The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-20

instant death; / never stated anytn.ng TO that
effect; never charged Beecher with a plteou',
| beseecnng manner; you asked me u momenl ago
whether l read any part OF that statement or
whether read the whole OF 1t; can tell you;
did read that part a0ogt the pistol scene, aud |
can tell You OF somethng that will oe OF interest
to you In regard to that; Mr.. Beecher asked me
scene, and asked me II l iemem 1ered anvth ng
about that pistol part he said be did not; said
course there was no threat, and do not won Ter
that he aid not remember IL; do not remember
but may have done so; do remember conve rsa
ton at my house when she came there to see Mr.
S er wnen sae trea 60 get him to presde at
letter; THINK Mr.. Beecher brought me that
letter 90 not think mad heard about the letter
Delng sent to Mr. Beecner; mad talk with Mr..
Tilton about MIR. Beecner's presiding on the same
day he saw Mrs. Woodruff at my house; had no
tell Mrs. woodruff that and Mr.. Tllion did not
want Mr.: Beecher to know that her letter came az
man at my house that night; never Ound Mr.:
Ilton At Mrs. woodnulrs house when ! called
there lbefleve he always lett when left; dis.
approved OF the Bacon letter; advised against
It's publication.
Q. Did you advise against Mr. Tilton's first state.
sder as his first statement Mr.. Porter; ne made
three there is a first, second ana third statement
TO the committee; one was veroa.
z. They were not all to the commtteef A. Yes,
Q. The sworn statement you had advised against
! the one he calls the ''swOrn statementT' A. Yes,
sir; that Is the second statement
mentS A. Yes. sir. did; do not know how Mrs.
Triton found that out; 1t was not from me; ! do
Mr.. Tilton reported the interview ana what oc.
Cured there to him; l advised MIR. Tilton against
llshed; condemned Mr.. Beecrer Tor obtaining
the retracmon RON Mrs. D m!ion; ! do not
oil January advising Mr. Beecher not to
see Mr. Ttcn; do not remember on any occa-
municate through me; | advised silence IN regard
20 the woodruff caiumny; he discussed publish,
be done; mad not read all OF the Woodnull libel
at tnat time; understood very well what II
this hour; have hal conversations with people
about IL; knew the charge against Mr.. Beecher
that the article contained; did not know 1t
was 10 come before II appeared; needed 10 read
a portion OF ii IN order to find out what they did
charge; read more than tnat portion about my
self; think read the portion preiudlclal to Mr..
Beecher; do not know what else the article con-
tanned; the alterations Ia the Eagte card were
made by Mr.. kinsella, with my concurrence.
Judge Porter then read:-
have seen in the morning pagers that application
letters OF mine, supposed
Mouton Qnterrupting) What page?
Mr.. Porter-241.
for certain letters of mine supposed 70 contain nior
she has two business letters declining
solicited These and All the letters OF mine the hands
p6h 0S only @ 1tS SsI the
stories and ramors witch have 'ora time been crcu.
general and IN particular as utterly false
Judge Porter-Why did you concur in striking
out TINS word ralse'' and insert the word .'un.
truef" A. | do not remember why the word
"ialsep was cut out and the word "untruen in
serted; tue phraseoogy was made by Mr.. Kinsella.
Judge Fullerton then stated that he Thought
there was misprlnt somewhere, and when the
original document was examined " was found
that "false" was correct.
Wltness-l told Mr.. Beecher he might fall into
mistake by call ng the committee oilnvestlgation;
by advice OF counse! wrote min the letter that [
did on August 4; was not IN litigation at that
time, nor did expect to be; my ADVISER told me
10 Urir f1af laff EAnn al Rntln
wiser; he wrote me letter on June 90 or 80;
tha was the NJ, first snat heard from
he has been a friend to me befOre-an
adviser, the same as he was IN this case; have
do not think he was ever connected with our
affairs ia Washington he had been counsel Tor
Mr. jayne AGAINST us IN that business; that was
not relation between him and me, sir; don't
understand tie question in that way; That was
not relation between Mr. Butler and myself; he
was the counsel for Mr.. jayne, and never was
cou nsel Tor me except when he was my adviser;
there was no friendly advice while he was counsel
agains US; The friendly advice began in tins mat
ter; General Butler Is personal Trend OF mine;
he was not so when he was counsel Tor Jayne In
the suits against our firm; Mr. Tllton intro
/ duced General Butler to me; we settled
with tue governments we made a settlement
through MIR. Jayne; have known Mr.. Jayne ever
Jayne on Mr.. Beecher's affairs: we have had con.
Tor MN in regard 10 it, remember seeing him at
the Filth Avenue Hotel; think General Butler
wrote me that letter on June 20: he has acted
+
counsel and adviser; my letter OF August was
written by him; the letter OF Augusta was not
August a: that letter was written oy myself, in
conjunction with Theodore Tlton; Mr.. Tton was
OF August q; be had not been conferred with
S on the SUBJECT; / have never paid any
uad ees To General suef nave
tns matter; l have not engaged to pay any o. the
ees IN s ease nave nor to the e1
think have contributed to the publications. that
have been made from time TO time; have paid
nothing and promised nothing; all that paid was
IL my own litigation.
9. In connection with the indictments
Mr.. Beacn-Wait one moment. | object to any
evidence OF any libel suit.
Judge Nellson-All that have ruled out.
Mr.. Evarts-lt does not bear upon this witness
in weighing mis- testimony by the Court or jury.
understand, Your Honor, that when We offered to
cation OF thH indictments and under the civil
suits Tor llbels, you ruled that that does not con-
stitute evidence 70 aect his credit with the jury
as to mis- statements in TINS case
Judge Neilson-i 80 ruled. 1t has been decided
moSe tnan once in TINS case that criminal lndict.
ment does not adect the testimony OF the witness.
Mr.. EvarssI do not say that, but 1t Is tnat he IL
made party defendant on the same side OF con-
the condition OF persecutlon II you please. | don't
care whether II is persecution or not,
Mr.. Evarts-NOr |: but that he holds that posi-
ton IN regard TO the suits filed against him. Justly
or unjnsty. He is indicted for libel against Mr..
Judge Nelson-That does not AFFECT him here.
Mr.. EVarts- GU 80 rule?
Judge Neison-l so rule.
Mr.. UNDERSTANDING that goes to show the
animus or opposition between the witness and the
party against whom he IS testlfying Is primary
evidence to show That he Is not u disin lie rested
and impartial witness. but 10 himself party IN
the controversy, and now we offer this position If
all these suits as evidence that he Is not an i'm.
partial witness, but IS party to the controversy
Judge Neiison-l am ruling on the assumption
that some third person lot named has had, or has,
some litigation with the witness, case IN which
that thru person was the mover. We have IL
tt1Ia do a
ant avowed by himself yesterday. That TACT dig
tincty appears.
Mr.. Evarts-Have we It down on the record that
he has said that ne is hostile Witness
Judge NellsOn-Ihelr friendly relations ceased.
Mr.. Evarts-On, their friendly relations ceased
That Is not an ayowai That he is hostile and BIT
terly hostile.
Judge Neilson-Your Indictment ia broad
enough.
Mr. Eyarts-Tnat the jury VIII Judge or
Judge NeilSOn-i THINK you must DE content