New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-06

A. I really do not remember.
O. Still IL may have bcen A. 1t may possibly; well,
think should have remembered it If it true-if 1t
were
O. Whyt What should impress you about that You
noticed he was there very much Why should you notice
his being there mt breakfasts A. Well, 1t was rather
circumstance for parties to be invited to the meals
in that house, the house more like clubhouse TOT
public purposes, and the privacy OF the family
was very seldom invaded by visitors and it was an ex-
ceptIona thing that Mr. TiltOn occasionally invited
O. Well now, during the whole Of the time that you
aware Of his being visitor at that house, how
often did you him at breakfast therei A. Only once
that remember
O. During the whole of the summeri A. At breakfast
only once.
O. Only once. How many times at dnnert A. Ishoud
think two or three times.
O. And how many times you aware OF his passing
the night therei A. Only the once that have mcn-
toned.
O. How did you come TO be aware OF that A. From
tie fact that there in his company until very late
at night perhaps o'clock, and that found him
there the morning. and that he breakfased with u.s.
and that undersoo he had remained there during the
night.
O. Did you understand that Mr.. TIlton. in the fire.
gucncy OF his visits and the attention that he paid to Mrs
woodruff enlisted in her opinions and Interested in
her ideas
Mr. Beach-That Is objected to, Sr-what he under
stood.
Mr.. Eyarts-wo, on the crossexaminaton think ills
admissible.
Mr. Bcach-No that is not admissible cross-exami-
nation
Judge Neson-I think we will take It, II tends to
show the relation, whatever it was.
Mr. Beach-Is that to be shown II your Honor please.
by the mere understanding OF the witness and not by the
acts ard dcclaratiOnsl
Mr.. Eyarts-t Ia on the crosseXamnation or tue VIII
and Is admissible.
Judge Ncison-The question includes observation as
well as understanding
Mr.. Eyarts-It is crossexamination.
Mr.. Boach-It don't make any difference II you Will
allow to get a word from the Court instead OF you,
Mr. Evarts will he Obliged to YOU.
Mr.. Eyarts-I don't mean to prevent you
Mr.. Beach, never knew you TO. submit that the
understanding of this witness not admissible against
Mr. TltOn.
Judge Neson-That would no so as to any witness.
The only idea is to whether this word understand
Ing" don't really import observation, which think is
better word
Mr.. Evarts-On cross-cxamnation can ask all sorts
of questions as to the interior movements OF his mind
and show him up.
Judge Ncison-There is good deal of license allowed
Xamination-
Mr.. Beacli-Therc is no objection to this examiner
showing up this gentleman to the extent Of his ability
and the he tries it the better will be satisfied
Mr. Eyarts-I don't mean any particular witness
am speaking OF the right to crosscxamnc as not being
limited as well unersOod) to evidence in chief in the
Mr. Ecach--He did, Sir mean this particular witness
when he said he wanted to find ont or show up, this
witness.
Mr. Evarts-That is speaking OF my interior move
mcnts.
Mr. Beach-Your interior movements are just as imma-
tca and incompetent the Witness when they are dl-
rected toward our case.
Mr. Eyarts-I did not bring them in.
Mr. Bcach-You are trying to bring thcm in, and you
Judge Neison-Almost any question can be asked on
crossexamnatiOn.
Mr. Beach, submit not, If your Honor please.
Judge Neison-That has any bearing the relation of
the parties.
Mr. Beach-Your Honor certainly does not mean to an
nounce such decision OF the law, that almost any
question Is admissible TO witness on crossexaninatoni
Judge Neison-That has any relation.
Mr.. Beach-That has any relation. submit, Sir that
you cannot ask witness upon Characterization as 10
his understanding OF fact relating to either OF the par
ties for the purpose OF establishing conclusion OF facts
attributable to either Of the parties. You may ask
witness upon examination his understanding and
reason in regard to his action, facts relating to
his own conduct That Is admissible. But you cannot
ask him his understanding OF the purpose views or SEN
timens party action whose conduct and views,
position aud condition to be determined by words or
acts
Judge Neson-Thereforc the word observation" is
better than the understanding" which the coun-
sci put.
Mr. Beach-Yes Sir; that Is what endcavoring
to satisfy your Honor about.
Judge Neilson-I was recommending the substitution
OF that word.
Mr. Beach-very well. Then will be content.
Mr. Evarts ito the wness-Well, please answer the
question with that modification observation, instead Of
understanding
The witness-My observation was that Mr.. Titon was
great deal interested in the ideas, perhaps that he
heard agated at that house but always with vein OF
strong dissent his part which led to great deal OF
discussion.
O. And which tended. suppose to bring out the right
Of the matter more distinctly A. Perhaps.
O. Did Lie convince. or was he convinced A. Perhaps
neither