The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-12

ferred to her as "another abnormal person." like
unto Mrs. Morse, the mother-in.aw. During the
reading she whispered 10 her husband. who red
dened greatly in the face. Mr.. Beecher spent
mucn time IN the perusal OF paper that looked
like the Christian Union, taking his eyes on oc.
caslonally to glance &C Mr.. Evarts.
THE EVIDENCE
The cross-examnation OF Theodore Tilton was
Evarts. He handed witness book ana SAID =
We were speaking, MIR. Triton. or the transaction
draft, Offering rom the actual paper. You have
no copy OF that draft, as you have said. LOOK In
Go %S lace you mat
A. witness looking ut The book couldn't say
whether tn IS was o the original drais or not; 1t
q. Have you no recollection concerning the
| dralt which was altered IN consequence OF your
request or some suggestion OF yOurs-can't you
from any recollection say whether or not this is a
faithful copy SO far as the sense substance OF 1t
Is concerneds A. recoilect very distinctly that
| there was draft presented winch, when care
July read II over | declined to sign, ana
that made alterations or amenoments IN
the draft, perhaps rewrote . part OF 1t, ana the
paper sianed was not the first one without the
lions had been made; now, whether THIS is copy
o. mat hrst draft have no other knowledge than
! the mere fact tnat this says so.
| Q. Won't you read the article that relates to
yourseli9 Not aloud but read 1t. aud say whether
tnat article is IN your rec Election, and to the best
of your belleI the article relating TO yourself in
couldn't swear. Mr.. Evarts, that this was the
me by Mr.. Woodruff; don't remember the
phraseology OF that original draft distinctly
cannot say, SIT, that this was that draft or not
won't say that tnls Is not.
THE TRIPARTITE AGREEMENT.
have the impression that the draft was In the
handwriting oil Samuel W. Wilkeson; l 40 not
was SHOWN 70 don't know the Mas ssown
to me st all think 1t was read TO me- but think
the occurrence took place in Mr.. Mouton's study /;
the scene that rises TO my mind now seems to IN
clude Mr.. Claim, Mr.. WliKeson, Mr.. Moulton and
myself; that IS my recollection: don't remember
vious appoin tll emit was made; don't know Of what
time OF the DAY 1t occurred, either, but think it
O. Did you, on reading or hearing read that
draft on that occasion. express your readiness to
sign 1t, and O1er to do 1t immediately A. My iec
election about the circumstance Is this: That
Mr.. Clafn asked me, either on that day or perhaps
on the preceding day, whether or not, in case Mr..
Bowen could be induced to withdraw the state
ment which he had made against Mr.. Beecher, and
would Withdraw in writing whether would bad
myself not to make any use or clrcuiation Of
MI. bowen's statements; said, with great read.
original draft was brought on this occasion, the
interview OF which am speaking. with view 10
accomplish that end; my still further recollection
graph assigned to Mr. Bowen had been read,
said, "Ar Bowen win never sign mat" Mr..
got to sign ir;' don't remember distinctly the
competing OF the covenant; told Mr.. Clanln, II
SAID Mr.. Bowen would have TO Sign It; I said II
Mr. Bowen would blot out mis- words IN that way
WOUIQ sigh Tue paper twenty times OVers WncQ
the clause rela ting TO myself wos read
Mr.. Evarts INTERRUPT ed the witness at this point,
and asked that the last part OF the answer De
stricken out.
the Judge allowed the answer to stand as it is.
z. Now Sir, did you then and there, after this
statement which you were ready to sign a dozen
or twenty times over, did you then and there
propose, by movement or words, to actually sign
the paper at that momentP A. remember ex-
pressing my Willingness to sign sucn paper. and
made motion ike this Qllustrating), and SAID
would sign 1t twenty times over.
EVARTS SECUKE
DO not think saw the paper at all, and do
not remember distinctly whether the two con.
GLIDING paragraphs were read or not; don't re.
member whether the remaining portion was read
or not: remember the impression mace on my
mind when that language and glowing paragraph
was put into Mr.. BOwens mouth, OF TetractOn,
and SAID, 'II MI. Bowen wln sign that VIII 90
clause was then read don't know; | know that
as soon as the document was passed before me Tor
my signature refused to slgn It,
Mr.. Evarts-Well, now won't take that answer.
ask TO nave 1t struck OUT.
The JUDGE think IL may STAND.
Mr.. Evarts-YOur Honor Will be so good as to
Q. DO you mean to say, Mr.. Triton, that when
fected Mr. Bowen's signature you were ready to
Counsel for the plaintiff objected to this ques.
i S'S9I ou' was nn'ls ta'So IN 0f0sr 0s ms
burst IN with the extravagant expression that II
Mr. Bowen would retract his words and blot them
out was willing to sign 1t twenty times over; my
Impression Is that the paper was brought there
iresn that DAY, possibly by MIR. Clanln, and the
Purport OF their inquiry was this:mln case Mr.:
said, II Mr.. Bowen will, then l certainly will,
twenty times over.
WHY 1T WAS NOT SIGNED.
Q. Now, VIII you answer the question. what pre-.
vented you signing ~ A: don't think anything
have done so: expressed my Willingness TO sign
IT, not my Intention TO sign it; took q pen IN my
sowen % % der aaa M
Der any one saving, Don't sign first. or pc maps
Mr.. Bowen won't De as willing 10 sign alter you;"
don't fecollect anything OF that sOrr, though MIR.
MoutOn expressed doubt; nv IMPRESSION Is that
Mr.. Mouton SAID that he did not beneve Mr.. Bowen
would sign 1t; remember Mr.: Claim saying, "Mr.
Bowen mas got to sign 1t; ~ do not remember Mr.
Calm saying, Better not sign 1t before Mr..
Bowen does, or perhaps he will not be Wiling 20
sign alter you have signed.
z. Now, SIR, do you not think that the whole OF
that paper was read by YOU, or to you that even.
sir, that don't remember whether 1t was or was
not; this remember, that II the whole was read
the remaining parag were CLOSED over,.
because l remember when reading 1t the next
day was struck by the extraordinary words put
In, o my mouth; the part tnaC was TO assume In
that agreement had already been spoken OF;
think Mr.. Cafiln came to Mr.. Moulton's house;
Moultons house, and think there were two or
three interviews with hin before this agreement
eliminated; think We mad discussion about
the subject
WHAT BECAME OF 1T.
O. Now, who took away that paper-rhe draft
Did you take 1t away? A. don't remember
whether took 1t away; saw 1t next at WilKe-
sons Office, a day or two alter; saw 1t aga n,
when was asked TO sign IT, aud declined to do so.
A STIFF BREEZE
here sprung up between counsel. in which the
Judge took a part. 1t blew a hurricane Tor ten
minutes. Morris. Beach, Evarts, Fullerton and the
Judge got mixed up in inextricable CONFUSION.
Evarts stood rigid az a cr0wbar, and held
his ground bravely through the storm. Beach,
Fullerton and Morris popped up in rapid
succession, and though aided by a heavy
broadside from the Judge failed to shake
the courage OF the intrepid counsel for the de.
fence. The volume OF lair Judgment was against
Evarts The witness was clearly entitled 70 ex.
plain why. after expressing his willingness to sign
the trpartite agreement, he demurred on finding
that there was something in 1t he could not in.
dorse. The passages between Evarts and the
Judge and between Evarts and the counsel for tho
plaintiff were sharp and exciting, and kept the
audience ON The dragged cdgeN OF NATURALIZATION.