New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-01

O. Can you sermnate as between the portions in when
you give the exact language and give only the subsancef
A. probably could a part and part perhaps not.
O. Well when you assume to give the exact language
OF the speaker you designate that part OF his remarks
which you SO intend repeat, can't youi could by
going over, probably
O. Well you did that, understand on your direct ex-
animation far you reeolected the exact language
A. Yes, Sir
@ What do you by giving the substance OF Ian
guagef A. Well, the truththe spirit OF 1t 1t might DC
changed in words.
O. Well do you anything more than that you give
the impression which you have preserved of conversa-
ton without being able to give the exact anguagef A.
Wel both.
O. No. SIR in this part of the conversation, where
do not to give the exact language do you mean
by the term giving the substance anything more than
giving the impression which you have preserved from
your recollecon-a general recocctiOn-Of the CONVEX
| sationi A. Ny mpression-rny remembrance.
Q. Remembrance. Well, you say you don't remember
the language the parts to which ain now asking
your attention. A. Probably not every word no, Sir
Q. II you don't remember The precise language, you
give then only the impression which produced upon
| your mindi A. Yes, Sir.
Q. Yes, suppose Can You take any one OF the
conversations you have narrated, and discriminate be-
tween those parts where you give the exact language
and those portions where you relate only the substance
A. think could.
O. Well take the first conversation then, that you spoke
| of-where that A. That-you mean on the New
Years, I'd Of Januaryf
O. First conversation you spoke OF on your direct ex
amnationl A. That the I'd of January, 1871.
O. And where iii A. At his bouse-parlor, in his
| house.
O. Well now, ST give me that portion OF that CONVEX
saton which you remember the exact language used
either by yourself him. and give it in the words and In
the order you can in which it oceurredi A.
Well after the compliments Of the day. asked him II he
al heen ZACH from he T1Ic and
| He said he had. think these
O. Well that is not the exact language, is i A. Well
| IL Is near as can remember.
O. Well do you say that that the exact language
A. To the best OF my recollection believe it to be So
G. You must know, Sir, whether you rccollect suii-
GENTLY TO give the exact language A. Well, should
say absolutely every word but that is the
| best Of my
O. Very WELL You don't mean say that is the exact
| languagei A. As near az can.
@. don't ask that
Mr. Tracy-I submit that Is an answer to the question
Mr. Beach, submit it is not
| Judge Neilson-No Sir; this is a crossexaminaton
Mr.. Tracy-I know IT is.
Judge Ncilson-And this witness "a very intelligent
gentleman
Mr.. Tracy-I know he is
Judge Neilson-hnd his recollection can be sfed ana
| that IL to be done by the crossexaminaton.
Mr.. Tracy-I know that your Honor but submit that
when witness has said that that is my best recoec-
ton have given yOp inc substance OF his words as near
| as can" that that is sufficient answer
Judge Neson-I understand; he il not asked as to the
substance of the words; that is not the question
Mr. Tracy-Ie has stated he Aas given the exact IAN
| gnage as near he can remember.
| Judge Neson-The counsel will proceed
Mr. Tracy-I object the question ON the grornd that
the question has been once put and answered; your
| Honor will note my exception.
Judge Neson-I do not think it has been answered.
and think the crosse xa nuatiOn ought to proceed
Mr.. BeachIn so far ~ you have now given that con-
versatlon you say that the exact language used
A. could not state than have that Is my best
| remembrance think it was, Sir
O. Is your remembrance so clear upon TINS point that
you will swear that that is the exact language A.
should think If swore it nOt-shOud think lied,
| Sir.
Mr. Beach, move tc strike out that answer
| Judge Neilson-Yes. Answer as well as you can MI
| Storrs.
| The Witncss-Well, THAT is the best
O. II you will be kind enough to answer my question:
Sir we will get along very 2micaby and speedily A
| am trying to do SO, Sir
| Mr.. Beach-wel perhaps so. In so far as You have
given that conversation is your recollection OF 1t so accu
rate that you willing to swear that you have given
the exact words usedl A. would not say the exact
| words; no, Sir.
| @ Very well; you have answered that Now, go on
You asked had been discharged from those pa
pors and he said he had. What nexti A. Then ne got
/
Frank Moulton's with him, and started and went
O. Is that all of conversation A. That s all that
| moment.
| O. How long you converslng with himl A. Well,
he got right up, and went right around.
| O. How long was you conversing with him' A. But
| very few minutes, Sir.
| O. Well you went then to Mr.. Moultonsi A. Yes.
| O. You recollect that conversation A. Yes Sir.
O. Now Sir, give the portion Of that conversation
fI.ntu no
exact words by any party to it omit all the rest
Just give that portion which you will swear you can
repeat in the exact words of the parties A would not
want say the words because might use prep
osition, be-" cot" or an in" that would be
different, but l give it-what believe the exact
| words.
O. am not asking for that Sir; am asking il you can
give any remark made in that conversation in the exact
language used by any OF the partiesi A. Well, say
think can.
| @ You think you give it A. Well, I asked
him what the trouble
| O. Is that the exact language A. think il Is, Sir
| O. welli A. He said that Mr. Beecher and Mrs
| Beccher and Mrs. Morse had been talking with Mr..
Bowen against him.
O. That is the exact language is tl A. believe it is
@ Do you it isl A. | swear to the best Of my
| knowledge.
O. All! Sir; but do you recOlect it so distinctly that
you will swear positivelyi A. No, Sir.
| Mr.. Porter-One moment; object to that question
! Judge Neilson-I think 1t is proper
Mr. Portcr-I submit that 1t is fully answered in the
last answer.
| Judge NeilsOn-No; I think II is proper.
| Mr. Porter-well, ask your Honor to have my ohec
ton noted and my exception and ask to have the ques
| ton and answer read by the stenographer.
Judge Neilson-I understand it. Ny view Of cross
| examination may differ from yours
Mr.. Porter-That may be- Sir; and that Il the reason
| that propose to take an exception
I,,J,a al haa fha rObt tn toGf fha
recollection OF the witness matter how respectable
the wltness f. and to make him distinguish between his