The New York herald., 1875-01-19


70 say, did ycu refuse TO give up Mr.. Beecher's
own letters co him at hts piteous PRAYER that he
might have them to defend himself while giving
them TO MS enemyr And then, having put this
leading question, toread the letter In al It's elo
quence or injury. la-u
The intent was defeated by Its informallty. the
Judge ruled the letter out as Mfr. Beecner's state
ment OF what might have occurred but not
proved The reading OF the letter. TOO, was over
done and passed in style rom patnos to harhos.
Moul,on, studying his interlocutor during the
reading resolved upon policy OF perfect polite
ness and this was the best foil he could have used
as It's courtesy often threw Judge Porter or his
guard. a.r
Mr.. Beecher's maenantmity Ia keeping out OF
court during what might have been the trying
scene for his young opponent was generally ap-
preeiated. he has NO love for cruel scenes, and
spared Moulton the sight Of MS enjoyment.
Tomorrow may be rough day for Moulton. but
II his pulse beats as evenly as yesterday ne viii
escape with no life scars.
Judge Morris, at the conclusion OF the day.
called the Judges attention to q conrt interloper
among counsel for plainun. who was In posi-
ton to hear everything they had to say together.
Morris u recovered aud looks az Well as usual
THE EVIDENCE.
Francis d. Moulton testined-This paper you
have shown me Is my first statements to the com-
mlttee It was prepared for the committee at their
meeting OF July l3 s.s
MT. Evarts--How Is this material, Your Honor ?
This Is no part OF any res gasta tnat know OF.
the paper was Introduced 10 the attention OF the
witness as we were anout adIournng, as TO what
was called the hrst statement which Mr. Mouiton
prepared for some penang investigation tnat was
in progress. Now, of course, that is not evidence
In this case. II IL was Mr.. Beecher's statement
then we can understand II AZ evidence against Mr..
Beecher.
Mr.. Fullerton--Tne gentleman's objection Is prem.
ature have not offered tile statement yet In ev.
|
before design giving 'ne statement n eSdence nee
the gentleman can object.
HIS Honor-It appeared that you were aoout
Mr. Fuierton-But have not yet offered it.
HIS Honor-I thought would give you the op-
portnn.ty OF narrowing the circle.
Mr.. Fullerton-Bnt don't want 10 close the
circle upIit the proof Is IN. -..-..
Mr.. MonlIon resumsd-I read the statement TO
Mr.. Beecner at my house In kemSep street before
/ sent 1t TO the committee; said 10 Mr.. Beecher
that had an invitation to appear before the COM
opinion about 1t; he saLd 1t was an honorable one,
and afterwards when went down stairs my wife
asked me what Mr.. Beecher thought OF the state
ment. ana / said 10 her ne thought 1t was an
honorable one; Mrs. Monlton then asked Mr..
and Mr. seecber answered .Yes0 he ad = tSsn
told HIM that Mr.. Tllron concurred in It
A LEGAL POINT.
Judge Fullerton then sain ..l now offer 1t in evi.
dence.n
Mr. Evarts objected on the grounds that 1t was
MoultOn's statement and that they did not Know
whether the statement contained anv iacts at ell.
Mr.. Evarts added :--..lt is no, evidence Ia any
issue in tins case and II II Is submitted We Will
lake an exception"
Judge Fullerton said he was surprised tnat the
learned counsel should conls tnat he does not
know what II con alns. as Ii ne mad perused it he
would see is becomes an important piece OF evil
siion on ne nars OF Mr. Reecber ro snrow obs1s.
ces IN the Way OF an investigation.
Judge Ssson-I think IL VII have TO be ruled
out.
Mr. Fullerton-Will Your Honor rule so on the
question?-I propose TO De heard on that question
Judge NeilsOn--i cannot understand now this
paper can pe material.
Judge Fulerton-Why, sir. one strong argument
TO he made by the other side is 10 show That Mr.
Beecher cOurted an investigation. therefore it is
important Tor Us 10 snow that he was secretly try
ing 70 suppress IT. IL also states facts In which
Mr.. Beech.r acqulesced.
Mr. Evarts--ite mas not said that.
