The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-05-11

Judge at this point interrupted and said he
was satisfied without seeming to deny thaG
there might be exceptions to general evidence
and it would be remarkable if they could nnu
lule without exception The basis of the ap-
plication was founded npon the opening OF tne
learned counsel for the defendant. The o0ser-
walton of the defendant was not suggested 70
him. That part of the opening ii not proven
goes for nothing and ought not to have been
made, and might as well not exist. The oD-
servation of the defendant was uncalled Ior
and was his mere opinion and does not appear
to have case to rest upon. 1t was an uncnar-
table observation resting or made on suspl-
con. Court would instruct the jury not to be
carried away by such observations, but the tes-
timony could not be received.
Exception was taken and another witness
was called
Mrs Sarah Eddy, a friend of Mrs. Moulton
came into court with that lady and was sworn.
She testified that in 1871 she met Beecher on
the steps Of Moulton's house. She was ascend
ing as he was descending. She was acquainted
with Beecher then. He did not notice her and
she did not salute him. Mrs. Moulton opened
the doorlwthout her ringing or knocking and
let her in and must have seen her come. MIS-
MOulton was greatly agitated.
Mr.. Evarts objected to the conversation be-
tween these ladies.
MI. 1Fullerlon offered to show that Mrs.
Moulton told this lady the same story substan,
TALLY she told her uncle, and the court excluded
Witness said in 1873 she went into the coun-
try, and it was shortly before that she net
Beecher coming down from Moultons door.
She can tIrememberwh it was she saw 'ecn
er, but thinks it was early in tho morning, IL
or ~ clock.
1Cross examined by Mr.. Evarts.
Her husband, Robert Eddy, was and is in the
| employ of Woodruff & Robinson, Moulton >
| II o'clock in the morning. Her house was
short distance from Mrs MOulton's. She
knows Mr. Caldwell aud remembers his going
| to Europe, but cannot remember when this
visit was made, before or after it. She does DOT
know whether Moulton was sick or not at the
time of this call.
Mrs. Emma r. Moulton was recalled and
testified that she recollects the call OF last wit
ness, and that it was on the same day as the
| conversation with Beecner, WHICH SIG has hAou
| as June, 1873.
Mr.. Fulerton-That is all will prove by
Mrs. Mouton Just now, but we shall recall her
again.
Cross-examined.
She means now to state that Mrs. Eddy
| called on her June 3D. She knows that because
| II was on the I'd of June she had conversation
| with Beecher 1t is wholly in regard to her
| opinion as to thhe conversation with Beecher
| having been on the I'd of Jnne, that she fixed
| Mrs Eddy's visit on that date.
| Frederick w. Mitchell was sworn and testi-
| fed. He resides in Norwalk Conn. He was a
| book keeper for Woodruff u Clahin IN 1911 at
| A Broad street, New York. He left there IN
| October 1871. He knew colored boy IN their
| employ named Woodleigh. He used to sell
| their newspapers on his own account This
| bow could scarce write his name and witness
does not think he could write. Never saw
| Woodlegh making selections from exchanges
Witness was behind the desk and Woodlelgh
was around the office and had nothing to DO
| with the exchanges except to bring them from
| the postoffice, and never saw him open thehi:
| Witness got there at $40 in the morning and
left at 800, and the office was closed at IN the
| afternoon. There was the main office and two
| rear rooms Has seen Triton there I"o VI 'nieo
| times week.
DETERMINATIONS tell what Wood.
| leigh did in the office after October. or what
progress he made in learning to READ OF
write. To his knowledge WoodleIgh hadn
anything month. Witness had notnihs 10 ~
| with the paper and was occupied with STOCKS
and so on. He occasionarly went inside to see
| Blood, but not about newspaper business, ana
does not know what took place after $50 p. m:
Mary Catharine Mcdonald, woman about
50 years of age, dressed in black, testi m1,
She resides on Livingstone street, with Triton.
She has resided there off and on ever since ne
| was married She would go to his parents In
| Keyport, N. j., aud then come back after few
weeks. This was generally in the summer.
She recollected Mrs. Tilton's going to Month
cello. Witness wasithere in Livingstone street
| 1t was in the latter part of July, but cannot
| remember the year, but thinks it was foul
years ago She has one letter in her posses.
sion that Mrs. Tilton sent her. She remained
in the house on Livingstone street three or four
| DAYS after Mrs. T. left for Monticello, and
then went down to Keyport where the letter
| is. Miss Turner left the house the day before
witness did for Keyport Witness arrived there
on Monday and sac thinks Bessie did not ar
rive in Keyport till Tuesday. The day witness
left for Keyport Greeley was not there, but
Tilton was expecting him. Witness thinks
Bessie did nOtigo to Monticello that DAY. II
| Bessie left to go to Monticello.
Court adjourned at p. m.