New-York tribune., 1875-05-13

| u.
sons at any other time than December, 1901 A. Yes
| have in other months
@. What monthst A. I can't say, Sir.
O. No recollection as any month"; A. No. haven't;
1t was on the subject Of business could explain 1t to
| you in moment II you would let me.
@. DO you preserve your notes that you receiver N
| No. Sir.
O. Have you any notes IN existence that you re-
| ceived from Mr.. Boweni A. No. Sir.
O. Did you not receive note from Mr.. Bowen through
the hands Of Of his younger in December 1870.
and send back message to the effect to this effect
Yes; will attend to It," or something Of that kindi
A. In Decemberi
@. Yesi A. can't say.
| q. Why can't you say; don't you rcmemberf A. In
40 far regars-as said to you have received bust
| meas notes
@. Now, Mr. Freeland, please my question: A.
will do the best Mr. Fullerton TO answer your
questions but you put them in such way that cannot
answer them very well. aughterl II you will let me
tell the truth will tell it straight out in the best way
| possible.
| Q. am going TO deal with great A. Oh! 7 know
you going to deal with me- understand that per-
| fecty woll
O. Your answer to my question, Mr. Frceland, was
cannot say" Now, the other question which you have
not yet answered this "why can't you say
Have you memory upon the subject. You can't mis-
understand that question A. No memory upon the
subject have memory Of receiving notes. but not In
December, from-sO far regards Mr. Bowen in busi-
notes. have received business but did not re-
| ceve any note
| @. Now, Mr. Frceland, II you please
The wtness-My mouth is getting little dry; should
| like little water.
! Mr. Fulerton-wel shouldn't wonder II 1t was worn
| out.
The wtness-wcl should think yours would bo.
| (Laughter.l
q. Now, Mr. Frceland. will put the question and
peat your answer. and II get answer to
other question asked you whether not you had any
recollection Of having received note from Mr. Bowen
through the hands of OF his younger in Decem
ber 1870 and that you sent back reply in substance
like this Yes, will attend to it," Yonr answer was
| % have no recollection" Now my question to you Is
tls-your " cannot say :" my question to
you therefore, is his-Cant You say, because have
no recollection upon tho subject A. So far as 1t re-
| gards-lct mo answer now in my own way Will youf
| Will you let me answer it in my
| Mr. Fullerton-T think your Honor you will havo to
| take this witness in hand.
Judge Neilson-Go and answer the question he puts
| the best way you can.
The Witncss-I will.
Judge Neilson-And only that
The witncss-Judge Mr.. Bowen and myself had busi-
transactions used to pass notes between u.s. and
have received notes. but cannot tell what or how at
| that time.
Mr. Fullcron-Your Honor understands have put no
| question that leads to such answer as that.
Judge NclsOn-N0, OF course
Mr. Fullerton-Now, Mr. Freeland I will put the ques-
| ton to you again.
The witness-Yes Sir.
O. In to question whether you did not receive
in December, 1870 through the hands OF one OF
Mr. Bowens younger you did not reply in substance
Yes will attend to it," your answer was: 81 can't
say" Now my question to you ia very Observation-Disclosures
You unable to say whether that or not, be-
cause you1avo recollection upon the subject A.
do recolcct of receiving any note from Mr. Bowen In
| December.
@. Then you have recollection upon the subject,
| have youi A. Haven't answered ti
Q. Well, is that so Mr.. Freclandi A. said had no
recollection of receiving note i'll December from Mr.
| Bowen.
q. Now, I will put the question to You again.
Mr. Evarts-Wcll--
Mr.. Fullerton Well. WHAT
Mr.. Evarts-Hc has answered that question.
Mr.. FullcrtOn-No he has not answered but he Is
going before get through with him. ITO the
witncssl | asking about n certain note received
through the hands of of Mr.. Bowcns younger sons,
| to which you gave certain answer, namely: "Yes,
will attend to it," that in substance In respect TO
that you say: II do not rccOllect, or g can't say
NOw you unable to say because you have recol
lection of any such circumstance A. Well, now how do
| you want should answer that
| Judge Nelson-Either that you do recoect such a
| circumstance or you do not
Mr. Evarts-IIc has said he did not
The Wness-I said did not ; have said that several
| times.
Mr.. Evarts-H said 1t three times.
Mr. Fullerton-IIe has not said it, Sir he said that he
did recoect OF having received note The question
is whether he has any recollection upon that subject
Mr.. Evarts-Of receiving q note and sending an
| answer
Judge Neilson-Yes.
| Mr.. Fullcrton-That is the question; won't char
mo tl,a NJ
| house in December 1901 A. think not, Sir.
@. You say you think not can YOU say positively that
he not A. so far "a my knowledge extends he was
| not amt In the house all the time
o. Then he might have been there and you not know
uf A. lie might have been, certainly.
O. A little louder. A. lie might have been. but don't
believe he was.
Mr. Fulerton-I move to strike out the words don't
| believe he was"
Judge Neilson-Yes, Sir Will the audience keep quiet.
| please.
Mr.. Evarts-wclI, when the inquiry is what he knows
lie something from the witness, he does not mean
to prove the fact that when man Is not in the house all
| the while, another might come there without his
knowing it, We not to mpue any such folly To the
question The question is intended get at the wit
nesss impression that Mr. Bowen may fact have been
| at that house and he not have known it,
Judge Neson-Pease TO observe. Mr. Eyarts, the wit
ness answers his belief; whereas he has not been
| nterrogated as to his belief
| Mr. Evarts-very well then ! he should not ask
him that question, because you do not want to ask this
witness the question whether may not he at his
house when absent and he not know it, because We
| all know that.
Mr. Fullerton-We I don't think Mr.. Freeand-
Mr. Eyarts-And the object OF the inquiry is To produce
an impression that the witness thought Mr. Bowen might
have been there as matter OF OF possibility but
~ fact and therefore he answers He might have beon,
as matter Of possibility but matter OF fact have no
| idea he was there"
Ry Mr. Fulcrton-IIas Mr. Bowen been at your house