New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-07

Mr.. Evarts-weil, enat had Just happenedi A. That
bad just happened.
O In the household Of Mr. riltous A. Yes not within
days, perhaps, but It was within that near time
Q. Well, within what tmei A. cannot say, Sir.
@. Was IL very near In datei A. Well, should say
within a week 0 fortnight.
@. Well. In proximity Now, looking at that
letter. do you recall any special circumstances to which
that refers which led to the writing Of that quotation
and the residue of the letter. A. Well, that letter
written, recoect Sir. In frtherance Of
the limo Of conversation that I have spoken Of
again and again and again. to keep heart and courage in
Mrs T0n, and from time to time 10 let her know that
thought Of her and prayed for her. and looking to
the good fruit Of her endeavOr this written
Saturday, and going to be gone week after week
right straight along and wrote TO tell her that had
called TO soc her
Mr.. Beach, submit, Sir
Mr.. Evarts-wel you did tell her that you had called
to see heri A. That is in the letter.
O. 30 stated In the letteri A. That Is In the letter
O. Well that speaks for itself. OF Did you know,
at the time of writing this letter. of the and atten-
ton that Mrs Ton had given to the nursing OF MI TIL
tons brotheri A. did.
@. You had been informed OF that A. l had.
Mr.. Beach-HOw infOrmedt
Mr.. Evarts-How had you learned Of that A. had
learned IL from Mrs. Morse, principally.
@. But you had heard OF III A. had heard OF 1t.
O. Was IL prolonged Illness and nursing A. cannot.
say about that Sir definitely but remember his being
very feeble person, frOm-n and out. had seen him
there for years before, from time to time and knew him
to be very delicate and feeble person. and heard Of
his being the hospital in the retreat and heard OF
his DEATH and heard also of Mrs. Tiltons great kind
TO him.
O. Now you had called upon her, had youi A. When
this letter was wrttenf
@. Yes. A. Yes Sir called at her house.
O. And did heri A. did not SEQ her; she was
out, said.
O. Now, you have said that were to leave town for
considerable absencei A. 1t to be an absence that
would until Spring. taking out the heart OF each
week.
O. 1t was prolonged occupation of certain days Of the
weekf A. I had twelve lectures to deliver at New
Haven week by week.
O. Now there Is reference your wfe's leaving for
Havana; WAS there any special occasion purpose In
mentioning that
Mr. Beach, object TO that Sir
Mr. Eyarts-It has been made the subject Of intimaton
here that there special occasion and purpose
Judge Neson-That fact could not have been the sub
ject of any mputaon the mere Circumstance tlat MIS-
Beecher left for Havana.
Mr.. Eyarts-T should think not should think not ;
but cannot say what the imagnations of parties
here may lead them 10.
Judge Neson-He may state IL that the fact, that
she was TO leave.
The witness-She was to leave
please that this advertisement to Hrs Ton that
would be safe for her TO make visits to bis house. De-
cause his wife would be absent.
Judge Neilson-Th would leaye the event Of Mrs
Beecher's going clean, simple fact, nevertheless
Mr. Eyarts-That is the length and breadth OF the i'm
putaon that has been made, and ask him the distinct
question whether that statement was made with any
special purpose or intent.
Mr. Beach-And that objected to because that Is to be
derived from the language OF the letter.
Mr. Evarts-I think not donot see how the language
OF the letter.
Mr. Beach-wer, Sir take the extreme instance, that
Mr. Beecher written note In direct terms to Mrs
Tton inviting her to visit his house. for the reason that
IL would safe his wife being absen-can he come Tor
deny the language OF the letter by saying what
his purpose intent and are we not to derive
that from his declarations and made at the time and
not from any construction he may choose TO place upon
the language nowf
Mr. Evarts-If your Honor please. II the language has
no possible application other than its owns TERMS then
any statement concerning it will not vary It, and Is not
10 be introduced But when, in letter from gentle
man to a lady a statement Of domestic fact, and d
fact Of entire publicity that Mrs. Beecher was to leave
at certain time is brought into the seriousness OF the
trial for the purpose Of making an imputaon that II
was advance information to cover an assinaton ana
the party who it is the stand, why then 1t Is
competent by every rule Of evidence to show that ne had
no such meaning
Judge Neison-You could inquire for that last circum-
stance certainy-that last circumstance.
Mr. Fyarfs-Yes Sir; and ask your Honor's attention
10 this case of Niche against the Burlington Insurance
Company where in a very intelligent opinion, the SUI
preme Court Of Iowa says:
In his evidence while admitting the statement OF facts
I'm tbe AFFIDAVIT he states the understanding he had OF It's
nage, and the idea he intended 70 convey IN H. ins
il certainly not Objectionable II the language OF the
witness either written or oral introduced 10 establish
an admission has the privilege OF giving his under
standing Of its import port ana AN b on STATING It's uo "
Judge Neilson-we have been doing that to-day in the
other matters.
Mr.. Beach-Yes Sir; we have been doing great deal
more than that The quesiC reaches much further than
that.
Mr. Evarts-That ia all that have ever claimed, as
understand it. ITO the witness Now. Mr.. Beecher in
this announcement Of the fact Of the proposed date OF
your wfes departure there any interest or purpose
in respect of any visits of Mrs TtOn A None whatso-
O. And as matter of fact she at your house there
afteri A. No, Sir; she was not.
A NOTE APPOINTING A MEETING EXPLAINED.
@. Handing the witness paper.l That little
note refers 10 your seeing Mrs. Tton next Friday" II
you don't see her tomorrow" A lReadlngJ III
don't see you tomorrow night, will next Friday"
O. Now can you, from that memorandum, recall any
date day Of the week on which that
was wrttena A. cannot fix 1t as to time definitely.
recoIlect the circumstance. know Mrs Tilton wished
to see me about her mother other matter and
dropped this hasty say that did not her on
Friday night, would the next Friday night
O. Yes. Well the first Friday night mentioned was
future Friday night A. Was tomorrow.
O. So that your view that that note written on
Thursday2 A. On q Thursday. I know there was such
an and suppose this to be the note referring
10 It,
O. And where on FRIDAY next" would you have
heri A. In the lectureroOm after the lecture.
O. L. that the reference to Friday night A. That Is
what understand Ii, Sir.
n WILL at that time now Friday niphf tho reg