New-York tribune., 1875-02-17

didn't you refer to oonfsoni" Then may he not AK what
the confession was and if
Mr. Eyartsf the inquiry Is confined Here IL question
him. he then s asked question concerning something
that he had sad"You say, Mr. Ton, for sysn after what
you stated as Mrs Tons confession she insisted 10 you that
she had not violated her marriage yowt" Now, that the
only question that Is put him, whehershe point Of the
INQUIRY H. "for year after what you have stated -
confession did she not-have you or notdd yon not
that year after what you state os Mrs Ttons con-
fesson she insisted yon that she had not violated her mar
rage VOW and the read TO him. and he says suo
stanty: "I gave that answer to question" Now, Of
course It nal no difference whether Il yesterday OF
before or anything that kind but the present inquiry
understand undertakes show by this witness %
matter Of fact, confession.
| Mr. Beach-Oh no. Sir
M Evarts-well II 1t u limited inquire TO the date OF
supposed confession to which referred another
matter
Judge Neison-It Of the confession
evidently This question refers the character and nature OF
| the confession. think we may take It,
Mr.. EvartsTha Is what gay he has right 10 inquire
about am only fixing the date Of this witness insisting upon
his wfes not having violated her marriage yowsa period OF
| year after an alleged statement by him.
Mr. FullertoR- was more than tho date the counsel was
| after.
Mr. Eva-It the years s this Witness In
ng his wife had violated marriage VOWS not
whsandDg his statement that she had made confession
Mr. FuertonAfer reading the question that put to the
witness before the Committee and his long answer he then
put this Dteogatory Did you say that In the
question that been read r. and he answered that he
did Now the counsel the other side expects hereafter 10
hold Mr. Ton responsible for what he sai there In 10
question: and he that the wife Of the plain
M had been guilty OF adultery that she bad committed no
crime; that she had not violated her marriage VOW Well Sir,
in order get the full meaning OF this question and properly
interpret the language then employed must know
what had taken place heretofore with regard TO the cones
| sion; must learn the nature and the extent
the scope the confession else how 10 under
the meaning Of these words The gentlemen certainly
eliminate from long examination q single question
and single and hold sentiments therein expressed
without giving opportunity Of laying before this jury the
show what preceded IT, Why, your Honor will per-
that this question breaks right into mIs that
thing gone before which do not understand and which
understand unless permitted to ineogate this
witLess The word confession here Is introduced and u
is introduced In this way Did you upon being
asked this question: "You say, Mr. Tion. for year
after what you stated Mrs. Thton's confession, she
insisted to you etc. etc. Now Mr. Tton made there
stated something in regard to the confession want
get did regard that confession before that
inquiry put him in order that may properly interpret
language employed The counsel upon the other side
he 1T to walk upon dangerous ground must take the
consequences Of IT, He did put these inques he got that an
and he make Of hereafter and there ID no
way for his weapon aside except Is to put In evil
dence here all that occurred upon that subject in order that
the jury have clear and comprehensive understanding Of
| the whole matter that took place there
GENERAL DISCUSSION.
Judge NeilsonI think must dsaow the question, Mr. ful
overule it, 1t may hard you, but think
i will have TO do 1t.
Mr. Fuleron-I think It Is harder upon the law than
| upon me. Still, submit
Judge Neilson-welI admit Is nice question that 10
worthy Of consideration, think should overrule it.
Mr. Beach-They accede the question Sir, 80 far @ IL
calls for the date or the time Of the confession.
Judge NeilsonWsl that IL not the scope Of his inquiry;
| goes beyond that
Mr. Beach-we it may 90 beyond that You may restrict
the answer but you certainly will aow the far
| as It is conceded by the defense.
Judge Neison-wthn such limits he consents TO- Of
| course will.
Mr. Fullerton does your Honor understand my que.-
| tion isl
Judge NeisonI understand your question calls for the char
OF That confession Your argument maintains that at any
| rate.
last question read by TRIBUNE stenorspherl
| Mr. Fullerton-Does your Honor rule that outi
Judge EelsonYes the assumption that woud call for
the terms contents substance Of the confesson that is
| character.
| Mr. Beach-We except Sir
Mr. Fullerton-Wel Mr. Tion, what else took place
| Mr. Beach--[To Mr.. FuIlertonI Don't .s--I--a
| Mr. Fullerton-No won't abandon it, am going at
again. ITO witness What else took place at the lime shs
question and put and made before that Commcef
Mr.. Evarts-Thst object to-
Judge Neison-That is proper.
Mr. Evar.s-What took pace'
JUDGE Neison-Certainly You refer q certain occasion,
before Committee or not-ca his attention question aud
answer lie has right any thing ele that occurred on
| that occasion
| Mr. Eyars-On the whole occasionf
| Judge Neilson-In that connection.
Mr. Evars-Ahl II there any qualifying question and
answer 10 my point inquiry which solely to this point
Did YOU or not for after an alleged confession
to you you your wife did not think she had violated
her marriage vow II any following question or at
tending question that bears that, that Is proper
Judge Nelson-The question stands as yon had taken
par OF conversation leaving them liberty to call for the
| residue OF It that is german to the matter.
| Mr. Evars-0l that point
| Jud,e Neilson-Yes: connected with that point.
Mr. Eyas-Yes; but my learned friend don't conhne himself
that Honor understands the point OF these inquiries
that are made a witness situated as this gentleman h
that he has made statements with deberaton casually, as
NAV be- in conversations deliberate examinations
that are with that he presents pres
emily ON the stand says here in court the basis
OF what his actual testimony and the basis Of the inquresn
regard TO contradictory the point h that he has
made views and the question wholly whether ne
has or has Not whether he has made In other
occasions in reference to other matters
condrmaory decaraio allowed to give but the
pon also of the contradiction permitted to be varied by
prong which the which the false The question Is
not which the true which the false far as Is raised by
these inquiries concerning contradictory statements The fact
OF the contradictory mpuaon upon the In
| tegrity OF the story way the other
Mr.. TILTON's STATEMENT OF THE CONFESSION
RECEIVED.
Judge Neilson-Well, now, you having taken
part of what he said occasion in the form OF answer
question he not nerrogste as to what else TOOK place