The Portland daily press., 1875-05-13

ClaUlU bdlQ was Ludb uc euu SoA0 "ii"e ""S 49,
Bowen's soul so he signed that paper.
At this point it turned out that witness
misunderstood the question, and that this re-
mark was not made at the arbitration, but
anterior to it, which witness understood to be
meant by ''before." At the arbitration no
word was said about anything except Tllton
and Bowens disputed claim.
The court here took recess.
Rumor is that the defence did not get the
letters they wanted. Mrs. Woodruff only
produced letter of Tilton to her, not
amounting to much and it is said the defence
wants to know if any letters were written TO
her by Mr.. or Mrs. Moulton. If this estimate
of the situation be correct, the defence are
very unlikely to cross-examine Hilton aoou5
the letters, and consequently the public Will
not be edited by any disclosures OF MIS-.
Woodruff against either party.
Fullerton hopes the rebuttal will end TINS
afternoon, but it is not likely, and he thinks
the rebuttal will occupy about three days.
After recess, Mr.. Beach said: Your honor,
When Mrs. Moulton was last In the W.T.
ness chair announced my intention to re-
| call her as to her interview with Mr.. Beecher
May l, 1873, and Tracy, about which she has
been examined. Asto the former interview
| learn that she would deny Beecher's allega-
| tons that she said, 81 do not believe the
stories they are telling about you, but
believe you are a good man." Mrs.
Moulton would deny that or equivalent
| language. have on my responsibility as
sured my learned friends on the other side
that she would so testify. She is i'll to- day,
and unequal to appearing on the witness
stand and submitting to cross examination,
from causes which have explained to my
learned friends, and they are willing it shall
be taken as if she had sworn denial OF that
character.
Evarts asserted that Stephen Pearl An
| drews identified the signature OF Colonel
Blood, the reputed husband of Woodruff, to
an agreement giving him premises AZ Broad
street, and testified that Blood and Woodruff
did not move into that office until the latter
part of May. ..... ....
Moulton was recalled, and testified he did
| not tell Beecher, in reference to Bessie Turn
| er's school bills, that it would be good
thing to pay them.
| It being here announced that the rebuttal had
| closed, another awkward pause interviewed,
| during which counsel consulted in whispers.
| James Freeland was then recalled for the de-
| fence on sur-rebuttal, and examined by Shear
| man. He testified that Beecher and Bowen
were not at his house Dec. 10th 1870 They
were at his house late in Jan, 1870, and never
| at any other time.
Mr.. Beach asked what was that for.
Sherman replied, in answer to Bowen's tes-
| timOpy that he had an interview with Beecher
at Freeland's house Dec. 26, 1870, by appoint
ment through his (Bowen's) note to Freeiand.
| Witness says he received no such note from
Bowen. He distinctly remembers the meeting
| of Beecher and Bowen at his house IN January
late in the evening
Cross examined by Fullerton.
He knows Beecher and Bowen met at his
house in January. He was sure it was IN
| January, 1870, He remembers Bowen was at
| y,,oo IN IT hpfOrA that. Il0V
had five prayer meetings that month, but the
meeting was the last week in January. He
fixes Jan. $780, as the date because Bowen had
not been at prayer meeting for long time Pc
fore. He made no memorandum OF 1t. lie
states positively that Bowen and Beecher never
| met at his house at any other time. He dom
remember that they met iu his house at any
other time. He did not receive note from
Bowen in Dec. 1870, on that business.
Fullerton-I did not ask you that; I asked if
you received any note?
A.-Then take it all back.
Fullerton-Then you better keep it there till
want it.
Has no recollection of receiving note through
one of them in Dec. 1870. He has received
| note through them at other times. He cannot
remember when and he has not the notes. He
cannot say whether he received note through
one of BOwen's Younger sons in Dec. 1871, and
answering it, "rll attend to il"
Q-Why can't you say?
A-Let me answer my own way.
Fullerton-Your honor, will have to take the
witness in hand. The question is that because
you have no recollection on that subject.
| Al have no recollection OF receiving note
| from Bowen in December.
| Q-Now; will put the question again, My
| question is distinct one. Can't you say be-
cause you have no recollection OF the clrcum-
| stance?
A-A similar answer was given. He thinks
| Bowen was not at his house since JAM, 1870.
| He don't believe he was. He cannot swear
positively because he is not at home half of the
| the time. Here witness made some remark in
audible tolthe reporter.
Mr.. Fullerton-Now that is not witty, Mr..
| Freeland He says, your honor, he wants to
| see Mr.. Beach behind me, that he has got into
| be unbecoming in a man much younger in
Beach, don't think it is unbecoming to wish
to see me. (Laughter.)
Witness was unable to say positively he sent
no note or messenger to Beecher in Dec, 1870.
| He has sent messages to Beecher. He can't
| remember when or about what. He might
| have sent him messages in 1870 and 1871 He
| may have seen Beeeher in Dec, 1870 good
many times and called upon him, wheeling
| his chair from side to side.
| Q-What is your age?
| A-That is an impertinent que tiOn.
| O. don't want to be impertineRt, only
want to know your age?
| A-75.
| Q-And your memory is not as good as it
Witness nodded. He believes Bowen name
| is John. He does not remember BOwen's
sending a note through John in December,
1870.
Reexamined by Sherman,
A paper was handed to witness. He never
/ saw that paper before. No one ever showed
him that paper or informed him of its contents,
April Sd, 1872, lthis paper was the "submis-
/ sion signed by Bowen and Tilton.")
By Fullerton-He don't remember hearing
about it. Possibly it was there without his
seeing it. Possibly it was read Bowen may
have said, II won't proceed until know what
the arbitrators are to pass upon, and after
that the submission may have been drawn, but
he has no recollection of it. There were papers
| that he had no knowledge of, and that was pos
sibly one of them. Something about tripar-
| tite agreement was read, but he can't remem.
| Der anything else.
By Shearman-What was the purpose for
| which you invited Beecher and Bowen to your
house in January, 1870.
| Mr.. Fullerton-That is year before the De-
cember, 1870, meeting we asked about.
Evarts-They wanted TO show that witness
| had confounded the two.
Judge-I think it is due to witness to let him
| explain.
Freeland-Thank you, Judge; wanted to
| explain. (Laughter.)
Beach-Your honor has held US strictly to
theurule on rebuttal, and don't see why you
should relax it in favor of an interview be-
| tween the parties in which Tilton was not in
| ,terested.
Q-What incident Is it by which you can
| identify the prayer meeting in the last week in
| January, 1870.
Beach-He does not say that
Freeland (hotly)-Yes, do. Uaughter.)
| The Judge-Let him go on.
Witness said he recollected Bowen, Sherman
and Howard after that meeting coming to his
house, shaking hands and making up difficult
ties, but, said witness, l want to explain about
that note. .r..<
That's all, said counsel, and witness got down
| reluctantly.
Mrs. Maria L. Ovngtou recalled. She was
asked whether she was acquainted with Albert
| B. Martin, and she said she has been. He fire.
quently called to her house in 1874 She re-
members he called July 3, 1874, when Mrs.
Tilton and Bessie Turner were there.
Q-What tine in the day did Miss Turner
cali at your house that day? (Excuded)
Witness said Martin called shortly after p
M, and Tracy called few moments before.
Martin was not in the house at 2 30 O'Clock,
and at that time Miss Turner was in the par
lor playing the piano and Mrs. TiltOn and wit