New-York tribune., 1875-01-27

4
Mr. Evars-They give evidence In that way By asking
a man II what he told him & subject was true.
Judge NeIson-I have ruled that YOuf comprehensive
statement would get that what this witness said 70 this third
person was true
Mr. Fals0n-No; was It true that Mr. Bseehsr made that
statement 10 him, Mr. BeecheTs statement was true
| Judge Nelson-No
Mr. Fubrton-I would Ike to show that what the witness
sa'd to Mr. storrs true.
Judge Neison-It il not material TO Us Al all
MI Fuleron-In your ero-sexAmnaon you stated that Mr.
Ion told you his wife hod been before the Committee and
had left the house What else did he state 20 you that
Vesaon' A. That his wife Committee
| and that he had left the house
q That he had left the hoase Consequence OF It, under
stood you to say A Yea STR It consequence Of bis
wife having been before the committee and said that be
should never go back to t.
q Give us the whole conversation
Mr. EyarsThat depends whether it relates 10 this sub
| jeot
Judge Nelson-A subject you introduced
h EyarisWe prove single fact that he left the house.
and that he told him and that he advised him back
Judge Neons not the ree Of the conversation material
Mr. Egarts-If It related to other matters.
Judge NelsOn-NO, IL it related TO this matter
Mr. Evartslf it related his leaving and going back
Judge NesOn related the subject matter Of the con
| yersanon
Mr. Evarts-Your Honor that H. under cover OF that,
narrative Of conversations OF what pase between Mr. ron
and hs wife in general relating this matter Of controversy
If 10 be introduced, itis very different inquiry
Judge Nelsone general proposition Is that you having
introduced part Of the cal for the
Mr. Eyars that relates TO that subject apprehend and
nothing more in the same interview they and talk Of
other matters have introduced anything Of course
Mr. BeachWe do no, differ with the counsel in regard to the
| rule
Mr. Fuleron-Not an The gentleman is making objcc
lions before the questions asked.
Mr. EysusTAe questions general and the disposition OF
| tho Effuru afaF,
Mr. FuleronI glad TO bear the gentemans good opin
| ion Of him
| Mr. Ryarts-That IL 20.
| Mr. Fuierton-Answef the question.
The Wituesse said he had told his wife that he had
known Of the appointment OF the Committee and she had
told him that she going and he didn't want her go to
any Committee without consulting him and letting him know
che going, aud he didn't like that sort Of conduct That
was substantially the point
q Did he whether not he informed Of the sub
stance o hat that be ignorant Of III A lie
| did no; know anything about t.
z He did Dot know anything about III A. No, Sir.
q Did state in that conversation when he nrst heard OF
the appointment Of the Commee A. think he stated that
that the first he had heard OF IT, do not recolec dis
tDcy that that s what he sadthat he had not
heard u it before that
@ Do you recoect when this conversation took place A.
took paoe during the week Of the Of july think; be-
! tween the 5th and the 18th Of July think
q Do you know Il after ar Tton had been
before the Committee A. How it was after what
@ After Mrs Tl.on had been before the Committee A.
think before the Committee that dayhs evening
which he her my recollection serves me right
@ GIandng paper 10 uitness) pn your hand Exhl
Bit A. which proposed report Of Mr. Tton his hand
writing From dd yoa receive that A. think from
| Mr. Tilton
Q What do be sny regard IT the time he gave TO
| your
Mr. Eyars-Tfat object 10 il your Honor peasewhat-
ever said concerning the Of H. whatever 70 be
done with It, II that introduced by why that all very
we'll the subject between these two gentle
men, have proved act Of Mr. Ton with the
| paper does not admissible
Mr. Fueron-Of course we have night TO chow what Mr..
Ttn said passed the document over Your Honor
understands perfectly well that in that period Of the history OF
his scandal they doing great many different things for
the purpose Of conceang world truth, and his
va. one Of the schemes for that purpose that patch
and gloss over whole affair Il for the purpose Of
| ing his wife andc children that this
Jadge Neson-I think you confined TO any conversation
he had with presence Of that brought 70 The
| knowledge Of Mr. Beocher.
Mr. Fueron-I don't want to Initiate the counsel on the
other eide by arguing question after decided bntI ask
your Honor to consider a single moment that
trying prove Mr. Ton sad at the time OF the actual
| handing Of that paper 10 Mr. houlton
The Wtness-Mr Tracy party to IT, and he sad be re-
| membercd Mr. Beecher
Mr. Beach-Counsel on the other side conceded had a
night 20 show what Mr. ItOn SAID az 70 tne paper and what
was 70 be- done with IT,
| Judge Neiison-Instruc,ions Of course
M Evarts-That is instructions that paper but not
| conversations CO. corning liz contents.
Mr. Beach-Not concerning its contents. We not going
% ak anything regard contents; but hand your
Honor certain paper with request 10 do certain thing
with it, for certain purpose lis not that eyidenceT
Judge Neison-Yes sir.
Mr. Eyars- say give you that pap-r to give it 70 Mr.
Beeeher But say 81 give It to you for the purpose Of
deoeiving him. that no, adnis ble conversation.
Mr. Beach, ray is. give you paper, aud cay, II
want you to hat paper in particular way for particular
! purpose"
| Judge Nelson That you may show
Nj EyaIts-That be shown against them, and nos IN
fayer Of them.
Judge Eeison-we cannot see how THAI viii be.
| Mr. Eyars-W We could show that II d. We proved
their action they endeayor exp ain by words that
passed between them action which by way Of
examination prove because affect them with what they
saw but they affect themselves towards with what
passed between them,
| Mr. Beach-Let pat illustration TO your Honor
consider this rule Of practical importance and pledged
myself your Honor authorities sustaining the prop
osion which submitted while ago that wherever the act Of
any party given in evidence h declaration accompanying that
act admissible to explain to qualify II s general and
fundamental proposition Of evidences and suppose the gen
temans doctrine applied 70 all the various circumstances
which Of ustce-suppose man was indicted
for striking Mr. Esars comes 20 me Abu oeNers DioW IN
my face and at the instant Of delivering that blow he
me OF having injured form He gycs the motive
and the purpose which he delivers that act Can that act
be proved against Mr. Eyar without permitting him TO give the
declaration accompanying the act showing the motive
| end the purpose. Suppose he said 10 me- "hr.
Beach you have assaulted me- or you have circulated
infamous sIandes against my family" may not that be
given In evidence 10 characerze the ransacons And who
ever heard that declarations accompanying act given in e
denee against party witness cannot be given for the
pe OF ey1aniug the Circumstance which