The stenoeraphsr then read the evidence for
Mr.. Evarts' benent .et..
Mr.. Beach then argued in favor Of It's admission,
and cited as authority the case In the 55th OF New
York. tt
Judge Neilson-Tne other papers have been read
without OBJECTION The reading OF the paper is
NOT objected to- but the adm OF 1t IN evi-
dence is. rhe simple question is whether the
paper is admissible as having been approved oy
Mr. Evarts--If the pa per Is admitted in evidence
It's entire harmlesSnesS as Affecting the case ltself
VIII be apparent; ou: nevertheless the question
arises Tor counsel whether matters not pertlueur
to an Issue, which do not come within the scope
range o. what Is pertinent. whether evidence OF
this character snOuld be admitted, because it Is
not injurious, is question with which coursel
nave something 10 40. Here ls statement OF
Mr. MOulton, " 10 occupied the position OF o Wit
ness, notified 70 attend before a church examlua-
,ion which had no compulsory power over hin.
He didn't go there as a witness but he prepared
a statement when wa, TO be- for the present at
least, answer for his not testIy,ng. and read
II 10 Mr.. Beecher and asked him n he thought It
was an honorable statement Tor him (Mr. Mouiton)
to nuke III his DeHall, and ior thar purpose. and
then be asked Mr.. iuton the same question, ana
then Mr.. Mouton had an interest IN asking the
question, and the result OF it IL, no doubt. II
stands that MI. Beecher mad this short statement
OF half q page reaa to him, and said IL was an
honorable statement ior HIN 10 MAKE aud, II you
please, concurred IN the prepriety of making II.
mat Is ali ihatls pretended.
Judge Fullerton tnen SAID Moulton stated some
facts mat bear upon the issue.
mr. Eyarts was not satisfied ana made some
other objections.
Judge Fullerton then said the paper becomes
exceedingly lin portaLt as PROOF that Mr. Beecher
made efforts TO suppress investigation lie tnen
read an extract rom The case OF Kelly vs the
that he SAID Illustrated their view the case.
Judge Neilson--i stul thipk that IL this instance
IT was understood that the witness was TO make a
statement 10 committee. II appears that this
statement had teen prepared ana was to be sub
mtttd 10 Ar Beecher. We mad Ia view the TACT
ana, OF course, toe statement was from his stand
point OF view. think t!se case IS pretty much
nes adverse to MIN. differing from your views; it
was honorable testimony Oh has part but IL Is not
at ali IN the same direction as that upOl the part
OF the defendant, / stili pnink mus. rure IL out.
kr. Beach-We except. eH
JnSge Fullerton sqla ~. shall offer parts ofit"
sitlon counsel. proceeded 10 read as iollows:-
regret for your sake the responsibility Imposed
me O appearing here Tonight. II say anything, l
must speak me truth 90 not believe that the simple
q tn e b @oa e a. 'tEf or ssn Of @
me OF the acs which are III my possession necessarily
in confidence. through my relations to the parties The
personal differences Of which am aware. chosen
arDtcr have once been settled honorably between
parties and woud never nave been reyiyed except
account recent attacks both in ana Of Plymouth
courcl maze upon the character OF theodore fiion.
which ne thought repiI necessary, II the present
issue % be setted II be, my opinion, the
parties themselves, either together or separately.
before your committee, each taxing the by OF
his own utterance. As sm iuy conversant with the
facts ana evidences shall between these parties II
necessary, deem my duty to state the truth in order
nnal settlement. and that the worli be well in
formed before pronouncins its judgment with re ference
70 either therefore suggest to yon that tie parties
first De heard that II then deem it ssary
should appear before yoc. will do 80, 20 speak the
truth. the whole truth, aud nothing tut the truth"
Judge Neilson-Tnat IL ruled out. You can take
an exception.
Mr.. Fuherion-I will oner, "I hold tonight, as
! have held hitherto, the opinion that Nj. Beecher
should frankly state tnat lie mac committed an
offence against Mr.. Tiiton for which II was neces-
sary TO apologize, ana Tor which ne did apoogfZe
In the language OF the letter part OF which has