New-York tribune., 1875-01-23
TH.ToN's TROUBLE WITH BOW EN-.

Bowen claim
Mr. Beach-ue didn't state that He sad he had that au'
thority.
Mr. Morrs-The authority has been introduced, and he said
that he had the authority.
Mr. Tracy-And the power Of attorney Is IN evidence, Isn't '
The Wness-No, Sir.
Mr. Mords-e said he didn't whether you would con-
sider It attorney o not
Mr. Traey-I mean the attorney IN fact.
Judge NesonThe very question put to him before ana
he was troubled about the word attorney"
Mr. Tracy-Well, agent, then
The Winess-Mr. Tlton authorized me-which ID tne 'ae'
generally to settle his claim with Mr. Bowen
@. Did You undertake the chargei A. Yes, Sir; ] did
O. To collect that claim Of Mr. Bowen' A. Yes, Sir; did
O. When did he authorize you frs A. About January let
or ID; January 1st think. The letter will show, sr
O. And in Of that authority did you see and have
an interview with Mr. Bowenf A. Yes, Sir.
@ Did you present Mr.. Tltons claim to him' A. Yes s
O. What amount did you demand Of himf A. think 1t was
something like $1,000
O. What was the claim when you presented
Mr.. Fullerton-I don't think that is material, Biz
Judge Neilson-As they have right to ask whether was
presented think they take the answer that MT Bowen
made part OF the came thing lis, beieye very imma-
terial.
Mr. and may follow 1t up by show
ing that 1t good claim and all paid for.
Mr. Ryarts-The maeriaity your Honor will see, Will depend
upon what the answer was
Mr. Tracy-What was his answer to the cam' A. He said
would arbitrate il thought he did.
@. Why,
Mr. Evaus-Did he sayi
M Tracy-Dd he say why he didn't think he owed Mr.
Tion any money!
Mr. Beach-Are those declarations be permitted, srf
Judge NesonWe took them the other day and this same
answer
Mr. Beach-what we did, siri That is another reason
why it should not be received to-day But submit 10 yonr
Honor that It entirely immatera what Mr. Bowen may have
sad in regard to the reasons why he resisted that cam
Judge Neilson-I think co. too.
Mr. Evarts-Ou view IL your Honor please is simply this
that Mr. Ton having put Mr. Mouton his representative in
the prosecution prosecution negotiation and
settlement OF that claim what passed between MI Bowen ana
the other side and this witness is as il passed between Mr.
Bowen aud Mr. Tion and that we have the same nght 10
show it ae the conversation between Mr. Bowen and Mr.
Titon
Judge Nelson's So far "a II relates -
Mr. Eyars-So far relates the subject That our
vew II your Horror excludes that view as SUITABLE then II
comes other rule Of law but that our propo
sition.
Jndge Neilson-I think you may answer that
Mr. FucronAre we to try the merits Of that controversy
The validity OF that claim did depend at all upon what Mr.
Bowen sa of Are we the trial Of that claim over
sgainf
Judge Nelson-Of course It s going TO the extreme Mr.
Bowen might say many things that gentleman ought not 10
cav on being presented with that claim.
Mr. Fullerton-Wel your Honor they VIII contend upon he
other side that this claim unfounded because MI Bowen
probably said at that time it was unfounded
Judge Nelson lie has said that He said he didn't owe
him any money, the other day.
Mr. Fuerton-Now IL that proved in this case why 1t Is
necessary for u to disprove It by showing Legitimate
claim and nrodu in evidence for the purpose
OF determining that question Honor will perceive that
Mr. Bowen could create defense that occasion to this
claim Suppose he had alleged that Mr. Ton had broken his
contracts it wOud not establish the fact Suppose he had al
legged ogees would not have established
the fact We certainly into that side issue here al
though have any apprehension as to the result but we
have got enough hands here without trying that cause
again which has been settled by arbitration all very
well know.
M Rvarts-It will be time to question our right try that
cause over again when attempt to do II Is not likely
that we shall have occasion to try again. Your
Honor has ruled the question
Judge Nelson You will answer, Mr. Mouon with especial
care 10 the question the claim and its validity and not extra
neous matters What do you make? A. What is the
question:
The TRIBUNE stenographer read the question as follows
Did he cay why he did not think he owed Mr. Iton any
money!" No he did why Sir He said he did not
think owed Mr. Ton any money and thought he did ne
would be willing TO arbitrate
O. When was that interview A. 1t was in the fret part OF
January between January lst and January 10Th, Sir
O what was the next step you after that in the coec
ton OF this claim A. Mr. Bowen at my house, he came
here he the house and said again that he was With"
to arbate and although Mr. Tton had told me- IN the mean
time that he perfectly willingly to arbtrae SAID that
did not want to arbrate and said, MT Bowen TINS IS my
reason The proyideshee s specific provision IN
the contract with regard the termination OF it in the way that
Won have terminated it, The contract has plain PROVISION
has several plain provisions audng its eminaton that s
il can be terminated the end Of six months by notice without
the payment Of any penalty or it can be terminated oy uean
or it can be terminated by the payment OF Ger
tain sum OF money" | forget what that was nowi
i
toned him; mentioned in the contract lie su
that he thought the required arbraon that here
was provision in the that there was any difference
between the editor OF the paper and the publisher 'ha heh m
contract provided that the Interpretation oil the contract VIII"
reference to that difference should be submitted to arbitration
and sad him: Mr Bowen that proyson-that section OF
the contract il with regard to Interpretation OF MI ltons
duties towards yo pubsherhs duties az editor towards
you pubsherand OF your duties as publisher o"aus MN
as editor There difference between that clause ana tue
one following which plain provision for the payment Oh
so much money on breaking Of the contract No" on tha
ound don't want TO abitrate And there is another ground
that was expressed him. which, you want me 10 tel YOU
will. ~
O You may state what you expressed to him now' A. That
is about il. ,.,,
O What did he tay 20 ha' A. He objected again he said
he was perfectly willing 10 arbitrate.
Did he owed MI Tton no money nj thit tne'
No Sir dont think he said he owed Mr. Tion no money
lie was willing to leave the matter to arbitration
O. He was not willing to pay, however without arbaton
was he A. No.
O Did YOU bring suit against him for the elami A. NO.
Mr. Tilton did, believe subsequently,
O. Well did you direct the bringing OF the su' A. No; MI
Tlton believe, commenced the suit.
O. You did not confer with counsel that subect' A.
don't think conferred with counsel on that subject
O. Or employed them yourselfi A. No; didn't employ
them or pay them
O. Then Tlton afterwards commenced the sut against
Bowen' A. Yes, Sir,
@ Do you know about what time A. iforges the exact
time think have got letter.
@ time nearly as you can a IL was