The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-13

Mr.. Beach was willing that witness should state
what he had said, but not what was said there.
Judge Nelson inquired whether that would do,
and Mr.. Evarts said IL would for the present. The
question now was what was said IN that CONVEX.
sation as TO the. charges or scandals az which
''knock the Lille OF Christ higher than Kite"
Mr.. Beach again objected to the question, ana
the Court said ne thought counsel had proposed 10
show what he said-the wltness-on that occa.
sion. The question was whether the witness had
used thai expression. and tnat was the end OF 1t.
Mr. Evarts claimed that they nad the right TO
show what he SAID In reference toit:
Mr. Beach said The witness had already said he
did not and u Is now proposed 10 give the con.
versation which occurred between this gentleman
and third person. There was no possible rule OF
Mr.. Evarts reiterated the assertion chat the
sation With Mrs. stanton, his slster-n-aw. when
the subject OF the publication Of these charges or
them, say that 1.-The publication would knock the
Life OF Christi higher than kite" Now the wit.
says dd not say 5at the pIolcaiSn would
witness to say what he did say. The law per:
mittei that the witness could explain what he did
say in That conversation. ii the witness mad used
qualifying words. 'that the publication OF these
charges would
IF THEY WERE PROVED TRUE,
'knock the Lie OF Christi higher than kite."
was qualified and mad perfect right 70 make
The Court SAID tnat the counsel could then call
for the other words used In that connection In the
Mr.. Evarts held that the witness had right to
have his say about this conversation as 1t was
not to be presumed wnat he really did say In this
reputed conversation. II 1t were otherwise IL
would be more in the form OF trap Tor the wit
ness.
Mr.. Beach argued that there could be no truth
IN that declaration. There was no trap with ref
erence to the witness into which he could fall.
There is no necessity for him to give qualified
expression, as he had confined the witness to the
Language used. He had not proved anv part OF
the conversation. Suppose he had made these
qualifications OF that expression in that conversa-
tlon It only reflects witness recollection, and It is
a
subject, ana is not competent evidence for them
to give. Some iurther argument ensued upon the
Judge Nelson finally said. "You may ask him
what ne ola say on that occasion, leaving out the
MIR. Evarts said 1t was necessary TO bring In the
conversation IN order to show what he did say.
did say ''' ''' 'D' :" ''A0'' ''" nov 40
2. Your attention has been called to the CONVEX
SAXON N regard to the publication OF the life Of
Christ" We're you present on That occasion A.
O. Well Wen tell what was said by you, to whom and
| In answer to what question
objected to by Mr.. Beach.
in the room al that time; don't want to name
my sisters; replied to an inquiry OF one Of them,
the younger nS Of the two p3t Mrs Stanton: said
n they are published, the Lie OF Christ will of
course. be Knocked higher than kite;' Mrs.
| stanton utilized part Of that
2. DID you use the gesture describedi A. Think
ala. tLaughter.l
Mr.. Evarts showed witness q letter and asked
whether ne received an answer to 1t. Witness re-
piled ne had not, when second letter was shown
and the same inquiry ELECTED similar reply.
q. You were asked as to the source OF the phrase
IMPROPER ADvANCES;"
rom wnat source was IT that you understood It
source you got it2 A. No, sir.
O. You have spoken OF the phrase OF Mr. Tilton
| IN an interview with him and Of his OF the
phrase improper language to his wile;" now as
used by MIN .'improper language TO his wife" In
equal to the expression OF Improper advancess"
| A. / did, sir.
| n no
the tripartlte agreements In what papers was it
pubshed9 A. In the four great morning papers.
that paper did Mr.. Cleveland call on you and try
to prevent It's publication ? Collected to.) A.
planning and publication OF the statement; re-
member that he called al my office between iour
and I've O'Clock In the afternoon; think ne came
| to see me at my house again In the evening.
@. What passed between Mr. Cleveland and YOU
In which he indicated the publication or the con.
Mr. Beach objected to the question. as he hao
not asked for any hing witness had said on the
that Mr.. Cieveland's visits were with o view to
| preventing That publication.
The Court ruled that out, and the question was
put, "Wnat was your object in making that publ.
cation ~ A. was sick and tired OF seeing
A GREAT AND GOOD MAN DRAGGED UNDER THE
Of imputation, and wanted this case brought to
court OF civil or criminal law. where 1t should
nave been from tie first; determined to force
this light
| CLERGYMAN TAKES THE STAND
|
pale countenance and exceedingly long nalr and
beard, was then called to the witness stand, and
put by MIR. Shearman:-I reside IN Brooklyn; my
business Is that OF clergyman author and lecturer.
,.2as Have you ever been on the hide
nected VITA the Independent since May l, 1s7O,
and remained on that paper until the retirement
,inction in my mind as to my position there; 1
was an associate editor and literary editor there /;
| retired from the paper IN July, 1871; have been
acquainted with Mr. rilton by sight since 1867; [
first became acquainted with him while in the
West, where was acting as correspondent.
q. When did you become acquainted with MIR.
| Beecher A. met him when first met Mr. Til.
ton In 1867; have only been personally acquainted
lect calling at Mr.. Iilton's house IN the winter OF
1858; was stopping there one days had remained
| Mrs. TiitOn was taking. OF
GOING TO PAGES STUDIO
| the next day conversation took place between
Mr.. and Mrs. Tilton and myself in reference TO Mr.
Beecher; she asked me II was acquainted with
| Plymouth church alter the Sunday services only
| but was not otherwise acquainted; she asked
that would; she said the next day she would be
gong to Pages studio could go with her and
meet bst mr. Be son tnsre mr. rtSn said
to be disturbed; SO tnat lid not go.
@ Do you recollect reception given at Mr.
Brooklyn Woman's Club; was present with my
vile at mat reception L believe IL was in the first
| week Of June, 1870; am not positive.
O. DO you remember
A CERTAIN LADY
being present. whose name will show you, but
you need not give?
Counsel mere showed witness q letter, and Mr.
| EggestOn answered, Il remember her perfectly
| weil.n
Mr. Beach objected as It might be necessary to
demand to know the name Of the lady.
"This is the same lady," said Mr.. Evarts, "who
has appeared In the case before, ana whose name
Your Honor requested to be withheld.
Mr.. Beach wanted the question ut as to what
lady was meant, and the Court ordered Mr.. Shear.
man to 90 on.
O. now ask whether Mr. Titon showed her
such attention as to excite comment on that oc-
casiOn A. Well he did, sir.
Mr.. Beach objected and the Judge said. "The
lady can be named hereafter" The last ques ton
and answer. the Court SAID cast q reflection on
the lady and 1t rested upon Mr.. sherman to re-
veal the name.
q. Did his attentions that occasion excite
comment aIterward? OBJECTED to and ruled out.)
Counsei Tor defence said that they wanted to
show that these public scandals, caused by his
own act, were what melted Mr.. TiltOn TO make
TINS charge against somebody TO save himself