New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-05

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about it. then said to him, 1t has been my course
years past decline speaking with on this sub
ect" He said That ia what You must say to the Com
mittee 90 before the Committee and say that; which
did might add further said farther to him that II
could say anything concerning my knowledge OF the
family would do So but 10 answering that question
| declined.
O Mr. Richards YOU quite sure that In that CONVEX
saton Mr. Tracy told you ho was Mr. Beeehers lawyer
A. No Sir he sast he his counsel tbst 10 the word
he made uss Of
@. Counsel for Mr.. Beecher I A. Yea. Sir.
Q. Do you know Bessie Tnrnerf A. Yes, Sip
Q She states that In the month Of December 1870.
tSink about the idleths Itthshe called uon ven al
the office OF The Brnno Posi- in the City OF Newyork'
and rade certain communication TO you there n regard
TO Mr. TiItons abuse his wife and OF her Was there
any
Mr. Egsyts-What pags'
Mr. Begrh-That IL upOs blank page in my memory.
Mr.. Evarss--I cannot tbd 10.
Mr.. Beach Il cannot help You. ITO the wtnessl Did
call upon you that place at that PERIOD or any
other period. md mako any communication OF
teri
Mr. Evarts-Thst object 70. II your Honor please.
until find tho passage which it is based
Mr.. Beach-ThE is not a gosd objection; but VIII
watt II counsel asks.
Judge Neilsen-Shc made q statement on thai subject
Mr. Evarts-Yes. Str: ana want to see what It WAS
Mr. Pullerton-Ycu will find 1t in the proceedings OF
March 10. 1876 it may have been 1874, but think it
WA 1878.
Mr. INSTRUMENTATION
Mr. Fullerton-You will find In BOTH in March. 1879
part OF the direct, and part of it in the CROSS
Dir. Shearman-I don't find 1t.
Mr.. Pullerton-That don't
Mr.. Beach-That don't prove IT is not there.
Mr.. Shearman-It is indirect proof
Mr. Fuerton-Counsei will recollect she said on the
same day she visited Mr. Richards ard Mrs. Bradshaw
tI.aaa rS,ran ia.
The COurt-Yes
Mr. FuIerton-And MI Richards took her ont OF the
room whore found her. and took her stairs to phi
vate room to have a conversation
Mr. Eyarts-This is the state the matter upon the
judicial question The plaintiff by his counsel. intro
duces into a crossexamDstion inquiries "a to what Miss
Turner had said to various peope-Judge Morse, Mrs
Richards Miss Oakley Mrs. Bradshaw. Now, the pas
sage which have under my eye is what she did tell
think told the Committee that Mr.. Titon told me
that the very day after vethe very day after we got
back from Marietta"
go From Mariettai A. Yes. Sir.
I'd Very well To whom did you tell this story hrst
on the lh OF December OF the persons that you have
20 The story which You Told to these various persons,
on the l4th OF Deccmberi A The story In regard to
80 Vest A. Who did I tell hrstf
90 Which of them did you tell Arstf A. think
went a@1 to Sn the Office Of ne Se Post,
That ia the passage TO which you refer
Mr.. Fuierton-Yes; that is part OF it.
Mr.. Eyarts-NOw. there is another question.
MI Morris-where she speaks specifically about
Mr. Evarts-Yes; bus still crossexaminaton
"Mr. FuIlerton-you went TO The Erenin0 Post office,
i@ @S 70 ses Mr. A Ri Sssa A. Yes Sir
40. Do you refer to the brother OF Mrs I1itont A.
The brother Of Mrs. Eton; yes sir tat Ia the only MT
| Rohards know.
20. Mr. Joseph II. Richards A. Mr. Joseph H. Rich
20 And you told him this story there at The Post
Officer a. told him which story =, H., Wall 40
90. The story which you did tell him A. well 90
you mean that told him in regard TO myself ~,
80 Yes. A. And Mr.. Tiltons unkndness to Mrs TIL
10 Yes A. did not tell him right there In the room
took me stairs 6 and soS 6a min 1t in the
building, though, Of The Ereni'sg Post
Now that is the only matter and the whole OF It, for
ali know And they caH Mr. Richards 20 give his
narrative of what she told him. Well now, what she
told him wholly immateral TO the issue in this case 1t
ia collateral entirely, and they draw 1t out on crossex-
animation. Tie point they made in regard to the last
matter With this witness that 1t was our direct
They drew IL crOss-examinaten, and got from
her whether told the story not differently from
what told there but she told 1t here That Is the
| point.
aris st all
Mr. Evarts- Well they could not ask her even about
|
| that
Mr. Fullerton-Your Honor will perceive at once thai
they attempted to mpeaoh Mr. f1lton by showing hls
abuse OF his wife and they entered into particulars ever
TO the which he used and the occasion when they
were used They further They attempted to show
by this witness that MI Tton had entered her room
the t son. and had been guilty OF outrageous con
duct there all Of which she testified TO on the stand
becomes important for us TO show whether she mad
had not ever told that story before she came on I'M
stand She says she did tell it TO Mr.. Richards, to Mrs
BRADSHAW to Miss Oakley and others. Is 1t not oonpe
tent FOR us To produce those witnesses severay ant
show she never told them such storyf We suppose
il a recent invention We suppose it gotten up II
that two hours conversation at Mrs Ovington's on
afternoon and we propose to show by these witnesses
or by some Of them that she never opened her lips
any time or place and told that story which she related
| here II does relate to the issue in this case
Judge Neison-It comes very close home TO Nh Ill
| ton, Of course.
| Mr. Reach-They opened this subject. The counsel 4
entirely misaken in assuming that IT called out OF
crosse Examination.
| Judge Nelson-YOu find Is there.
Mr. Deach-Yes Sir The question put by NJ Porte
was this:
O. Did YOU ever tell any one that Mr.. rlton had at
| tenn pted 10 violate your personi A Yes, Sr'
| q. H0wt A. did; YES Slr' . r.o,, =. o.
FIVE persons.
And when we come to the ssersu,nstion we get gu
the five persons.
Judge Neilson-This wi%sess eelng one OF themf
Mr. Bcsch-Yes, IL, think that settles the case
Judge NesOI-a ~ one aspect OF the case 'nies
does
Mr.. Gvarts-rhe law suppose, Is very clear con
atory statements that the witness has told ne sam
story out OF court, not admissible.
Judge Neilson-N0
NJ Beach-rhey are sometimes not as general pros
oston but there are exceptions TO that rule.
Mr.. Evarts-They are very peculiar.
Mr. rullerton-There are exceptions, peculiar or not
Mr.. Evarts-This Is not ona Of them
Mr. Fullerton-we didn't say 1t was