New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-31


Mr. Beach-That IL not a proper form Of question; the
question what said In regard to the dictes that
were to be submitted.
Judge Neilson-Ycs, Sir.
Mr.. Tracy-And between whOmf
Mr.. Bcach-Ycs between whomi
The witness-well, the conversation was between Mr.
Bowen and Mr. Ton, and Mr. Moulton, II you refer to
the last
Mr. Tracy-who were the parties to the difficulties that
were TO be arbitrated.
Mr. Beach, submit Sir that that ia to be derived from
what said.
Judge Neilson-No; what was said
Mr.. shearman-Mr. Caflin was going on; you ala h''
hear him.
Mr.. Tracy-PrOceed.
Mr. shearman-GO on, Mr.. C1aflin.
The Wltness-we at the first meetng-do you roier W
the first meeting, or all the way throught
Mr. Tracy-Yes; refer to any OF the meetngs-any OF
the two frs, meetingsi A. Well Sir, Mr. Wilkeson SAID
that the difficulties must be settled between-the whoe
difficulties between Mr. Bcecher, Mr. Tilton and MI
Bowen; quite agreed with him In that, ana tneh 'he
question how they should be settled Mr. Itoh Sd
he would settle nothing until he got satisfaction from
Mr.. Bowen by the payment of the sums due him.
Mr. Shearman-If the jury hear, you can do without
me.
Mr. Tracy-we have got to point now whcro Mr
Clahin speaks louder.
The witness-I am improved
of Mr.. Sherman to repeat the answers,
Q. Now,yep have stated who the parties werc, Mr..
Clan between whom there were difficulties to be set
tied now what were the difficulties to be settled what
we're stated the difficulties that were to be settled ana
where were those difficulties referred to or stae-Where
had the difficulties been referred TO or stated by any OF
the parties that be settled and compromised A.
Well, Sir 1t was this
Mr. Bcach-NO Mr.. Catlin
ate vh1 was
ferrcd TO By either yourself or Mr. wspn in regard to
the difficulties that were to be arbitratcdl A Well, Sir
the difficulties
Judge Ncilson-Give the conversation Mr.. Caain
The Witness-I could give the language, sr-tho
conycrsaton-but the difficulties 10 be settled were
tho
Mr. Beach-No Sir; that il not the question-an answer
to the question that is put
Mr. Tracy submit it is.
Mr. Beach, submit il il not
Judge Ncilson-The question is to what was said
about difficulties II you cannot remember the pr Use
words give tie substance, not your inference but the
conversatOn-what was said.
Mr. Tracy-Tha is another form Of answering, simply.
The Witness-weu Sir think | hayo stated al that
was said, that remember.
Mr. Tracy-Wcil, know; state again what was said in
REGARD 10 the OF the difficulties that were existing
between Mr.. Beecher Mr.. Tilton and Mr. Bowen to be
settled
stated and told all that said is it admissible your
Honor on the redirect examination to take him over the
cunversatoni Ii only results in a crosSexanlnaton
going over that again.
D TracyIt is entirely competent, submit for me to
AJAX witness to explain any ambiguity that has crept
into his evidence on crosse Examination.
judge Eeilson-Thcrc cannot be any ambiguity when
the witness has cJn1 ned himself TO the conversation
there can DC II he does that. 10 the witness
The counsel Directing understood you to say that you
had stated all you could, Mr.. ClAlin; is that sol
The Wncss-I think have stated the substance, Sir,
OF the
judge Neson-You have a right ask him if anything
more said.
Mr. Tracy-My question to the witness Ia this: What
difficulties between Mr.. Bcechcr Mr. Bowen and SIr. Til
ton were You talking about ut either Of these meetings
that were TO De settled by arbitralioni
Mr. Morris-That is objected to, and understand the
Court TO intimate that chat is not proper.
Judge NclsOn-I think you should ask him for the con
vcrsation.
Mr. Tracy-I AJAX him for the conversaton-what was
stated regard tho difficulties that were TO be settled
Mr. FullertonThat ground has been all gone over on
the direct and cross.
judge Neson-Yes, think So but stiI think he may
state what was said.
Mr. Fullerton-I shall go over it again. also.
The Wness-The difficulties arose from this paper that
TO be published
Mt Beach-Wat one moment.
Mr.. Tracy-was that paper-I put this question Sir
there any paper referred to in that conversation as
stating the difficulties that existed between Mr.. Bowen
Mr. Tton and Mr. Bcechcr that required to be settled
by arbitration A. 1t the personal Statement,
Sir.
O. It was the difficulties set forth in the Personal
Statement" was it, A. Yes Sir, that is the onyth
| is it, Sir.
O. What was said by either 1r. Wlkeson, or yourself
in regard to the nature difficulty forth in that
| Personal Statement n
Mr. uorris-Now, that we object to.
Judge Neson-weIl your witness has said that he has
stated all he remembers state on the subject.
| Mr. Tracy-Wen, I am now asking-cang his atten-
ton TO the specific point In the conversation and ask him
what was said onthe subject II anything WAS said on It,
Judge Neilscn-Well, what can u say to that, Mr
Calinl
was great scandal and shame that that should be pub
lished to the world and that agreement, settle
| ment, must be made; that Mr.. Bowen
| Mr.. Tracy-A settlement OF what
The Witness-A settlement Of all difficulties between
| them.
| O. Difficulties stated whcref A. As stated In that
| Personal Statement"
Judge Nelson-Now we have had that several times.
Mr. Tracy-I think the other side discover the point OF
| the examination.
Mr. Morris-No, we DON'T we haven't discovered 1t yet
| M Tracy-I didn't say you did.
| Mr. Beach-Ycs VIC have made that happy discovery.
| Mr. Tracy-Yes I thought you did; so did l.
| Judge Neilson-Proceed to something else.
MI Tracy-In that conversation, either Of those firs
conversations on Sunday night Tuesday night. Mr.
Clann was there anything said by Mr. Tion, and If Sc
what in regard his having commenced suit agans
| Mr.. Bowenf
Mr. Fullcron-Now Sir, that subject has already beer
| exhausted.
| Mr. Tracy-I know 1t has and propose to re-exhaus
! IL so far as that question is concerned
Mr. Fullerton-If your Honor permits II why of course
| We
Tho witncss-I think he eaid a suit had been com