New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-09

Now Sir what situation and what devices had you In
mind In that clause Of your etteri 41L go ~
Mr.. FullertonThat object TO- Sir THERE'S no hidden
occult meaning in that passage at all which needs
PLANTATION. Surely this witness Ia not at liberty tn
this letter sentence by sentence paragraph by para
graph and give extraordinary poetic definition
of used there out OF the ordinary sense and vO-
ating the context. That Il not admissible sir Ills very
plain what this means There be uisunderstand.
ing about 1t ut ALL and, therefore, object TO any traa-
| ton Of II into any other kind OF Language.
Jadee Neson-we had this question up on the direct
examination OF Mr. Tilton and did not contne our
selves TO tho mere question OF ambiguity in reference To
his letters; but although the learned counsel opposed OBJ
eoted very stenuousy this doctrine ~as then applied
OF which he takes advantage, and ruled shs hr.
Tlton although he had written dcspaning letters ac-
cusing himself and denounclng himself as unworthy anr
closing with Yours despaingly" was at liberty toex'
plan-to explain what had reference to In using oSs
extraordinary expressions, and think said sometnhS
like this writer could be allowed 10 state he cc-
cmstances and the and frame OF MIND no was III
when wrote for example, that he had the g'ut OF
had been nights without sleep, or tho Ike ana
thereupon Mr. TOn was allowed to explain those pas
saees and to explain religious sensbtes IN connec-
ton with them
Mr. Fullerton-well, Sir, II man had the govt That
would explain everything that he might say OF every
kind and 1t would not be necessary to put any questions
on that subject your Honor will perceive that aS
il different question from the that is involved now
a very different question Mr. Tilton was asked whehor
certain letters which he wrote were written at perod
when his religious views were In state OF transition.
That is all that he asked upon that subject should
have no objection to kindred question being asked now:
but that is not question before the Court and your
Honor will permit the stenographer TO read It, you VIII
see that it is farreaching question and that enables
the witness to 20 the Orange Hills againfor aughs
know go into explanation entirely foreign iroh
the real subject before u.s.
Judge Ncison-Take the expression In this clause, thS
devices by which have saved ourseyes"-you agrco
| that he could explain that
Mr. FullertOn-Why, Sir we have been now SIX wceEs
ascertainng what the devices and my fenhs on
the other se think all agree upon that subject Ihey
are very plain do not think, at this late day. there
any doubt about what the devices Were Which "o'"
| spoken Of here.
| Mr. Evarts-very well. We may ask what no had IN
| his mind when he wrote this letter
| Judge Ncilson-I think We will take it.
Mr. FuIerton- suppose that the fair legal and natural
inference would be had reference to those devices
which had practced for several years PRIOR ana
which ON very many occasions had been alluded TO ana
had been the subject OF conversation between these par
ties: and don't think that he ought to be allowed To
travel record OF these years to get at any oer
| signifcation Of the word :" devices " or device"
Mr. Evarts-I do not think my friends right In stating
az legal presumption, that man always has III La
| mind everything that has occurred
Mr. Fuerton-No; but II it Is in reference 10 law
suit them perhaps, he had better keep 1t In his mnh
he is going deal with afterward But here we nave
these parties meeting day after day and week after week.
closeed together getting up scheme after scheme anu
device after device, " accomplish given emu IL goes
on in that way years and years. and then one party
connected with the affair writes letter in which ha
speaks Of the device which they have resored TO- and
now tho witness is asked the stand, II you please.
what the word device" means when we have spent
much time here in proving these very deyices-n show
axuha he
the objects to DO accomplished by them. think, sir
that these TRANSACTIONS running through these various
years ought interpret themselves in the light OF hs
surr5nding circumstances which have been gwen ~
| evidence 4,
Judge Neson-Let the stenographef repeat the ques.
| ton.
Tho Tribune stenographer read the question as foows
| Now ask your attention to this clause
| have determined to make resistance. Theo.
dore's temperament is such that the future even 4
Temporarily earned would be absolutely worthless, filled
with abrupt changes, and rendering me liable at any
hour or day to he obliged to sultiy all the doVces ny
witch we have saved ourselves
O. Now Sir, what situation and what devices had you
| in mind in that clause Of your letteri
| Judge Neilson-we will take the answer Sir
The witnessThe situation that Of man that had
| been bankrupted in every way, and whom we wcra
endeavoring TO recuperate and restore The derIces
were among others, 5000 in April $3.50 and $500 at
different times, along through the PERIOD and various
things that helped hmthe devices Of soothing tho
preudces against him. and of preventing mems talking
to his disadvantage and everything else that would help
| him to become man agan-a man. mean, that LAO
overcome distrust and become apparently, again. man.
| Judge Neilson-well the expression, "savcd our
selves" Mr. Beecher-the last clause, what Of that
The Wtness-It was partnership Sir. We all in
the same boat together He had his why he did
not want matters to come out about his family and had
! my reasons
MIR. Evarts-Now, ask your attention TO this clause;
| Rad pod his Wifi fanlt he
upon with the utmost earnesness ana sOcnnlty hOs
to betray his wife. leave his children TO blight
What fault Of his wife, and what fact-in respect OF
what fact had he enjoned upon you not to betray his
| wife nor leave his children to blight
Mr. Fulerton-Now, if your Honor please, that Is ask
ing for an Interpretation Of Theodore Tions language
and not his own; and therefore object 10 il.
Judge Neilson-I think that question Objectionable
Mr. Evarts-The writer refers to some matters OF facs
| IN the expressions which he In this letter. My
inquiry was simply ask him what matters OF fact hey
were that he thus referred to.
Judge Neilson-welL / should allow you to put that;
but that Is not the question.
Mr. Fucrton-It is what matters OF fact Theodore Ill
| ton referred 10 the question involves that
Mr. Eyar6s-what matter OF fact Mr. Beecher referred
to- ITO the witness What facts did you refer to IN
| those statements 7
Mr.. Fullerton-That is more Objectionable than the
| other.
Judge Neilson--It struck me 1t was an Improvement
| Mr. Fuerton-Wel, ii IL an improvement the other
| way Sir What facts did Theodore Tilton refer to
Judge Neison-No what facts did the writer refer TOT
| Mr. Fulcrton-Ah. Sir; but he did not refer TO any
facts Honor will by reading the letter that tho
objection DO well taken. 4" He had condoned MS
| wifc's fault THAT H. Theodore Ton; he had en-
Joined upon me with the utmost earnesness and sole-
nifty not to betray his wife, leave his children To
| blight 1T Is what Theodore Tilton had DONE what
| fhaN