New-York tribune., 1875-05-14
Ir. Shearman-That is all, Sir.
HORACE b. CLAFLIN RECALLED.


Mr.. Shearman called Charles StOrrs. but be-
fore the witness could take the stand changed his mind
and called IL L. Clain who thereupon further ex
ainned az follows:
BY Mr. Shearrnan-You one OF the arbitratOrs be-
tween Mr.. Bowen aud Mr. TiltoD, bclievei A. Yes
Sir.
Q. You we're present at the arbitration April s.
1921 A. Yes. Sir
@. Look at this paper, the written submission, Ex
I22" and whether you that paper before
A. inspecting papcrl No. I never saw it.
O. Look carefully over it; look at the sgnaturesi A.
| ! SEQ it; never saw it, Sir
O. Was this paper read in your presence or hcarngl
A. did not hear it, Sir have no recollection about 1t
| at all
O. Were you informed at any time on April 3. 1872, OF
| the existence of such papcri A. No, Sir.
O. Did you hear OF its existence before the trial OF
! this causei A. No, Sir
! Mr.. Bcach-That is objected to-
| Mr. shcarman ! don't discover any objection to II.
Mr.. Beach-Well object whether you discover 1t or
Mr. shcarman-Mr Bowen gives this testimony tRcad-
ing:l
Q. Then how did the Arbitration Court organize and
commence its sttings! A. They gathered about the
table and were about To proceed when interrupted
them by saying Gentlemen, what are we to submit =
Aud they said " The matters between Mr. Tilton and
Yourself" said that should decline taking one step
until il put i'll writing what we were to submit ana
nat one Of & the M on dfS% ta%k una. s Se and
said Gentlemen. what do you submitf"
Did any part that take place in your sight or hearing
| A. No. Sir don't remember nythng of the kind.
O. Can you say positively whether or not Mr. Bowen
said that he would decline TO take any step until 1t was
put in writing what they were to submit A. II did
not hear any such thing
O. You are positive that you did not hear ti A.
positive that did not hear anything OF the kind.
O. Was any written submission Of any kind drawn in
your presence by Mr.. Mouton. Mr.. Bowen, or Mr..
Tilton that nghti A. No. Sir.
g. Was there not an interval during which the ar
bitrators were alOnef A. Yes. Sir
O. Now Sir after leaving that arbitration with whom
did yo 20 awayi A. think we all went away together,
Mr. Frceland, and Mr.. Sorrs, and Mr.. Bowen, and my
self.
@. On your way home did Mr.. Bowen say to you. in
substance, say to any one in your hearing, In sub
stauce or in effect that you must get the Woodstock
ctterl A. Mr. Bowen addressed OF us in that way
don't know hut he said "Gentlemen. you must get
it," without referring to any particular One and re-
aicmber referred him to Mr.. StOrrs, saying he was
Judge Neison-We have that
Mr.. Bcach-Ihis is but arepetiOn OF the evidence.
Mr. shcarman.No, IL your Honor please this Ia
anoi her occasion. Mr. Clan related that originally
happening at the time Of the arbitration.
Judge NeilsOn-Ccrtainly
Mr. sbearman-But this Is subsequent to the arbitra-
tIon on their way home. Mr. Bowen has been specially
interrogated as to the occurrence OF that event.
Judge NeilSOn-Wcll, Tciu MT. BOWcn
Mr. ShearrnanThe stenographer will have to do That
Mr. Eyarts-That happened THU morning
Mr. ShearmaiI-I am going
Mr. Beach, submit, Sir. that they cannot recall wit
ness after they rested and have rested for recross
examination, merely for the purpose OF contradiction
and contradict him. They must tfe his answer II they
recall him.
Mr. Evarts-NO.
Judge Neiison-Yes otherwise we cannot proceed with
any chance OF terminating the suit.
Mr. BeachYes. Sir; this trial Will proceed indefinitely
otherwise.
Mr. Evarts-The objection should have beenmade when
we asked Mr.. Bowen about that.
Mr. Beach-NO, didn't make the objection then Thcy
mnst tako his answer. didn't know that they were
purposing to contradict him. didn't know but they
were calling him for the proof
Mr. Eyarts-We called him TO contradict hiin Iha'
plain.
Mr. Beach--It was not plain TO us, Biz
Mr Fyarts- And we asked those question: