New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-19
INDEPENDENT CONVERSATIONS MAKE MORE


TROUBLE
Mr.. Shearman-Mr Bell did you have an inter
view with MI Beecher the last week Of the year 1870 or
thereabouts in which Mr. Beecher told you that Mr. Bowen
going dismiss Mr. ton from The Laden and Uhsea
certain stories Mr. Tlon unfavorabe
his moral character the substance OF which Mr. Beeche
then stated TO you
Mr. archaeological TO.
Judge Neison-Rued out.
Mr.. Shearman-If your Honor please
Judge Neson-Wel independent conversations which have
inquired into Conversations cannot be received
Mr. Shearman- moment your Honor please; we oiier
this for purpose-the plaintiff has put in evidence certain
letters OF Mr. Beecer put evidence paper which
Mr. Beeches appears though it Is not signed By him.
and which the plaintiff calls letter OF contrtion sometimes
sometimes apology Now that and the other similar
papers put for the purpose Of showing that Mr. Beecher
was deeply penitent for something Have not right to
show for what Mr. Beecher pcntenty
Judge Neson-Oh you will before you get through.
Mr. Shearman-For what he did apoiogizeI
Judge Neison-Of course
Mr. shearman-IIaye We not right show,
naon, by their Witnesses
Judge Neson-No doubts that you show that and
give full weight but equally doubt that you
inquire independent conversation Of this witness
on that subject, any other subject.
Mr. Shearman-lIOw are we to do IL!
Mr. Beach-You have got Mr. Beecher to do it with
Mr. Eyarts-Mr Beecher gives, Of course. his con-
aion concerning which he spoke, that is thing Whatever
may be proved may be proved by Witnesses If be
proved ALL II there two who prove It, Now the sub
sanye Mr. Bcechcr had in this early part OF the last
week in December said these things injurious to Mr. Ilon
prejudca to his interests, Is TACT
it Is fact and act OF Mr. Bcechcr's. 1t don't
prove that Mr. Tilton euiy OF this, that, or the
other but proves that Mr. Beeche had said TO this RESPONSE
BILE and important per-on in the circles in which they both
moved these things obliged depend entirely
%
Whether anything will ofthc fact dependent upon sub
sequent testimony and cannO; prove everything
at once, everything by the same witness
Let 1t be- that nothing OF this isolated &C, Of Mr.
eecher Of his in saying these things To the injury
Of Mr. Tton whether they false to the prejudice
Of him this witness and that fact stands proved then
are allowed 10 prove it, and then the OF
proof takes hold Of that fact And becomes subject Of
greet when Mr. Moulton has removed impression from Mr.
Beechers mind that there truth ia these stories that
should have done these rash ncondcate aud injurious
acts in respect his disciple Mr.. Tlton.
Judge Neison-Ii the conversation proposed i act
fact then every conversation be inquired into act
fact overlook rule which Restraints The Cont and
controls and be changed except by legislative set to
wit that you cannot give evidence conversation ad by
YOUR client witness in the absence Of adVwfary
unless they have inquired into that interview
Mr. Byars-I your Honor please II mans general letter Of
remorse convict him OF crime Of shaA he not he
at liberty to prove had committed crime Of burglary
and that was what he talking about
Judge NeIlson--Thst is very different matter
Mr. Eyars-That Is the very thing
BeachIt il "a p,oNng the TACT l. the mode OF
proving il.
Mr. Eyarts-The fant va. saying inurisus thing.
and was concerning thar thai he speakingf that
element in the I su arguing the II j.
not to be attributed that ay that that all there
in it, am to prove my the parts OF which consists
Now that presents PRECISELY there i. noi any difference
that one crime il burglary. when they are trying
10 convict him Of setting fire 10 the dwelling house
by general feelings OF remor,e. This IL fault
that person OF sensitive conscience aud Kind heart doubt
would feel Your would feel IT, every gentle would
feel IT, he under the provoeaton Of such missile hurried
At him as that message OF the 2h OF December under N
Ttons namehad then given body and force 10 nor and
reproiches against Mr. Ton and had advised mat they
should be executed in stripping him Of his empoyment-
and then afterwards somebody had aud said 10 him
that all those stories false aud that he should
have given any such advice, and trusted Ia them. he
may have this deg Of feeling the subject 1t is
for your Honor for the OF feeling that
man into by finding his course open TO sefrepFoach
and eontriton The question is whether | prove
the fact that wish nterpose the bas " part OF
Now he had not committed the crime OF burglary then il
would be impossible impue geneTates OF confession 10
another crime and that he not guilty. Of And
here il there such and fact this decisive and
forcing against MI Ton Of conclusions IL
Won please then the opportunity Of apply
ing generality OF anguish to THE that form OF inquiry and
not another And in order that that not be impued
The defect or in that regard and its argument
we propose existing fact OF his having dealt with This wit
ness In this way.
Juare Neilson-Counsel. I think may appreciate the
restraint feel under In reference to what understand
he settled rule of evidence and In respect which have
power OF authority regarding . must this interview with the
witness involving conversation that has not been inquired
into and the question Is therefore Oyerrnled.
RIO the Jury j Gentlemen Of the Jury Iwsh to that
have been thoughtful enough to send down TO Pake and have
the room, where you dine warned be comfortable Peon who
ordinarily desire TO stay this will find il uncomfortable
dung the recess the windows will be ell opened and
II will be a. near remaining Of doors possible stay
here.
Mr. EyAts-Your Honor win my exception. daughter
The Court then took until quarter past two
o'clock