
subject which was germane to that under consldera-
ton In that way they get at all that was said upon
any one particular OCCASION when any particular sub
iect was under the gentleman Is not taken at
disadvantage at all He not deprived OF any OF MS
legal rights and he might follow II up from CONVERSE
ton to and get at whatever else was SAID
upon any one of those occasions.
Judge Ncilson-It be disadvantage when he has
right to turn any particular statement made ny MIS-
Man,ton and nerrogae this witness in respect to it, and
correct and contradict It, as the case may be-
Mr. Eyarts-Well, Sir. perhaps would be able to
Mr. Fullerton-He will think better of 1t by tomorrow
Sir.
Judge Neilaon-Gcntlemcn, get ready to retire ITO
the jurors Gentlemen Of the jury, you VIII return at
IL O'Clock tomorrow.
The Court then adjourned until IL O'Clock today