New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-06
THE TRIPARTITE COVENANT.

THE TRIPARTTTE COVENANT.
Q. Now, Mr.. Bowen, in regard to this
"Trpartite Agreement" do you recOect when 1t was
executed A. could not state the date positively
q. DO you recollect the ycari A. Yes, Sir
O. 1917 A. Yes Sir, 1871.
Mr.. MorTis-iS72
The Witness-Yes, 1872.
Mr. FullertonI want you give the history of that
yripartte Agreement A. know but very little OF its
hstory, Sir.
Mr. Fu,lerton-well II won't take long to give it, then
hrs Evarts-I don't know about that Trpartite Agree
ent 1t part OF their evidence; they introduced It,
Mr.. Beach-Yes but you have given some affirmative
evidence in regard 70 it.
Nj Evarts-In the original matter, whatever this gen
flernan saw and did with his own eyes.
Mr. Fullerton-That is what asked him.
Mr. Evarts-You asked him for history OF the Trpart-
tie Agreement.
MI Fulerton-Wthin bis personal knowledge.
Judge NeilsOn-As far as he knows.
Mr.. FulertOn-Mr Bowen won't state beyond what ne
knows.
The witness-I was waited upon by Mr.. Claain, be
Beve with the document as it was originally drawn and
asked to read II and sign It, Do you wish NE to 60 ont
Mr.. FullertOn-Yes, go on, please.
The WitnessI read the document and told him conld
sign it it originally drawn He urged me to
do so. / told him that could not, and would not lie
asked me IL could make some lamentations not very
material and with those cancellations whether would
sign it, said can change il so that would be will
ing to sign your personal request and he urged me
70 make them there. told him TO leave 1t with me- and
would him again the next day lmade some changes
IN 1t, and told him would assent under the clIeum-
stances giving my why would sign it, and did
DO That is about the whole Of IL.
O. What did you say to Mr.. Clann in regard to it
Mr. Evarts- Objected to. That is inter alias
Nj FulertonI is part Of the history which he started
10 give
Mr. Beach-what he said
Mr. Evarts-Mhat he said Mr. Cla0in. Mr.. Claim
vas not Mr.. Beechers agent.
Mr. Fullerton-It is what he said accompanying it.
Mr. Evarts-Mr Clafn his own friend, and under
took TO do his side OF this business Mr. Beecher
sented his side, and Mr.. ritOn HIS and now what
passed between Mr. Clahn and him cannot be given in
evidence, except as they acted.
Mr. Bcach-You called it out interview between Mr.
C1afin and Mr. Bowen.
MI Evarts-I did far carrying the paper and leav
3ng it with him. and getting it back
Mr. FullertOn-What he said.
Mr. Beach-What he said
Mr. Eyarts-Yes, what he said
Mr. FullertOn-Your Honor will bear in mind am only
sivng in evidence event that described by Mr.
lqann, who a witness for the other side He stated
he went for MI Bowen that he requested him to sign
paper that had been prepared end going to give
the whole of the conversation between himself and Mr.
Oh that subject and the why he didn't give
more he did Of that conversation because Of the
failure OF memory We propose 10 supply that hiatus in
the history Of the case.
Judge Neilson-I think You can do that.
Mr.. Eyars-The question is as TO the reasons he gave
for signing IT,
Judge Nelson The conversation with Mr. Clafin.
Mr. Fullerton-lt is due to the witness that he should
sate what he said then, qualifying the act which
he did.
Judge Selson-Yes in connection with the act OF
refusing 10 sign signing.
Mr. Eyarts-He did sign II, and that concludes him.
Judge EeilsOn-Yes.
Mr.. Evarts-And everything else Is merged between
ihe parties by that, by wellknOwn principle Of law
Mr. FuertOn-If the action was agreement, that
wOnd apply.
Mr. EvarsA treaty between parties that is contained
IN a bargain contains the settlement
MI Beach-It is an action the part Of contract.
Jadge Heison-n Mr.. Clann gave part of it, perhaps
he gave all of it.
Mr.. FuueIton-state what you said TO Mr.. Claain on
that occasion. a / told him that could not sign the
snginal.
Mr.. Evarts-I H. has already stated that.
Mr.. FulertOn-Is that the objeotiOni
Mr.. Evarts-No.
Mr. DECENTRALIZATION il.
Mr.. Beach, think we had better give the gentleman
the night to look that up.
Judge Neilson-No, that would be too liberal.
Mr. Porter-The point is, there is such evidence.
The point is FOR them TO find IL IL there is.
Mr. Fulleron-I appeal TO the recollection Of his
Honor
Judge NeilsOn-I remember Mr. Claim stated the fact
that he took the paper TO Mr. Bowen and at Bowens
request he left il with him. and sfterward chded him for
not signing II.
Mr. FuertonThe srbitrators chided him not sign
ing IL.
Judge NeilsOn-NO, not the arbratOrs, the witness.
Mr. FuertOn-FOr not getting 1t signed on the spot.
Mr. Beach-The distinguished Samuel WilkesOn.
Judge NeilsOn-Yes. he suggested the opinion that the
paper would he got back again.
Mr. Evarts-That was at another time. That was not
In Mr.. BOwons presence.
Judge Neilson-Certainly
M Evarts-That is when the parties all together
Nj Tton present when lie said that That made 1t
good evidence Now. Mr. Clafn has been permitted to
say only that he took the paper " Mr.. Bowen and
brought il back
Judge NesOn-He kft IL with Mr.. Bowen, and Mr..
Bowen requested him 10 leave it with him for examina
ton, aud he did leave IT,
Mr.. Evsrts-That IL all II We had introduced Mr..
BOven's conversation, presume an objection would
have been made, and IL would have been proper Obee
ton; his conversation between Mr. Claim and Mr. Bowen
didn't affect che parties 70 this SUIT either Of them. Mt.
Beecber Mr.. T1lOn. Mr.. Bowen and Mr.. Clafp
% one side friends and how tsey talked together could
not have been introduced, and oannOt be by them
Lsdxe EelSQp-Q pdeRltedly; bpt Us SneGfep y