New-York tribune., 1875-05-12


nous Of these two parties, originated from the
reputation Of the other Mr. TtOn. That would be PROV
Ing the truth OF the fact which alleged In the
communication. That do not undertake 10
do but the question ia, Ia Mr. Tilton truthful Mr.
Beecheri We say Mr.. Ton Ia truthful, because at that
time he did not know Mr. Tt0n at that time he had
ntimatioD Of the character OF Mr. Tlton for aught
then knew this other MI TiltOn may have been bre-
proachabe In reputation and in position. Well, Sir 1t
affects only the probability Of the truth OF his statement
and repeat inrnges in degree upon tho principles
stated in the Massachusetts decision cited Now sr It
would be very singular 1t to me- a circumstance
OF that character could not be proved and II exempt
fed in the simple illustration winch presented TO
your Honor, and 1t IS illustration which
has occurred again and again In this case.
and In various other before yonr Honor Mr. Tlton
says: This conversations did not occur with Mr. Beecher
because was absent" you please He has given that
testimony, Sir, upon bis present examination IN regard tn
the alleged conversation with Palmer and In regard to
the alleged truth OF the conversation related by WOodey
il Is sprinkled all through this Mr. Beechcr gave
the evidence in regard to alleged conversation
between himself and somebody else-Mrs Mouiton that
he was abseut Peekski. Why. the gentleman SAYS
you prove that fact He has brought half adozen
witnesses to prove IL.
Mr.. Evarts-I have said that. Cool gracousf
have never said anything Of that kind.
Mr.. Beach-Weil, good grac s; tho gentleman has
said those very words but be has said the prnc'p'
which would have excluded that very evidence.
Mr.. Evarts-Nothng like 1t.
Mr. BcechI say it is like it, Sir, and that is matter of
argument between counsel and myself And why sntit
like it, siri proves that Mr. Bccchcr at Peeksk.
provo that Mr. Tton did not know this other Tlton at
that time when Mr. Beecher says Ton appropriated 10
him the credit Of these rumors against himself.
Judge Neson-I think the analogy holds that fer.
Mr. 8eech-wel Sir then II II holds we certainly must
be entitled, upon the principle to give this proof
Judge Neson-YOu may ask him that question.
Mr.. Blackwell, Sir. If We ask him that question
whether he knew Mr. Tton at that time, suppose he
swers that he did know the man.
Judge Nelson-Or knew Of any reproach against him.
Mr.. Blackwell, Sir.
Mr. Morris-I think can obviate this by question
that will ask him now. IL you please.
Mr.. Evartswhen witness is askcd whether he made
statement to another at an interview located In place.
and defined In time proving that no was In Londons IL
direct proof that he did not make the staemcnt 1t
tho best proof 1t is not only proof that nothing OF the
kind was said, but it proof that nothing said 1t
not only proof that nothing said. but that no inter
view took place. not only that none took place. out tas
none possible.
Mr.. Morris-Woud not that raise the issuo--
Eyars-And Is direct evidence and OF course 1t can
be conradcod by proving that he Is here because II
on the direct point Of whether he told him So But my
friend can find no that preten1s to show that the
question whether tho statement alleged to have been
made would have been II made untrue, can be brought
as evidence that 1t was not made-not the least
Mr.. Beach-Suppose this case, Mr.. Evarts-
Mr. EvarsNor can you. on the other sde confirm ths
probability part that Mr.. Titon did make this
statement to Mr. Beecher by pr9ying that there was
scapegrace OF tho name that athered upon him
some his misdeeds You cannot 80 into that, and
certainly do not need to against the PROOF of an
abi being of that nature. The abb conradlcts the
interview, in which interview the statement Is said to
have taken place. Now. the familiar case is whore
statement of payment-a who had made a statement
OF payments not permitted to be corr0boraedDy sho"
ing that he had the means OF payment
Judge Neison-we, he might apply his means TO other
sOurces-uses.
Mr. Evars-The case Of Collins agt Stevenson. in ~
Massachusetts. is to the same effect.
Tho testimony that certain statements were made TO
witness cannot be contradiced by evidence that tho
statements TO which he testified were not true
Now, this Is an argument that statement was net
true would true, and that he did not know
anything the that he stated and it comos
directly within the rule
Judge NelsonWe could not take testimony that 1t II
true by inquiring this other Mr.. Tton was
man of good bad character anything of that kind
Mr.. Eyarts-Or whether Mr.. Tilton knew it.
Judge NeilsOn-wcl, that is the point think yos
may ntcrrogate him. whether he then knew what the
character and reputation OF this other Mr. Tilton was
that Is as far you go.
Mr.. Evarts-Does your Honor admit tf
Judge Neson-That far that one question.
Mr.. Evarts-What one question is thati
BY Mr. Morrs-I will see If this question covers It. How
are You enabled to state that you did not state to Mr.
Beecher anything in regard to Theodore H. Ton at tto
time when Mr.. Bcecher says you did.
Judge Neson-No; that too much in the way of argu
ment
Mr.. Evarts-I object to It,
Mr.. Beach-wel. we propose this question At tho
time of which Mr. Beccher speaks of an aluson made by
you to Theodore ii. Ton, any other person bearing
your name, were you acquainted with that person, Mr.
Tiltonf
Mr.. Evarts-That object to-
Mr. Beach-Or were you acquainted with his char
acteri
Mr. Evarts-well, either or bothi
Mr.. Beach-Yes, Sir.
branch.
Judgo Nelson-I think no may answer that; say you
not
The Witness-I simply knew that there such per-
son. and never heard any thing against his character until
two or three years later.
Judge Neson-Yery well; that covers It,
The witness-Your Honor don't wish to sit In this
chair and be the accuser any maR, aud all brought
with me, Sir, was simply the record OF a court.
Judge Neison-No; not trying that other man
at all.
The witness-No Sir; do not wish to accuse him.
Judge Neson-NO, Sir.
Mr. Evarts-Ths does not so into the evidence this
passagei
Judge Neison-No, Sir.
THE RED LOUNGE INTERVIEW DENIED
In TOTO.
By Mr.. Morris-NIr. TiltOn. Miss Turne.
spoke of an interview that You had with her. alleged
interview up stairs in your bedroom, long interview In
which you referred TO the red lounge in your house.