New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-31

produced rough draft II remember Alright, OF such an
agreement and talked for long while and lt
was finally concluded that settlement could be made
with Mr.. Bowen, that Mr.. Tlton would sign IT,
O. No asked what was said, and not what was con
cluded. A. We only concluded from what was sad-I
had no other way conclude except from what these
gentlemen said
O. II you will tell us what was said, Mr.. Cls6in.
Mr. shearman-One moment. I cannot talk 20 two at
once.
Mr. FullertOn-You keep quiet while am talking.
Mr. shearman-The witness said It agreed they
should sign lt-that settlement was had
Mr. Tracy-I say that is an answer to the question
Mr. Fullerton-I say II is not.
Judge Nelson-I think we will let it stand You can
r peat your question.
Mr. FullerOn-Is this witness 10 determine that there
was an agreement there ON that OccasiOni
Judge Nelson-NO.
Mr. Fullerton-weI he assumes determine that i'm
portan fact him to tell what Gee urred, and
let the Jury determine whether 1t amounted 70 the dig
nifty Of an agreement or not
Judge Neilson-well. the witness understands that
now.
Mr. Tracy-If your Honor will pardon me-
Judge Neilson will let it stand, unless you insist on
striking II out.
Mr. Tracy-Oh, beg your pardon; thought the rul-
ing the other way
Judge Neilson-We viii take the conversation.
Mr. Fullerton-Lst his conclusion stand AMI take the
conversational
Judge Neilson-Yes.
Mr. Beach-we except to that ruling, il your Honor
please
Mr. Furerton-I want you to state, Mr.. Cafiin what
was said by the parties that interview and let others
determine whether IL agreement or not A. MI.
TltOn insisted all the way through that this pubhcaton
would made and nothing could stop 1t except set
Element was made by Mr. Bowen. Mr. Bowen, he said,
l ffnrs Of
contract that had been male AMI be going To have
satisfaction and unless he had it would publish that
| agreement
@. Publish that agreements A Publish that state
ment-' Personal Statement
q. Well A. Well. SIR there was considerable talk
O. That considerable talk is what want. A | cannot
remember what it was; couli give you the Ian
guagc could OF what talked with nv partner only
yesterday important subject but know that tAat
was the subject OF the conversation.
Q. What you have now statedl A. Yes, Sir.
O. And you have now stated all you recOllectf A.
Il was agreed that should have meeting the next
evening.
Mr. MOrris-NO.
Mr. FulltrtOn-One moment.
Judge NeilsOn-That is mere agreement
Mr.. Fulerton-leforc you to tAdt want to
know whether you relate all chat you remember mat
took place between the parties gard 20 the Trplr
lie Agrccmentf \. 1t was said by Mr WliNson and
myself that had doubt NJ Bowen would come INTO
an arrangement or a scttlem In way by arbi-
traton and that that being done t understood that
the papers that talking ABOUT that NJ. Wke-
son had spokt n Of, should b. burned.
q You are speaking OK the fist maetnsi a, Yes,
sir: sunday night.
a. II you remember anything else please st,ta itl A
think have given you hs sI5stnc3 Of tAe conversa-
ton that night 1t ran into the tin Of the x night
very much.
O. The conversation Of the first night did not run INTO
the meeting OF the second nguf, dd ~ ~ We proposed
10 continue the meeting the next ns ht.
O. Mr. Clahin, don't mtcrminse the two occasions.
want you 20 and state, until you have exhausted
YOUR memory as what occurred at the first mcctlng
leave the second meeun; by itself. A. Yes Sir. Well
Sir believe have stated the substance OF that otng
O. moment since you said that something was agreed
upon there. Have you stated all tlLt occurred there,
and all that said by any party 20 tnat meeting from
which you inferred there an aSrcom Mt A. spoke
OF AN agreement abiding to tn- " Personal statement"
Icorrcct myself there, Wln SPIKE OK his agree
mcnt meant the Personal 5Item mt"
O. You said, in effect, that ,tin; was agreed to in
that conversation the first meeting a Yes Sir.
u Now You stated al thai there said by any
party there which you inferred that something was
agreed to \. l sad thai II. ritOn AMI Nj Mouiaon-
Mr.. FulcgJOu-IOu are not IN wcrlns my question.
The Wimess-Wont you please give Inc Tic question
AGAIN