The New York herald., 1875-03-25

the first num5er of the Golden Age was issued
lie OF Victoria wooohull; soon alter that met
Tllton on the Wall street Jerryboat; | referred 10
hne Lie OF "ooahun ana ss9 no 10 a,i iaia .Jona
Southwick, when was badly treated oy Henry Z.
Bowen ana oppressed by MIN swore an oatn on
my benGed knees that the first poor person met
l would endeayor to serve, ana have met that
person IN Mrs. Woodruff, VINO Is naturaEporn
lady and
AS PURE AS AN ANGELO
The witness gave another long conversation
with Tilton il winch Tilton said, ~ nave written
the lie Oh Victoria woodruff and glory IN lt;"
remember the publication of tue Woodruff scan
dai; soon alter tnat a few nighIs before election,
met Mr Tton; ne spoke 10 me about this publ
cation and sald there was a wheel within wheel;
asked lilton about the pistol scene; ne said
there was not word OF truth in 1t: in reply 10 my
question as To whether there was any truth In the
charge that Mr.. Beecher had committed adultery
NOT A WORD OF TRUTH IN IT.
9; Do you remember having any conversation
with rilton on New Years Day. 1873, about your
pattDer, Mr.. Jackson 5. Schultz, calling him u
black mailerS A.. Yes, SIR; was at Mr.. Mouitons
house on t1at day, and Mr.. Tllton said, "Your
4 blackmaier;n Answered III he has Mr.. Tilton,
he must have good cause for it," Mr. TIton re-
"Mr. Schultz Is good-natured man. and do not
thiaS he would make use OF such an expression
me had no cause or itn and that Henry Ward
Beecher was writing him letter that day, and he
would retract that tomorrow
z. VINO dd he mean by he A. Jackson 81
Schulz.
z. wen go on? A. said TO Mr.. IIlton tnar II
Mr.. Beecher had been foolish enough TO write TO
Mr.. Scnu!tz he would get as good back AS he sent;
MI Tilton then again says ,he wiil retraet 1t to-
Schultz has made the charge, DON'T think this Is
the place TO discuss the matter IN the presence OF
lett.
q. State what were the terms to the subscrlp-
ton TO the Golden Age? A. The loan Mr. Tilton
was to give was at the rate of seven per cent per
annum; drew up the form OF note payable To
Theodore TlltOn, the sole proprietor OF the Golden
AgP. Witness read the form The note
gave the particulars oi the agreement) He said,
81 pad In my subscription on september 10, 1871;
think gave hum q check for it; Iatterward re-
eeiVed the note; | paid $780, hall OF my suoscrip-
ton Of $1,000 which agreed to pay at that time"
z. Now, when was 1t that the change was made
In the management OF the terms OF the Golden
Age A. A change was made in the agreement OF
mer; Mr.. Woodruff came to my office; that change
was made on the intervention OF Mr.. woodruff
z. What was the reason assigned Tor that
change Ia tue arrangement OF the paperP
OBJECTED to by Mr.. Beach.
Mr. Tracy-1 dld not ask what the conversation
Q. Did you have any talk with Mr.. Triton about
this change in the arrangement? A. l dont
Q. WHAT was the nature Of the change? A. The
change was made to give up TO Theodore Iilton
ment OF the money; we were to make MIN q pres
ent OF half TOR our release from the payment OF
the balance OF The subscription.
z. Was that arrangement made with you by Mr.
Franklin woodruff? A. Yes, SIR.
Q. For whom did Mr.. Woodruff propose to act
in making thsr arrangement?
Obected to by Mr.. Beach.
Mr.. Tracy said-I propose TO show by this witness
that The arrangement vas made by Mr.. Woodruff
with Mr.. TlltOn'S consent
Mr.. Shearman then rose and read from the evil
their right to inquire on this subject OF the
authority upon winch Mr.. Woodruff acted in the
Judge Nelson said he would allow the counsel
to 60 on with that question
SAID on that occasion?
