New-York tribune., 1875-05-13

Mr.. Beach, don't mink u Is unoocomhB '" """s W '00
me. Laughter.l
The WItncss-Thank you, Sir
Mr.. Fucrton-Well, tho spirit In which he maze tho
observation was unbecOmng.
Judge Neilson-T wish the audience would keep quiet
Mr. Freeand please attend TO the question ne puts ana
answer II the best you can.
Mr. Shearman-wcl. II your Honor please, 1t Ia ques
ton which needs little explanation it Is very rarely
that the witness understands what lawyers mean by
answering positively. We understand. OF course, but
very few witnesses do What Mr. Fullerton means is that
hr should be able 10 swear from absolute knowledge
Mr. Fullerton-Now one moment: object to this Sir; (;
there necessity for any explanation the question Is
not objected to. Sir,
Mr.. shcarman-I am perfectly right
Mr.. Fullerton nterruptingl-The question IL not OBJ
jected to- Sir and there Is occasion for discussion
The Witness-NOw, let me have the question; excuse
me; il have done any wrong ask your pardon most
sincerely.
Mr. Fullcrton-Oh! well. you need not ask my pardon
The Witness-I do, most sincerely
BY Mr.. FulertOn-yery well will commence
anew Now Mr. Reporter, will you be kind enough to
read that question:
The Tribune stenOgrapher Ireadngl: "Can You swear
positively that he has not caledH
The witness-wel, would not be willing to swear
positively
O. Very well that Is very fair answer, and am sat
isned Can't you say whether Mr. Beecher was at your
house in December, 1s70i A. cannot.
O. HOwi A. cannot
O. Was Mr. Beecher In the habit Of frequently calling
at your house at that time A. He calls occasionally
not very frequently.
@ Now, spoke Of that time, December, 1870, was he
then in the habit Of calling occasionally A. Yes, he
was don't know that he did call in December at all
don't remember that he did don't think he did.
O. Then yOu not positive that he did not call in
December. 1870, when you were home, are youf A.
am not positive.
O. DO you recollect of sending any message letter
to Mr. Bcechcr in December, 1901 A. No, Sir; did
not
Q. Can you say positively A. Yes, Sir; positively
can.
@. Well, you hadn't heard my whole question. Can
you say positively that you sent message letter to
Mr. Beecher in December, 1901 A. Yes, Sir; think
can say positively.
O. How you enabled to say pOsitivelyi A. never
wrote to Mr. Beecher note, to my knowledge.
@ Well, now, that only half OF the question
Ny question was whether you to him sent
a message to him in that month. A. don't remember
Of ever doing it.
@. Well, your answer you could say positively
that you did not A. | far regards the
letter.
Q. Very wei then. far sending message, yOu
cannot say positively that you did send amessage to
him in December 1870, understand A. No, cannot
say positively, but don't think dld
Mr.. Beach-Strike that out.
Mr.. Fullerton-One moment. move to strike that
out, Sir.
Judge Neiison-Yes
Mr. Fullerton"I don't think did" goes by the board
now. Did you send message to Mr. Beecher :
A. Oh, yes ; have sent messages to him.
@. Do you remember wheni A No.
@. DO you remember how often A. No. Sir.
O. But you have sent messages to hint A. Yes, Sir;
have sent messages.
O. You cannot recollcct the dates wheni A. No, Sir
Q. And you cannot rccoect tho substance OF the mes
sagcl A. No. Sir.
O. DO you recoect whether you sent messages to him
in 1901 A. No. Sir.
Q. You might have done and not remember ti A.
might have done so and not remember 1t.
q. IIOwl A. ! might, yes.
Q. Did you send messages to him in 1917 A. don't
remember
O. You might have done SO and forgotten iti A. Yes,
might have done
Q. And forgotten iti A. Yes. Sir.
Q. DO you recollect whether you Mr. Bcecher in
December, 1s7Ol A. don't remember it now dis
tinctly.
Q. You may have done so and forgotten it! A. Yes
Sir.
@. May have him a good many times in that
month and forgotten it, supposed A. Very likely.
@. Do you recollect whether you called upon him in
December, 1901 A do not
Y. ! Ou may nave done SO ana forgotten 1tf A.
might have forgotten IL.
O. May have called upon him number Of times in that
month, and forgotten itf A. Very likely.
Q. Have recollection upon that subjecti A. None
whatever.
@ That is mere blank to whether you did call or
not A. Yes Sir.
MR. FREELAND DEMURS TO A DELICATE
QUESTION.
@. Is your memory pretty good, Mr.. Free
landi A. Some things it is very good and very
bad.
Q. Pray tell me what is your agel A. Well, that is
pretty delicate question.
q. Well, | don't mean 10 be impertnent at all, Mr..
Freeand it question that is legitimate in this
A. You don't know whether am a widower not
@. No, don't know whether you a widower not.
Thope you not. only want TO know your age A.
Seventy-fve.
O. seventyhve. Your recollection is not good it
once. Mr. Freelandi A. No, Sir, it is not; some
things it Is as good was and others 1t is very
poor.
O. Well Sir, that is my infrmity also.
Mr. Evarts-Mr Fullerton, we have this paper here
now referring to the submission to arbitration.l
Mr.. Fulcrton-I have the name of Mr.. Bowcn's
now that could not recall moment ago. Mr.. Frecland.
A. suppose you mean John.
O. mean John yes. A. Yes.
O. John Elliott A. Yes.
O. And now want to ask you whether such note
delivered through his son, John Eliot Bowenl a.
What note do you speak Of
O. The note from Mr.. Bowen TO you, in December.
1901 A. DO you speak ofwhat note do you speak of
O. ask whether Mr.. Bowen did not write note to
and send it by the hands OF his son, John Eliot in De-
cember, 1870
Mr.. Beach-To which he replied.
The witness-ro which repledl
Mr. Beach-Yes-
Mr.. Fuerton-To which you replied yes" or 81 Will
attend to it," A. don't remember. Sir