New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-21
NJ. FunMton-won. one moment.


to your Honor, and in tho presence Of the Court and
jury
Mr.. Fulertop-But object 70 these assertions In the
presence OF tho Court end don't believe this proper
u; all. I am examining tbs witness Sir. aud have
right TO examine him without interruption
Mr.. shearman-And I to spea,S-
Mr.. Fulerton-There Ia question before the Court
Mr. Shearman-And shall not sep because OF the In
science OF the counsel
| Mr.. Fulerton-May AK your Hors@ now, at this
stage. b stop the counsel until get through with the
examination There IA question before she Court at
oil.
Mr.. shearman-I say that this gentleman has mis-
stated
Mr.. Fullerton-I insist upon that he shall not inform
this witness what there Ia In this paper Its evidently
an attempt to do
Judge NesoDThe whole matter IL simply this: Coun-
sci thinks that mistaken the fact embraced
| In your question. That Is all 1t is very simple.
Ar. FullertOn-If your Honor please stated to tho
witness what understood him say in order that he
| might correct 1t II incorrect.
| Judge Nelson-It Ia very simple MATES,
Mr. Shearman-It Ia very curious coincidence that'
whenever this gentleman undertakes to state verbally
and without reference to the minutes he unfortunate
not TO be able to state IL correctly.
Mr. FullertOn-I quote word for word and then hand
! 1t to the witness for his examination.
Mr.. shearnan-I should like to SEQ it quoted word Tor
word.
Mr. Fullerton-I do quote 1t word for word and then
hand it to the witness for examination.
Mr. shearman-when he does that he Is able to do II
correctly but except at those times when he refers
to the printed record
Mr. Fullerton-wcll. II Brother Sherman cannot be
impertinent he'is anything; Will put up with
his impertinence have not misguided any testimony
I have not misquoted any statement have with the
frankness quoted word FOR word ~ 1t IL written
book. and then handed II 10 the witness for his
examination.
Judge NelIsCn-I ohscrye you have done that pretty
uniformly but at the time the learned counsel
might think that although you intended to quote cor
recy, yet in given instance Ike this, you had commit
ted a mistake.
Mr. Fuierton-Oh. what Mr. Sherman might think. Cir,
not Of Importance enough TO take your Honors at
tenon, or mine either. for moment.
Judge Yeilson-He thinks his duty TO call your aten
ton 10 IT,
Mr. FuIerton-I don't know what he thinks; only
know what ne says Is very mpcrDent indeed. ana th'
he cannot otherwise. Now. Mr. Bcecher--- lIo the
senographer viii you to the astauestion anu see
! whether am cOrrcctf
GIast two questions and were read by the
Tribune stenOgrapherI
O. Now was correct in my understanding Of what YOU
said on your diroct examination A. don't know, sir
O. Well when did you first become convinced or ui-
pressed with the idea that ths money had ncen obtained
from you improperly A. think 1t some time ate
| IN August 1874
O. In August. 1871 A. Yes Sir.
O. And what did you think the improper means
used by Mr. MOulton to get the money from your A
Well. Sir did not thinh-I was mott could not mahe
myself think he had used any improper means to get the
money from me.
O. what means did he to se, ;ho money from you
that you thought were mprOper' A. He u7ed no means
which At the time dreamed were improper
O. Did he sug3cst to You the payment of money!
A. He did not except in the Of the term bills out
not OF the $1,000.
O You told me moment ago that the $1,000 and the
S. 900 las understood you-f incorrect you VIII
correct mel we're paid willingly h. you. y More Than
willingly Sir; yOu were correct in your understanding
O. You sought the opportunity OF paying Tie money
did you mott A. l cannot exactly say 'hat
Judge Ncilson-As to tho $1,000
The Witness-Yes, to tine $1,000; the others were
brought. from time to time. to me.
O. And didn't you tell on your DIFFERENTIATION
that You chided Mr. Mouton for calling upon you for
aid AZ you had offered iti A. did, Sir; told him
thought he altogether too sensitive and too delicate
@ Now did you believe that he had used improper
means in taking this money from yoGi A. did not, OF
my self.
O. Somebody dd for y0u ID that III ~ was tOIi ihAt
that was blaekmail
O. I don't want what anybody told you. don't want
10 get into a royersy with Brother Sherman about
il. L4aughtcr.l tReading;l
Money has been obtained from me IN tho course o'
these aairs in considerable sums, bni did not a rt
look upon the suggestions thai snnid contribute 10
Mr. Ti0n's pecunary wants ~ saN0fins 81 DiachInit
This dd moi occur TO until had paid perhaps = 900
Afterward contributed at one time TJ,0) Altcr the
money had been paid over in I'VE $1,000 bills 80 raiss
which mortgaged the house live H. ie4I very mucn
dissatisfied 18th myself about H.
Now did that dissatisfaction have its rise IN 1874. as
you have stated. In The month OF Ausu'tf a. AFTER
ward, Sir.
| @. And in the month OF August, 1S7l' A think not
! before that.
O. Not beforci A. think not. There other nac-
curacies in that statement.
O. Well Sir il it fitted through your mind when you
had paid the s. 900 backmai being taken from
you how did IL happen that you aftcrward paid the
s.. OOOl A did not consider That as blckmii' SIR.
| O Yon did not consider what ~ DlacLmaIi A. The
! $4,000
! O. IdIdnt ask you that 4. You asked me how. II
considered it a.. blackman. paid the 5000.
A No; you misunderstood mt. A Nil DE coircetea'
| then, il you please
O. II Won regarded the $1,000 "a blackman, how Id
Won bappqn 10 nay the $1,000 afcrwardl A. did not
consider that "a blackma did consider the other
@ Well we will employ Other terms, then. II IL had
fitted through your mind that perhaps tire %-oOO
was backmail, how did it happen that you p'u 'ne
S. 900 afterward A did not consider 1Aa' MI Aoui-
| ton, in leyying any part of Ii
O One momcnt-ioave cut Mr. Monitor. II you please
and everybody else am talking about the abstract pay
nent of the money A. am talking about the same
thing.
| O. Well then, don't bring in anybody. ask you again
II 1t fitted through your mind 90 employ your own Tau
guage) that the 900 had been obtained from You by
bIackma tho payment OF the $1,000 sayored OF
blaekmail how did it happen that you Paid tine $1,000
afterwardl A. Because that did not SAVIOR Of blaekma
to me then, nor did the other until aftcr"afd
O. After whati A. After bad paid 1t.
| O. Well after you paid the $1,000, you Thought II
savored of blackmai did youi A The g;estons came
| afterward
O. Well. You. after those surc'attons come TO
your mind that 1t Was blacknai how did happen that
| Won paid further money! A. The suggestion did not