Mr.. Beach stlll objected and excepted to the ruiz
ing OF Court. OIL the ground that II was not shown
that MT. Woodruff was acung as Mr. nlton's
q. Now, did Mr wooarur tell you TO surrender
your note In consideration OF your being released
A.. He did sir.
Q. WHAT did he sayY
objected to by Mr.. Beacn.
MIR. Tracy said that Theodore Tilton had ex-
pressed TO Franklin WoodrudY belief that an
arrangement could be made with tue subscribers,
and Mr. woodruff said that 1t could be made,
and that made Mr.. Woodruff his agent. We are
therefore entitled to know. what he said to M.
to surrender that note.
Mr.. Beach argued that Mr.. Woodruff was not the
would accept that arrangement and try and pre-
vai Oh the others to do SO, that did not give nina
the part Of Mr. Woodruff. Mr. .on Only acceded ed
TO his endeavors to do this, and nothing more.
The Court could not surely consider tnat to be
Judge Nelson SAID that Ar. Woodruff was taciLly
understood to broacn and bring forward this
SO ar as that, II he made an arrangement, he
would be bound to II.
MIR. Beach argued that NO representations were
to be made. II was simple negative PROPOSE.
tton
WOODRUFF TnTON's AGENT.
The Court remarked that 1T enabled him to 40
all that was necessary TO consummate that act.
MIR. Beach SAID 1t was only u question OF the re-
lease OF MIR. Hilton by his creditors; willing
TO accept that but did that entitie any person to
make amy representations to Mr.. Southwick or to
any other person.
Mr.. Tracy said-I propose to prove what passed
between Franklin Woodruff ana Mr. Soutnwick-
what induced him to surrender Theodore 1tltons
that Mr.. Woodruff said, '.Now is tfe time lor you
to get out OF the GOJIen Age, as 1t Is a bankrupt
"The Lie OF WOodhnii' Killed 1t. Now was tho
best time to get out OF It.
mir. Beach sald Mr.. woodruff had been assured
that 1t as prosperous, and His Honor could now
see tnat they proposed TO show what was unjust
and untrue, that the enterprise was bankrupt.
MIR. Evarts sald II would be remembered that
Mr.. WOodruff was the original agent in making
the arrangements among these gentlemen ana
ladies' IN the establishment OF the GOiden Age.
The proposal to pay up these Subscriptions was
one which required argument and influence, and
the use thereof having been acqulesced In by Mr..
Tllton, he Is bound by the representations and
words OF the man whom he so authorizes. his ac-
sary TO be USED constituted an agency.
Judge Neson-ls 1t testimony what Mr.. Wood.
ruh said about the influence oil the Life OF Wood
hulf' on the Golden Age
Mr.. Evarts replied that 1t was evidence. The
question sought to be determined was II the argu-
ments were used III good iaith lor the benefit OF
MIR. Iilton.
Mr.. Beach said that his learned brother had
assumed The TACT OF agency and, with that
premises assumed, it was very easy TO argue to
his side OF tue question. The primary fact was
whether Mr.. Woodrun was a constituted agent OF
Mr.. Iiiton TO use arguments, to make suggestions
and 10 enter mto cOnve rsatlon with MIR. south
wick TO procure the surrender OF the note and
this subscrlptlon. If what they propose 10 prove
Is true, then Mr.. WoouruH came not to bestoW
benelaction to Tllton but to get himself and his
co-subsCrlbers free from an onerou5 situation.
The proposition In that view OF the case. that MIR.
TLton authorized him TO make representations
which never suggested themselves 20 his mind,
was Que OF the most extraordinary propositions
that has ever been heard in a court OF justice.
Mr. Evarts-Will Your Honor allow me to mako
suggestion
The Court think that closes the argument
think Will take the testimony.
General Tracy-Please state what Mr. woodruff
SAID to you when he went to you on the occasion
referred to.
Mr.. Beach, object.
WHAT Mr.. WOODRUFF SAID OF TILToN.
MI WnnQruIf me In