New-York tribune., 1875-03-09

Mr. EyarsThe is they have letters sneh as wo
| call for
Mr. MOrris-Except one.
Mr. shearman- While Mrs Tilton was Marietta did she
yo allow you any part Of the correspondence
between herself and her husbandY She did, parts OF It,
O. Do you recoect letter written by Mr Tlion In that
period which he referred tho possibility Of his dismissal
| from The Brooi!ya Unioa and The Ind,l<ndenv
Mr. FullcFton-Wat one moment. What Is tlai'
Mr. ShcarmanI ask Mrs Putnam recoect. letter from
Mr. Tton received by hs wife during that period Ia which he
referred possibility OF his dismissal from TIE Brooklyn
| Union and The Ne1o York hadepeNiera
Mr.. FGllerfon-That object to-
| Judge Neilson-Where is the letter, Mr.. shcarman'
Mr.. EyasWe have asked for the letter, and they say hc3
| haven't H.
| Mr.. Beach-wc would not have IT,
| Judge Neilson-lIow would they have III
| Mr.. Eyars-They would have il.
Judge Neison-A letter written by Mr Tflon 10 his we'
Mr. Eyars-Yes ba, all the Of that house Ia
Mr. Tlion's hands.
| Mr.. Morrs-No no; not by long shot.
Judge NeilsonWe that he has got that
letter.
| Mr. Eyarts-YoCr Honor let for moment
Judge Neilson-One moment do wish any srgumeI:
about il.
Mr.. Eyarts-No; bat II your Honor please
Judge Neilson--I don't wish any argument.
Mr. Eyaus-Does your Honor require not 10 state ny
proposition?
Judge NcsonYou may your proposition, but 90 moi
wish any argument.
Mr. Eyarts II your Honor does wish to, certainly
shall not force myself upon you and the jury.
Judge NcisonThai remark Is unnecessary have generally
heard you with pleasure and satisfaction.
Mr.. Eyar,s-No;a at this time.
Judge Ncison-Wel at this time Here is letter wrer
by another person seen by this witness.
Mr. your Honor will observe these letters Of Mrs
Ton to himself and Of Limscft to Ms Tton have all been
produced by this plaintiff being equally In his porserson
other et
tors passing either way between those parties
Judge NcilsCnWel Sir when you call .or letter, assnn
ing perhaps have right 10 do, that hey having pro
duced sonc also have this and you receive from respectable
counsel the that they haven't got H. tina; ought to la
satisfactory.
Mr. E,artsI agree :ha that they haven't 4; that ia
the on ground upon which oGer this edencc Ct the wit
ness.
Mr And further say that there great many
written that We have al.O
judge Neison-Tne.e is 40 foundation lad.
Mr. BachMr Tion has given account as to the man
in which these written his wife obtained BY
| him.
Judge NcsonNow the OF counsel that he has not
| got it, and cauno. produce it. is satisfactory.
Mr.. E;artsWe do not quarrel vita that II your Honor
please accept that and have thereby laid the foundation
for disclosing the contents by those who knoS.
| Judge Ncilson-I do not think sos no. Sie.
Mr. EyarsWcl not certainly upon Ae ground tIai they
| supposed TO have the leteri
| Mr.. Fuller,on-Upon that ground alone.
Mr. Eyarsn there such letter; II there never was
such letter won't be proved; but there was snch
letter. and geadt then that good legal
| proof, provided
Judge Ncon-I there such letter and the witness saw
it and read it, AMI appeared the satisfaction of the Court
that that e. Ia. lost then ou can prove
| it.
Mr. Eyas-And the basis Of ha: satisfaction our call fof
| the letter. and il. non-prodGc,ion.
judge Ne.onAAd the answer OF counsel a: he las ii not
| and producci IT,
Mr. Eyarts-That tho very tina. permits TO gya
| thi- secondary evidence.
Judge Ncson-Proceed something cl-e rnc This ont
Mr. EyartsI Is the only answer upon which we can gva
the secondary evidence.
Mr. Beach-Our answer is that we haven't it, and neycs
had it.
| Nj E,ar;s-.Ah that we never heard.
| Mr.. Beach-Ycs, you have
Mr. Eyarts-No.
Mr. Beacll-Iou hear Il now.
| Mr. Eyart.-That you never had the letter.
MI Beach-No,cr I'D after 1t was sent.
NJ. Eya.ts-N0Joiy has answered that
| lir Bccn--.t l. answered now.
Mr. Ey.u--rrh.ya given notice 10 produce L; we have
moved tEa. al Ee c.A OF that house ling all papcrs
| Of c,..y md at Tcr, IN existence were e. acre
Jai.. Melissa 3a. not uc.ad NJ this ioltcr
Mr. Morrs-By what witness uaye you proven that 'ac
| who has ever proreI tba; there such ie:terr
Mr. E,4.:s-Ins witness il ihc pcr'on to Go j..
Judee Ee.ou- understand you perfectly AID understand
your theory, ;ni the proper ogndn has not been aid
| for showins tie contents Of this letter.
Mr. If our Honor please upon the ground 'has
sTr Ton r. 10; presumably in possession q that letter.
JUDGE y. l-ou--Thc coau sci las answered
Mr Eqar,s-I don't that he Is not now H. possession;
as say proceed upon The roanl that il Is 10. IL existence;
| II il were /. oXisioucc We should have t.
Jad.c Hc.son-les.
Nj. Eyars-I being existence, we are eLuIeu olioe
! T.. contents b. competent evidence.
Jrdc N,ou-A letter received by third person nan"'Aet
| sate pcrhaq brought back and perhaps no'.
M E,ar.-lt ie:.or received by the plaintiffs WIFE,
Judge VI .eou- Yes in another state
Mr. Eyas-And presumably in her possession IN her house;
lie succeed TO hat possession on rs o" '-''"tH r" e''
thing ha; was i.crc
Mr. Becc.-Tha, Is q n.stake.
Mr. Morss-I!c ia. no; made any ssch statement.
Judpe Nelson see trogbo abo4t li.-.
Mr. Eya.-!lc said that his wife c.t ahs nothing but his
love md good will Now hat don leave him in possession
Of eycy, NJ thar he presumably IN oosoE o. don't
| know Of lang..-sc that would convey IL.
MIR Fu.,erton-IAere il no such presumption, Sir
Jud,. :: is .mma crll wL,le; iA,c or not
have rule On tbs woId Ike TO have the Fdng accepted
Mr. Fai.er,ou-Thcrc evidence that lie letter ever ieH
Marietta. ,..-
formal ard Of secondary importance Go o. NJ sheaHan
Nr Eyars-Ths might depend upon "h"' u' c'','A's o'
the letter was Well your Honor We ohef 20 prove te con-
tents Of letter from T.ion 10 he wH Ganng The monh
~ Octo- or the early part OF November $50 and received
by her while an Innate IA the family Mr. p-raa shown %
~ Putnam by M.s Ton and called for by and no; pro
duced
Mr. Fallcr.on-Because we haven't 60; t.
MFR Eyar-We Of course you haven't 60, il; thas
| Is the very basis.
Jud,e Nel.son-wel, your offer is ovcrrulca
Mr. Eyars-Ald claim that have laid the foundation
for eoonda-y evidence and ih CvEpe,cEt TO that
| secondary evidence
judge Nelson don't see it in that light Sir Mr Shear