New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-25

gpton-that declsrStioni ..,.. Nm,
Judge Neilson-Not for any extraneous 0Vn''''"' 'N
fosihat particular thing, think II does -. ,,o,o,
Mr. BeaoA-weT Sir except to the ruhns' 'O"' ''O''
% rules. ~. ,vood,us cop,a do
without tAe assent Of Mr. TDton
Nh qSacy-0hi no.
Sss no.eswhat is the reason nc could nOt'
"a rtopHe did not require Nj Tltons assentso 40 H
the fct 20 Mr. Tpton that he was gong 70 Try
i ccompsh that end Your Honor win perceive mere no
spcy established by anything that took place tner ~"
Nj Traey-ShaI proceed, your Honor
,nsne Neilspp-Ycs ITO the witnessl Did hr Woodruff
~ rseyYes; did Nj woodruff apply to yen to surrender
the notes 700 held against Mt Ibtoh III cohsOs'" " e
seleasedf A He did, Sur
O. What dd he sayi
i M Besrh-Tasti s Objected1o
n Trscv-ro The witness On that subject OF eoursei
n, Resca-wen SR, that Is objected to.
Tndee Neilson-wen nov, Mr. Tracy, suppose MI
oar proceeded 70 say various things that MI Ilton
mia net have anticipated be would say use srRu
ceUts TIA. he could not have antclpatedi
Mr. rrscy-Then il win hsyeto be rejected after 1t Is
ts'L
Judge Heilson-He could do anything that was neees
q Guy 20 bring about tbatend
h FulertoA-If you 60 into IT, suppose there Is no
4 grain of wheat there; then whatf
Mr. EvartR-Then do as with other testimony.
: ar Traey-Your Honor viii remember the evidence
Mr. woodruff expresses TO Mr.. TOn belief that that
arrangement can be contaminated. Mr. Tton expresses
a doubt; says IL would be very advantageous TO MIN
II 1t could be, but he doubts whether IL can
NOr Mr. woodruff says, al think 1t can and
vrl undertake It," and thereupOn Mr.. nton
sents- Now, he goes and undertakes IL he consum
pates IT, and the notes are returned TO Mr. Tilton and
tbe subscription released 1t seems 10 me that that
makes Mr. woodruff an agent aud that we are entitled
20 know said to MI Southw1ck on that SUBJECT
20 induce him TO surrender that note
Mr. Beaeh-WeL, your Honor, IL is q most extraordl'
nary proposition the declarations the arguments,
and the which have been presented TO the
mind of M sOuthwiek by Mr.. Woodruff to induce him
comply with this arrangement are obligatory upon
MI Tlton Mr. TTton Is indebted to these parties; one
ef the creditors him and 81 think this
Indebtedness may be cancelled IL you will release the
obligation Of the subscription for the balance" why,
Mr. Triton is ready 70 do that THAT will be generous
on the part my creditors Who hold my notes; viii 90
thar oheerfuIly but don't think they win do IT. Mr.
VIC ,drun answers think they will am one; viii
a. and win try and accomplish with the Othere"
Now does your Honor rule under just thoee circnm-
stances that Mr.. Woodruff may make aOy declaration
he pleases TO Mr.. 6OutbS1ek, or any one OF
these credtors and bind Mr. nlton by the
reasons which he then gvesi Can your Honor find In
ths evidence anything like the creation OF an sgencyf
M voluntary undertaking on the part OF MI wood
ru be suggests it is the author Of the idea, and
he Is the principal who. he says, will carry 10 out Mr.
Titon IL willing to accept the obligation. the generous
eft On the part Of his patrons, ana that
is all he says does Mr.. Woodruff says,
81 will undertake it." OF course MI Iton
accedes to his undertaking it, but he confers upon him
DO authority make representations, TO make cOndl-
tIops 10 make statements which shall bind hun, and no
Authority is given to except to follow out his own
nFst snggested plan your Honor rules thai to be an
agency.
sSiee HeilsOu-There was an agency far as this.
that Mr. Woodruff il understood ftaeiuy under
ssOoa) was to proceed 70 try this experiment.
Nj Beaeh-Uudoubtedly.
Judge Geilson-And procure this arrangement II be
eOnld and he had proceeded and had, as 1t now APP
pears procured the arrangement TO be contaminated
his authority was sufficient prevent Mr. T!tOn from
receding from It.
Mr.. Beach-Undoubtedy, Sir.
Judge Neisou-It bound him so far.
Mr.. Beaeh-WeI grant that
Judge ADMINISTRATORS it savors Of an agency; Ont
admit that independent declarations and cOnVersa-
tons not really necessary that business would not
be admissible.
Mr. Beach-The thing to be done Sir, was simple and
plain. II was the surrender Of the obligations Of Mr.
Triton upon equivalent surrender Of the balance Of
the subscription Now no representations were TO be
made; simple naked proposition Of the discharge
and release Of mutual obligations between the parties
Mr. TOn owing his notes, these parties owning their
subScrtton the proposition Is presented to Mr. Ulton,
by Mr. Woodruff that they can be Cancelled mutually
cancelled Mr. Tflton " accept that as a Rener-
Gus proposition upon the part of these Renilemen sm
willing 70 acesde to that" SOw, does that willing
ness Sir, to accept that gTstny upon the part
OF tie geptemed who had aided bin expressed to one
of the parties autaEzs that peIsoDNO make statements
or pr ASEeemeents, beyond the simple
fact OF the surrender
Judge Nelson-No; but it enabled bin to do all that
would be necessary to cOnsummate thatRct.
Mr. Beach-It did not enable him. Sir to make any rep
reservations 10 Mr.. Southwick which could operate
upon mis- mind to induce him to do that act Mr.. Titon
gave no authority 70 Mr. Woodruff TO make any such rep
RESERVATIONS or to present any arnmsnts Your Honor
viii remember that Mr., Woodruff GAME the prin-
eipal actor and the propOser OF this arrange
ment IL was not suggested by Mr.. Tlton,
IL did not originate with him. Mr. Tlton is passive
recipient OF this proposition upon the part of OF his
creditors to cancel their obgatops ADd Of course,
be says 81 will accept 1t with cheerfuness But he
eonferss agency upon Mr.. Woodruff; he accedes.
acquiesces in the proposition OF Mr. Woodruff
TO undertake 70 accomplish IL, but he gives
no oouutenance OF no authority al to the
means which are to be used by Mr. Woodruff to
plish It, and submit to your Honor that there is
such agency, such relation between the parties
authorized Mr. Woodruff to make any communication
behalf Of Mr. Tilton to this gentleman any other,
except that Mr.. Titon Wiling to accept that
raoTement.
Judge Neison-Mr. Tracy, what do you purpose to
prove by this wtnessf
Mr. Tfscy-I propose TO prove what passed between
Judea Neilson-Weil, as TO whatl
MT Gracy-Between Mr. Woodruff and Mr. Southwick
which induced bs to to this arrangement and
soEender Mr. Tatons note which he held against him
seE $50 to Mr. Tatou.
Judge GeiSesR-Now. as 10 what that was-what do
you purpose % prove it vast
Mr.. Tracy-I propose 70 show that Mr.. Woodruff SAID
TO him that the time for him, Ssuthwick and
others, te set out Of The Golden Age that it bank