New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-19


A separation between Mrs Tilton and her hus-
band two letters produced by them, letters OF mrs.
Triton, think brought by her husband as part nov
letters but letters that were parts OF the acts OF ms
drama that going the conspiracy OF MT beecher ana
Mrs Morse to get separation and had been made the topic
Of Mr. Beecher had DONE Mr. Beecher
regrets his fears his troubles was all his Intervention
1t rs In evidence somewhere that Mr. Beecher SAID In one
OF those conversations with Mouon which they gave evidence
or and Ton which Titon gives evidence OIL that ne
had done mischief that regard please In the view
that he then had Of the matter but not much as some
others meaning Mrs Beccher. Now, all that being In
evidence we are not be permitted to prove what the action
was in this situation produced by this wfes separation from
husband and TO her pastor and his dealing Though
leader OF the Church. and his wife, in that question
Judge Neson-0r rather you are not permitted to give AZ
Independent conversation had with this witness.
Mr. Evars-I have not asked the conversation. .I
Jude Nelson [Contnung-ln respect 10 which no inquiry
has been made. I'D.
Mr. Rvars-we have at Last under your Honos direction
limited TO the action that taken by Mr. Beecher in call
Ing this geacmvn the counse sought for by this wife
Judge NesonYou could not call him in except by word OF
mouth, or by letter.
Mr. Morrs-wi your Honor allow me to inquire what qucs
ton s before the Court!
Mr. EyarsYour Honor has abundany in the course OF this
trial allowed question the precise ground that you could
not show how the called n except BY showing the
word Of mouth
Judge Heilson-Ths question Is overrued, Mr. Evars
Mr. Sherman Honor will note exception ITO the
witness Did you become In the early part OF Deem
ber 1870 Of difficulty between Mr. and Mrs Tlton In re-
spect which MIR Bechcr had been In any way consued
Mr. Fullerton-That Is objected to.
Mr. Beach-We object TO that question.
Judge Ncilson-I think We will take it.
Mr. Bcaeh--Siri
Judge Nelson General knowledge think viii take 1t
Mr.. Beach-Generai knowledge
Judge Neilson-Yes, Sir.
Jo.;yo fro,n boava
Judge Neilson-Ycs Il may be- think will take that
Mr. Beachw your Honor please consider upon what rule
you permit witness to give hearsay'
Judge Neson-IIc giving ever since he has been
on the stand.
Mr. Beach-Sir'
Judge Nelson He has been giving ever since he has been
on the stand.
Mr. Beac-Yes but he has been giving because the action
of the Church directly connected with very much Of the
examination that gave We went into the proceedings OF
the Church. and degree into the history OF the actions
and in enons Of the Church authorities and OF the conge
ton in regard TO that matter.
But this presents altogether different question may 1t please
your Honor this gentleman whether he became aware
by hcarsay and the gossip Of this neghborhood or oy the
declaration OF Mr. Beecher Mrs Beecher or Mrs Morse
that there were difficulties existing in the family OF Mr. Triton
Now your Honor important question in this case
whether or not those difficulties did exist 1t is question OF
fact be settled by the ordinary evidence applicable to all
issues OF justice Mr. Ton not to be condemned
for brutality and unkndness in his family for negectng the
interest OF his household circle upon the gossip OF
the street or the hearsay of Mr.. Bell or any other
gentleman respectable and intelligent 1t fact sub
nit to your Honor be established in the ordinary way and
this question It's general form allows this witness to answer
as TO the his knowledge Of particular circumstance
connected with Tton which may have been derived from
Mr.. Beecher any other person in the highways
Judge Nelson-And without any personal knowledge
Mr. Beach-And without the slightest personal knowledge
Judge Neson-Mr Sherman let me hear you IN support OF
your question
Mr. Evarts-why II your Honor please it does not prove the
truth having been difficulty How often have we had
this distinction brought out? In order to get the proof that you
are entitled TO- you need show situation In the mind OF
party proving that that circumstance but as the
precedent nducement reach the allowable evidence that
can be given. / do not say that rumor there
was trouble between Mr. and Mrs. Tlton shows there
was any trouble been guilty OF such folly as ua
in this Court or in any other Court But when have right to
the actual that occurred and when as an induce
ment OF that IL witness knew there was story or
that there difficulty and then we lead to the
proof the first step AMI IL has been done once has
been done this before Honor and
on the same your Honor suggested that this was al
lowabe.
Judge Nelson This witness took action in the matter
suppose.
Mr. Evars-I don't know that.
Judge Neilsoa-It is not suggested that he did.
Mr. Evars-I cannot suggest what done Your Honor
was dsposed 10 allow this question Similar questions have
been allowed hundred times in the trial Of this cause We all
understand they prove there difficulty between Mr.
and Mrs To that proved the fact that he was aware
of situation Of alleged difficulty and thereupon certain action
took place There doubt of the fact that she separated
from him. there Is any doubt OF IT, on Mr. Thtons own
testimony that gone three days Whether her mother
procured it, whether Mrs Beecher procured it, that is not the
onestiop OF the doubt He sent for the child
In the absence mother and the mother never came back
until the child gone Now those are facts Of the
I
a. an ipducenen and basis OF showing what action be was
called upou 10 take and did take in the matter