New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13


congratulated himself heartily upon having come there and
upon the result Of his interview with me; and told him that
would take hold Of affair heartily and Immediately and ad
dress myself the accomplishment Of everything that had
told him thought ought to be done; and he went away
@ Did Mr. Tton say anything with reference to his desire
that you should aid him in that PARTICULAR A. He only ex
pressed satisfaction that going TO do IT, think, Sir.
@ Do you recolect Mr. wkeson, whether anything was
saId OF Mrs Tlton in that interview A. OF whom'
q Mrs Tiltoni A. Not word, Sir.
@ Now did he speak OF any injury which Mr. Beecher had
done him. Of any damage which Mr. Beecher had inflicted
upon him. other than negcng TO help him when az he stated
he lay crushed upon the sidewalk in BROOKLYN A. Not one
word, Sir.
RESULTS OF THE TILTON -WTLKES0N INTERVIEW
Q. Now, Mr.. Wilkeson, did you, soon after that,
zee Mr. Beechcr? A. saw him that night, think
@ 1t suggested that ask you now did you retain that
press proof that you spoke or A. surrendered H.
@ At later periOdf A. That day
@. You surrendered IL to whom that dayi A. Tlton.
@ And he carried it away with hims A. Yes, Sir.
@ Now, you think you Mr.. Beecher that day' A. That
night
q Whereabouts' A. At his house.
O. And A. Told him this interview.
q Exactly?
Mr. Beach-That 10 objected TO.
Judge Neilson-I think he state that" told hm this IN
teryicw."
Francis Mouon consequence Of anything that occurred at
that interview A. Yes, Sir.
q Or did he call upon youi A. No. Sir, he called upon
me.
O. When was that Mr.. Wlkeson' A. The next morning
Saturday.
Mr. Beach-Do / understand Mr.. Wlkeson to ray that
Mr. Mouon called upon him in consequence Of this inter
vewl
The Witness-Yes Sir with Mr. Beecher in consequence OF
the interview with Mr.. Beecher.
Mr. Hi-Mr Wikcson, state what occurred at that inter-
vew2
The Witness-Which interview,
Mr.. Eyars-BetweeL Mr.. MoultOn and Yourself.
Mr.. Beach-What foundation have you laid for that
Mr.. Hill-Do you object to THAR
Mr.. Beach-Why Of course we do
Mr. Evarts-Why, have proved, your Honor please,
directly by Mr. Titon and Mr. Mouton, that Mr. Mouon
the representative OF Mr. Triton every matter relating this
money collection. We prove early as the second day
think second day OF January 1871 written authority to
him. and said that Mr. Tonis not affected, concern
ing Of the collection Of this money by what Mr.
MouIton sajd or did.
Mr. Beach-They have proved authority, and we have
proved authority from Mr.. Ton TO Mr. Mouon TO collect
this claim against Mr. Bowen 1t does authorize, Sir
proof the declarations Of Mr. Mouon conversations
with Mr. Moulton with third party, Mr. WiIkeson.
Judge Neson-I think will take it, Sir; think we will
take it,
Mr. Hll-Proceed, Mr. Wilkeson-
Mr. Beach-Your Honor will note our exception.
Mr. H-With the interview that occurred between You and
Mr. Moulton that you have just referred TO- On Saturday
forenoon Mr. Mouton brought letter Of introduction
from Mr.. Beecher had Francis d. Mouilon,
although knew him by reputation
Mr. Beach-Now Sir it appears that that interview between
Mr. Moulton Mr. Wilkeson the part OF Mr. Mouton
as the representative Of Mr.. Bcecher.
Mr. Eyarts-Iet us
Judge Neison-A OF introduction.
MI Bearh--Sir!
Judge Neilson-A note of Introduction.
Mr. Beach-Cerainly Sir but he the emissary OF
Mr. Beeche and his representative and not acting WITHIN
agency which had been conferred upon him by Mr. Ion
Judge NesonThe witness had given to Mr. Til
that could act In certain line to promote his interests IN
reference to Mr. Bowen and otherwise That the witness
should letter Of introduction from Mr. Beeche or IRON
anybody else would be because he didn't know Mr.
M6ulton.
Mr. Beach-Surey Sir if your Honor please because Mr.
lton may been graed by the assurance OF Mr. Wke-
son that would aid Of his supposed restoration does
not authorize conversation which Mr. Wkeson may have
had with third parties be given in evidence against him.
There was no such confermen agency Sir would bring
in the acts and declarations Mr. Wkeson against Mr. Til
ton arising from that conversation That surely Sir would
be an exayagant and oyersaned construction OF that inter
view There authority conferred Mr. WIkeson by
Mr. Ton Mr. Wkeson gave the friendly assurance that he
would exert himself promote his interests but there was nc
constitution of agency which would authorize proof OF The
acts or declarations Of Mr.. Wikeson
Judge Nelson-e e!t Mr. Wkescn under some sense OF
obligation TO act il he could.
Mr. BeachCerany Sir bat the point is that there was no
such relation established between Mr. Tlton and Mr. wkeson
uuon that occasion concluded Mr. Ton affected Mr. III
ton nv ANYTHING which Mr. Wikeson could say do Those
declarations and those voluntary upon the part Of Mr.
Wkeson exercise Of friendship which he felt perhaps,
for both Of these parties II MI Wson had undertaken 10
conclude any arrangement with reference to those matters he
had assumed behalf OF Mr. Tlton by compromising
or yg any difference between Ton and Bowen or
Triton and Beecher Mr. Beeche why surely Sir 1t would
not be covered by any agency which had been conferred BY Til
ton upon him Your Honor has admitted declarations and con-
yersaons between third parties to affect and conclude Mr. I'll
ton and there be relation such relation established
between Mr. Ton and those third parties az the law recognizes
a An agency before evidence can be given submit to
your Honor subject OF serious consideration whether con-
yersaons between Mr. Wilkeson and others
Mr. Eyars-And Mouton.
Mr. Beach-Mr MoutOn or anybody else, Sir should be
given Surely must be evidence to show that Mr.
Wikeson the authorized aen. Of Mr. Tion or Mr.
Monon in that particular conversation before can be given
in evidence and there s no proof Sir submit OF any such
authority.
Judge NeilsonT admit the question not free from doubt
but still think on the whole the testimony should be received
Go
Mr. Hi-Proceed with the interview which you about
TO give with Mr. Mention at your office
Mr. Beach-We will except Sir
The Witness-Aer reading the letter OF introduction which
Mr. Mouon brought outlined him the arrangement that
thought that ought 10 be made.
O. Give the conversation.
Mr. Beach-Pehaps ought Sir to specify the further OBJ
lection that evidence offered in anywise as contra
dson to Mr. Mouton mis- attention has not been drawn
to the subject
Judge Neison-I has not been offered with that view.
Mr. Beach-lt is not collateral
Mr. BeachNo matter whether IL is collateral or direct
Mr. Ryars-Does my learned friend say that when they
proved what collateral that the witness before
prove by another witness the contraryf
Mr. Beach, didn't say any such thing.
Mr. Eyarts-Well Sir, that is the proposition.
Nj Reach-No amt This the propOsOn: that when