New-York tribune., 1875-02-04

suddenly that way and the reason that she gave for denying
this story before the Committee not given
Judge Neilson-We cannot take it.
Mr. Beach-Why your Honor is II permissible for counsel
upon the other side permit to examine in regard 10 con
yersaon between Mr. Tton and his wife and allow them TO
proceed certain stage and then object and your Honor ex
cudes what follows and they retain the portion that has been
gyen' Is that possible? II it Is improper for us to give the
balance Of this conversation improper for us to give any
OF It; but counsel quiet while the witness upon
the stand detailing this conversation between
himself and his wife until reached particular point where
they desired the fact that Mrs Tton upon that occasion
said she denied before the Committee the whole OF the
fact and then object and shat out the answer which Mr
Tilton made 10 that announcement that she had gwen
the denial Your Honor surely will not permit that
injustice to be pracccd The counsel should have OBJ
jected the moment entered upon this conversation
II he intended raise the question Of It's nadmissbty ana
allow proceed to particular stage where 1t was aVor
able them and when ask give the answerthe expana
ton the part Of Mr. Tonthen to exclude that The whole
be given, or the whole stricken out, submit to your
Honor.
Judge Neison may be hard Sir, but think the objection
| must be sustained at the point where 1t was made
Mr.. Fullerton is question Of whether the objection
should be sustained The question whether the whole con
yersaon is to 80 out, inasmuch as the balance oft
Judge NeisonThore has been motion TO strike out as
! yet.
Mr. Fullerton-why it is my suggestion that they deprive
|
OF it already given in evidence should 90 out with it,
Mr. Eyars-Do you make motion to strike 1t out!
Mr.. Fullerton-I make that suggestion TO the Court
Mr.. Eyars-Untl you make the motion won't discuss it.
Mr. Beach-We, do make the notion Sir Your Honor
ruling that further with the conversation we no"
move to strike out that which has been given.
Mr. Evarts-To strike out the whole?
Mr. Beach-Yes, Sir.
Mr. Eyaus-Now some criticism has been made my posi-
ton VIII the stenogapher be good to read the question
| which was asked to this witness'
THE TRIBUNE stcnogaphcr read the question as follows u
you uHdcrwha circumstances the sholt eportwas
! pycparedT
Mr Eyars-Now is there anything in that question that
ought have objected to! When my learned friends ask
question Of this witness saying, State conversation be
tween yourself and your wife, and sit still and allow him to
go with the conycrsaon then it will be time enough to
crce FOR stopping him and not letting him 60 through
Mr. Bcach-Wel that just the criticism in which in
| dused
Mr. Eyarts- you did; but your question not that
Your question was, Under what circumstances this
paper prcparcd and under that he Oft give
nduccment to the paper communication Of stuation be-
| fore this Committee, Of his wife.
Judge Nelson-1hat probably directed to the com
mencement Of the circumstances under which the witness pre-
pared it,
Mr. Eyarts- Any circums.ances Now any other crcum
be yensuch after that this done that
done that is they from parties that properly
before criticism upon me for allowing apart OF the
conversation thus asked for twill be time enough say when
question is asked a conversation to say if will allow
part Of it might allow the whole Bat the question was OF
the circumstances respect to nducemeht Then say
DO not under Of that 60 on and naatc conyersa
! ton between husband and wife,
Mr. BcachThe issue between us Sir, cannot be avoided
! by the gentleman. say that he sat still While
this witness detailed very considerable part Of conycrsa
himself and his wife and that it the duty
Of the gentleman if he intended object any part Of
that interview to interposc the objection when the
tive on the part Of the witness commenced, and that
it is unjust aud illegal TO permit the half Of that
conversation to be given until it reaches the point far
satisfactory the counsel upon the other side and when they
appehcud that the remaining portion Of will be unfayorlble
20 their interest then shut the mouth OF the witness by
objection say it untmely and nadmissbc; but IT, under
the ruling Of your Honor the objection is to be
sustained, that the whole conversation should be
cyen-that il cannot thus be mangd and mi-presented
in it, scope and effect to place the party who oilers 1t in
dsadyanageous position If your Honor viii permit me,
Sir moment think refer to authorities upon the sub
ject wish dean the Court Sir, but will present
| il o your Honor hereafter.
Judge Neson-we will proceed, Mr.. Fullerton.
ing this until hear the Counsel further The subject;
! would be very happy TO hear him, Of course.
Mr. FulerOn-Y YOur Honor will bear in mind while consider
ing it, that this report written because Mrs 1lon made
that declaration that she denied the whole ory but the
port written and presented for other reasons which
will be manifest when that conversation is diyugcd
will pass TO another topic. ITO the winess Did Mr..
Bcccher inform you who published the tripare
mcnt? A. DO remember that the publication Of # was
Of talk between other than that the fact Of
s publication needed know who published it,
| O. Well did you learn it from him? A. No. Sir
O. Or was it ever spoken OF in any conversation between
you and him A. do not remember that it was pub
| shcd by Mr. Wilkeson and Mr.. Cleveland
Judge Nelson lie did not ask who it was published by
! The Witness ! beg yoar pardon, Sir.
|