New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-29
THE CONVERSATION RULED OUT.

inference from or from his verbal decar
tons admissions no is entitled to demand that an e
circumstances and particulars OF conversations relating
to the subjectDater shall be taken into consideration
even though some ofthe conversations took place upon
different days
my learned friend wrong hs estimate OF the ac
tua situation. 1t after the publication of the Bacon
letter that this interview which call attention occurred
in reference TO what Mr. Ton should do in answer 10
Dr. BacOn cOntImelious observations they were such
what be done prevent the injury 10 Mr. Tlons
family which would grow out of meeting OF the Bacon
letter, in its mputatOns against Mr.. Beecher, by Mr.
Beecher by public investigation. That Is the situation
Judge Neison-Thc conversation with the witness that
you propose give after the publication OF Mr. Til
tons Bacon letter.
Mr.. Evars-Yes, Sir
Judge NeilsOn--SO | understood | think that
strengthens the objection to it.
Mr.. Beach-what possible analogy any legal mind, not
to say any humfn mind, between this authority
and this question:
Judge Neilson-That is a good authority properly
applied Sir. That is all the trouble. think we VIII not
receive this Mr.. Evarts.
Mr. Evars-we Sir 1t was applied to the proposition
that III the OF relation from which conclusion
is drawn you cannot limit party to the right to give
the conversation where the conclusion is drawn but he
may prove preceding though on different days
Judge Internationally.
Mr. Evarts-That is my proposon-all these CONVEX
satIons as they occurred between the parties
Mr.. Beach-That is another matter
Mr.. Evarts-It is not. Do you say
Mr.. Beach, beg your pardon.
Judge misunderstanding this an independent con
versaton not opened by the plaintiff think We cannot
receive this evidence.
Mr.. Evarts-vory WELL Sir. will lay foundation for
the proof and your Honor will dispose OF it.
Q. Did yOu have an interview with Mr. MOulton on or
after the cath Of June OF last ycari A. On the evening
OF the 2ith of june if that is the date on which the
Bacon letter" published in The Goiden Age had
an interview with Mr.. MOulOn.
O. Where was that A. At his house
O. How did that interview about A. He sent for
to come to his house.
O. Did you go by Mr.. Beecher's procurement in any
way, A. No. Sir.
q. Had you any authority from him, or had lie any
knowledge OF your goinsi A. No. Sir.
Q. Now, Sir what matter was brought to your atten
ton by Mr. Moult0n at that interview A. Mr. Tiltons
letter to Dr. Leonard Bacon.
q. Had you seen 1t beforei A. No, Sir.
@. Did you know OF its existence publications A.
did not.
q. Did Mr. Mouton state to You what the objects Of
his-what his object having this interview with you
vast
Mr.. Beach, object TO it.
Judge NesOn-We cannot take that.
Mr. Evarts-NOw, | propose TO show, II your Honor
please land will make my Offer brief, that Mr.. Moulton
desired tho attention Of Mr. Tracy and his suggestions
proper treatment Of this publication in reference
to preventing any investigation further publicity
proceeding from Mr.. Bcecher.
Mr. Beach, object to it, OF course. Sir.
Mr. Evarts-Yes understand Your Honor excludes
that evidcnccf
Judge NcisOn-Ycs.
Mr.. Evarts-And except
Judge Neson-On the former occasion, when the con
versation with Mr. Tracy at Mr.. MOuOn's house was ad
mitted the when Mr.. Woodruff was there, it
was received rshtfuly wrOngfully in view OF the
evidence then before u.s. showing that the interview
pursuance of arrangement with Mr. Beecher and
there question Of fact to be passed upon finally by the
Jury This occurs long aftcrward and is utterly discon
nected it is after the publication of Mr. Ttons
letter TO DE- Bacon l think it is an independent con-
versation and cannot received II stands precisely
If Mr. Moulton had cOnverscd with any other person
the subject.
Mr. Evarts-As if there two strangers talking
together.
Judge NCils0n-Ics, Sir
Mr. Evarts-There is a view. perhaps however, that
your Honor should take into your survey, and that is
that evidence been given Of subsequent following in
terviews in which It has been claimed the other side
that Mr. Tracy was there the representative OF Mr.
Beechcr
Mr. Beach-ThOse we're given on our part as charging
Mr. Beecher.
Mr.. Eyarts-Ycs; as charging Mr. Beecher.
Mr.. Beach-Quite different attitude. and different
Mr. Evarts-But o the ground that Mr.. Tracy in
by Mr. Beecher's procurement and il has been shown
that this interview that have brought to your ionors
attention was not by Mr. Beechers procurement, nor
upon any authority from him. must leave it, OF course
to your Honor's ruling and my exception.