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

proceeded TO speak In well moduIated. but low
uncheeriDR, unhearty voice. His wife looked
straight at him, nothing dramatic In her man
ner, and he did not look at her at all.
nlton--i am the plaintiff In this action; wa.
born In the city OF New York and am thirty nine
years OF age; Twas married on Inc I'd OF October
1855, by Mr.. Beecher; my wife Is iorty-one, be
have Jour children living; the eldest is our dsuch
ter Florence. who Is now about eighteen years o.
age; the next Is our daughter Alice, now about
sixteen years OF aee then comes our son Harold
who Is now ABOUT twelve, and lastly Is our son
Ralph, who Is about six years or age I lost two
lecr the year they died; nave been engaged IN
the literary profession since my majority; my
s ~ York
connection with the New York Observer. then In
connection with the New York Independent then In
connection with the Brooklyn Union. and. finally.
in connection with the Golden Age; my connection
with the Independent began In the spring OF
were the Rev. J. P. Thompson, d. D.; the Rev.
Leonard Bacon, ID. d., and tue Rev. DR.. St0rrs;
do not remember wnen they gave up the editor
Rev. Henry Ward Beecner; my connection with
the In1epende1 commenced under the original
pacity; neid q more advanced position under MIR.
Beecher. and after his retirement | became the
editor OF the Independent; Mr. Beecner became
the editor OF the Independent some where about
1850 or 1861 ; he remained Tor three or four years
IN that position; my oficial relation with Mr.
Beecner was that Of his associate IN what Is
now known as the position OF managing editor,
although believe at rnar time the term was not
IN use; socially, air. Beecner and were very int.
mate. and continued so until the sprink or 1870;
have been connected with Plymouth church In
first became connected with the Sunday school: I
was a scholar IN the school; then was y teacher
In the school; | was librarian Ia TIE school;
Was the associate superintendent OF the school,
and tually became the acting superintendent or
the school; then. in 1862, became member OF
10 the Sunday school were held before 1858, and
many Of them continued alter that; Mr.. Beecher
and the congregation assisted ar my Introduction
TO Plymouth church my wife was member OF Ply
mouth church three years before joined; think
her name Is still on the roll OF membership; cor
responded with Mr.. Beecher during his absence IN
Europe; DO not remember hOa often wrote to
him: wrote to MIN on several occasions In re-
gard to the progress OF public affairs at home and
received several letters from him, one Of WINCH u
long and striking letter, was Afterwards published
by MIS-. stowe IN her biography; have been &C,
Gays: think oar acQuain lance commenced about
ls4s and continued up TO the present; Mr.. Moul-
years; We were &C school together; we were very
intimate during our college days. and when these
New YORK ana came to Brookiyn. ana didn't
then see him very often; after some length oil time
he came TO reside in brooklyn. In my neighbour
hood, and then our intimacy was resumed and
has continued to this hour.
rILrON's PROPERTY.
In December, 1870. owned tue house In which
lived, No. ia Livingston street. which, with its
library, furniture, pictures, &C., was valued at
about $4,000: owned piece OF property IN
Llewellyn Park, n. j., valued 1t about $4,000; |
owned share in rne New York Tribune, valued, I
think at that time, at little more than $4,000;
owned small iarm out West In Iowa, valued at
about $1,000; 1 owned . piece OF land-a little
iragment-near Prospect Park In this city, valued
a. about $1,000; sad, aisc some money a. inter-
Items that occur to me at tins moment; there
were no liens on the property except In two in-
think amounting 70 81, 500; ana Z power OF atior-
ney that had signed to my father for ABOUT
was tree and clear; on the OCCASION OF my retire.
ment from the Independent and Union my prep.
erty, Tree and clear, amounted TO about $4,000 I;
from aD0ur $4,000 deposited with the firm OF
Woodruff Il Robinson; ABOUT 81, 900 IN round num-
which received on my contract wirn Mr.. Bowen !;
$4,000 IN round numbers as the result OF nv lee.
turing season IN the winter o. 1872 bss rsen
stated as the capital or the Golden AGE; IN add
there. was large income nom the Golden AGE,
but also large expenditure; had
Cured ss0 ,or CURRENT household Ssp
she time or the commencement Of the Golden AGE.
as Mr. woodruff explains, owed $4,000 to the
turned me their notes, making toe money free
girt; the only otner debts were Tor current ex.
$500 or 500, or $1,000; did not know the source
Of the 50, 900 that came from Mr.. houlton; was
md t Sas
TACT when Mr.. Acuiron wrote mis- second statement
TILrON'5 INTERVIEW WITH BEECHER.
had an interview with MI. Beeccer on the
evening or December so, 1870; 1t was held IN the
No. iIa Clinton street, Brosklyn; it lasted about
ent for q few moments. but presently ieit MI.
Q. Can you now state what occurred at that in
Mr.. Evarts-Ir Your Honor please think IL is
proper that we should suggest to Your Honor that
ne IL not at liberty 70 repeat IN testimony here
anything that he said there that was derived from
. confidential communication from mis- vie.
Mr.. Fullerton-I suppose that Your Honor will
not give the witness any sucn instructions. because
Your Honor as gwen. suppose that l am ut lib
erty to prove BY this witness all that occurred
date embodied in the question. What ne said 70
Mr.. Beecher aud what Mr.. Beecher said In reply
TO MIN. 1t makes no difference where the witness
learned the lacts which he communicated TO Mr..
and communicated them to Mr.. Beecher, We have
however, the question is rather premature. and we
better TO wait until tue particular question arises.
sSs cns o M s Hc2aO
preme Court Reports, and the case Of Gardner vs..
me Judge, In reply, stated, I think, within the
rule intended to make should not receive IN
evidence any statement or communication by The
tiinerent ms question Is whether in the CONVEX
sar1on, assuming that tnele may have been con-
versstlon, 10 the conversation between the par
although lt may be In the sense involved.
Mr.. Beach, hope Your Honor will not rule that
without hearing authoritles. Your Honor 10 an
tlclpating the question on which we nave avoided
discussion hitherto.
The Judge-I quite understand; I am strongly
impressed with the BELIEF that any conversation
between the parties can be gwen, but II that con-
versation reveals IN any degree any communication
received rom the vile, although hrs part OF the
conversation. he would not be at liberty to 60 iur-
ther
Mr.. Beacn--That leaves the question still open
for discussion, and l won't trouble Your Honor
with remarks until ir becomes necessary to DO 30,
but nope Your Honor Will leave your mind open
as to what constitutes confidential communtca-
ton between husband and wife and che ctrcum-
stances which modify that communication 20 that
ne may disclose It.
Mr. Evarts had allowed the witness to proceed
without objection until now. He then took the
door with Ms pallid, atteuuated lace, and IN his
CLASSICAL manner and somewhat stately nuency,
proceeded to argue. Mr.. Huuerton replied, with
his style Of snvery spontaueity. rolling out hls
words ike water; and Mr.. Beech put In part oil
his compact, nervous iron sort OF talk,
Mr.. Evarts-Your Honor viii be good enough to