New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-22
Mr. n. Fvsrts-wo mat depend. apoan ~ost .As..

Mr. Bearh-There IL another confederation, II your
Honor pease connected with this paper and that THAI
1t relates entirely to transaction between Mr. Tifs
and Mr.. Bowen n IL Mr. Bowers cheek for tho a.
rearages due 10 Mr. TltOn under tho eonrsctS betwe,o
| Mr. Bowen and SIR. TItOn; and the inquiries into fhu
matter submit TO yonr Honor have been hitherto cot
ntera and that 10 r. totally fmnaterm what may bsyS
ren that transaction, far as the receipt and tho is
post OF this check concerned It relates to Mr. Bes.r
| in no degree Mr.. Bccchcr had no connection win IT,
and by what right we could pursue into hese collateral
and imfnateriai details, tho affair between Mr. Titn
and Mr.. Bowen does not appear tO mo ~ be important
But II In sufficient objection 10 this paper thst
which IA suggested by your Honor That neither Ttos
Moton Beecher anyone else connocted With tina
| su had any relation connection with this paper.
| Mr Evarts-wlry, n yofr Honor please. she whoio
trausacon has beef, proved in nil ito details far 10
those details have been brought t0 light now Aid tina
single detail 10 wits That this deposit came from Mr.
1ton and have traced II In s origin In the chcwm
stances that led Ia Its coming into hs hands, and bayo
given evidence about what il called the operation the
influence that brought about to get II from Mr. Bow
en- and that IL deposted and newI propose 70 sbcw
that the cashier Of thai firm OF which Mr. Moultsn
mariner Ia the recipient OF this cheok with ths papc.
and then shall show win be very apparent, when ,fs
papers are compared that they appended oseths
Judge NciIson--I cannot sec that 1t is material. sw
Mr. Evarts-That, II your Honor please. think must
| depend upon what Ia on this paper.
Judge Noils0n-T must see that thing "a material ~
| fore admit IL, objection being made ..,- ..
MIR Evarts-YOur Honor Can look at tho paper. Of
| course.
Judge Noson-.!f looked couldn't tell WHO wrote IT.
| NJ tyarts--couldnt tell what
| Judge Neilson-I couldn'ttell who wrote IT,
Mr. EvarN-I propose TO prove that It waS write" W
DIR. Tilton.
Judge Neiison-That don't appear YET.
Mr. EyartsWell, IL Is mere question OF hsndTri.iBs.
Mr. Reach If Ia "A imDOrtAnt preliminary. Slr.
Mr. Evarts--This witness Is not acquainted with Nc,
Ttons handwriting: but matter whose hand writing
it is If 1t to this firm with the deposit whichoomc~
from Mr.. Tilton, it is communication from him. pro-
s,imptively.
Judge Nelson-Tt don't appear that IT to the firm
with that memorandum: IL came to this gentleman
Mr. Eyars- II came TO the cashier of the firm. who
agent of the firm for the deposit; now Mr. Partritse.
how did this check and this paper come to your hAndss
A. They together Sir handed mo by the same indt'
vdual. Ir5 3D.
O. Yes, handed you by the same person togcther' A.
Yes Sir. ..... .
@ Nov Sir. by which member ofthe Arm was It handed
to youl A. wel couldn't don't remember distinctly.
Sir, who gave it to me .... -.
O. What Is the your recollection upon that pon
A. Well. have ndistinct recollection that Mr. wo"a'
ruff gave it to me.
Q. Mr.. Franklin woodruff A. Yes; Out ntreoo''
ect distinctly, Sir.
@, A member OF the firmi A. Yes, Sir
O. Did you receive it from the firm In some fern snd
for deposti A. Well Sir. IL IL don't reoolect distinctly
whom did receive 1t from; think tnat roceaved IL
from Mr. Woodruff.
O. Yes did you receive IL from any person outsdo tbs
firm A. Not that know Of Sir
O. No recollection no idea Of that kindi A. No. Sir.
Mr. Evarts-Now submit, Sir that have proved that
1t was handed TO him by some member Of that firm
Judge Neson-Can't receive IL, Sir.
Mr. Evarts-what does your Honor say, Sirt
Judge NeilsonThat does not alter the relation OF IT.
Mr. Evarts ITO the Witness. lis this in tho hsndwrt
ing Of any member Of the firm A. No, Sir d. .
@. Or of anybody In their employment A. No. 8ir:
not that know Of
Mr. Evarts-Now. Sir offer TO read it.
Judge Neilson-I think it Is immateriaI.
Mr. Evarts-As coming to this firm with the check
Judge Neilson-It ia immaterial
Mr.. Evarts-Wer, submit to your Honor that tho
question Of its materially is in dispute. Tho payment TO
the Of this check its receipt and Its deposit has been
proved and Is in proof and Is material, therefore, Now.
l offer to prove that this paper accompanied 1t.
Judge NelsOn-It has been proved that Mr. Tltou sce
up claim against Mr.. Bowen, partly founded on cons
tract; that that tho subject Of negotiation and
finally Of arbitration and that in pursuance OF the deter.
mination of the arbitration. Mr. Here the Judge WAS
interrupted by q slamminy Of windows long continued
and annoying. When it was over, he resumed ~ fol.
lOws:l about to say that 1t already appears. In
painful detail, that after arbitration this check WAS
gwen and given claimed by Mr.. TOn, ~ II 1t wero
IL
paid by Mr. Bowen tho same theory; and that Mr..
Tilton deposited IL with Woodruff Robinson. aud that
in due time the funds drawn and used.
Mr.. Evarts-And this paper came with IT.
Judge NeisOn-It don't appear
Mr.. Evarts-Ths gentleman has said 40.
Judge Nelson-No, Sir. Mr.. Tlton, we TO assumss
sends that check Woodruff Robinson. Now 1t snOt
what instructions he sent, but, at any rate
don't appear that he sent this
Mr. Evarts-ItdOes appear that this was received by Tho
firm OF Woodruff & Robinson, with this paper added
LEGAL POINT AS TO ACCESSIBILITY
Judge NeisOn-Well, that presents thia
question: whether the particular suggestions instruo
tions which the firm of Woodruff Robinson may make
of their employees in sending in q check to be
tered be received against anybody except them
selves; that is all there Is about it,
Mr.. Evarts-If your Honor please, have shown
pressy that it is not their handwriting, does 1t
coed from them.
Judge Nelson-It does not appear that IL don't pro-
coed from them They received the check from the
hands of somebody, and passed 1t to tho hands Of this
clerk or cashier.
Mr.. Evarts-They received it from Mr.. Ton that has
been proved they received the check from Mr. Tlton
I,,l..o Nail h.,fsf ..xula,. l.a