New-York tribune., 1875-03-04

o ,t o, ob,son sro.c that what the party said himself
could not be given evidence for himself here We h
element which entirely wanting IN that case ana a -
that the communication then up the occasion Tor inc
mony which was sought be introduced ana objeced
communication made, not by authority OF tue party n'
opposite party not by Mr. Becchers authority IL wasa co
municaon that far Mr. Bcecher and MI Mouoh VIZ
concerned began and ended between them Mr. mou'oh '
takes the letter and by Of taking 'hat et,e' W "
ton brin ~ into evidence the manner In which Mr. THO"
received the letter Now, your Honor says 'hat oco. "
bo,y On our side that the letter came TO Mr. Triton KNOW"
LEDGE and notice. that that makes the difference ana gives
them the right; but show in this situation 'ha' 'o
municaion was made by the anthority o' MI 49,
to his wife, and that the reception Is part VI W.
rss osssy inst as much In TINS case hs "
49, l., ,s, :, doss not depend nor IL II varied or AZ
,cod nv snv diversity OF circumstances nor we submit ooes
tho cueou OF whether or 1t Is justly part OF the res
oestr depending upon the question which party III ''no
on introduces this that branch OF the evidence We
tho conversation with Tlton that binds him. we hsVe 'n
communication by his pennissve authority to his wfe ana
under that authority have proved It, and now the question
whether Of this res the wifes reception forms part when
leaves the truth incomplete without its statement Is precey
the same question whether the communication OF tue c'r
to Tton-thc Communication OF the letter to Mouiton mauc
by himself Ton-eaves the truth incomplete unless as
part OF its res its reception is proved.
Judge Neson-In the former instance the defendants cou
sci proved as they had right that the letter was presenter
10 Mr. Tton by the witness Moulton. The defendant
counsel elected put that evidence In That @ the Court AZ
that time undcrst od it, gave the plaintiffs counsel the gh 10
ntcrogate as to the presentation and OF recepon what
constituted part Of the act act Of delivering the letter and
the act Of receiving IT, And thats srknsy distinguished from
the present case where defendants counsel elects to show
that this conversation was communicated to Mr. Tion and
wishes to follow up by showing what transpred In ha con-
neciion to the extent OF giving her declarations hK w
disposition mado ago. OF this question Is correct
Mr. Uil-Your Honor will be 50 good as to note my
exception Permit me- your Honor; counsel have suggested
that present another question: with the view OF presenting
this exception more polntedy Ito the wtness When you
told Mrs Ton on the way Coney Island in repeating tc
to her which had occurred upon the piazza
house between yourself and Mr. Tton-when you told her
that her had stated his charges against herself and
Mr. Beeche did she say anything in respect to those charges
admitting denying them'
Mr. Fulerton-Objected to.
Mr. Bl-f so, what did sho say in that respec' That
presents it,
judge Neilson-Tlat is ruled ont.
Mr. Hll-That Is objected to; overrued; and exception
Judge Nelson-Arc you through with your examination
Mr. Hill
Mr. IIl-Yes, Sir
Judge Ncilson-lo the plaintiffs counse-Genilemen will
you proceed