New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-19


ATTEMPT TO PROVE MOULTON HOSTILE TO
BEECHER.
Mr. Deach-We do not deny the proposition
that 1T 10 entirely competent TO show hostility. IL 1T can
be shown. on tho part OF Mr.. Moulton against Mr..
BeeOhPr-h feeling mace-nor do We deny the right,
in the language OF the first counsel addressed yOur
Honor TO show tnat acuve and persever-
ing hostility tho part OF Mr.. MJuliOn toward Mr..
Beecber. The question ia Que that has TO be
shown The counsel SAYS aud he assumes that is au
unestabshed proposition. which DENY, that he can
show II by proving Conversations tIe details of quar-
ies the details OF hligaons. IL you please, or any
other declarations upon any subject as between the
two parties. assert, Sir that the settled doctrine OF
the Law is tAat for the purpose OF proving that
dtOn OF feeling between assumed parties. you cannot
give the details OF transactions them wLich
that hostility IN y be inferred; that you can only
ask in regard to the ac'u stale OF feeling or TO acts
upon the part OF the witness which 20 to indicate
hostile sentiment. Now. this lett,r which is proposed
to be introduced-Aug L. OF Mr.. Baechers-if your
Honor VIII look at IL, you will that there Is an ex
preston In the last part OF it OF reproach,
OF Indignation, If you please. for refusing these
originals these copies, tho may
be. Upon what principle Is that received
The fact OF refusal already estab shed and as
that Is proper or improper 30 far as 1t Is Indicative Of
any ill-senment the part OF Mr.. Mention towards
Mr.. Beecher, why your honor will 1t. and the jury
may consider IT, but expressions OF resentment or anger
condemnation the part of Mr. Beecher not to he
received rs evidence OF that condition OF feeling be-
the parties Il is enough tina. the parties admit
or deny that that feeling 1 wish your Honor
would look at this proposed letter.
JIdge NeIlsOn-It il not necessary. think the cor
respondence already in clearly amounts to an appca
ton for papers copies aud refusal that covers
that part Of it.
MI Eyarts-Now. II you leave 1t there 1t will stand
upon this letter but that was not the end of the app-
cation Mr.. Beecher reuews and enforces his appica
tions, and ia met with persistent resistance.
Judge NolsOn-That is not necessary to our purpose.
II is sufficient that an application was IN lde
Mr. Evarts-Hdve We not a right, If your Honor
please, to show what applications made, and how
they rcfnsedi
Judge Nospn-IIere is the application made.
Mr. Eyaris-Wc can show one Application made In
certain matter. II that were the end OF the matter
very well but persist In application and then
we met In the that we are met. 1t Is not
repetition OF the response, before. oar application
is In the shape presented to him. an earnest OF our
necessity and Justice and replied to by him in the
that it Is replied to. and offer that evidence
in itself the most direct and most Trustworthy
evidence OF the osty OF this witness at that stage Of
the ter not by any general It Ito Of feeling, but by
ali espOuscd side, and maintenance OF the opposing
litigation from mat tlu6 Forward tnOse
tue evidence Of it.
Judge NeilsOn-I think have sufficient of the cor
respondonce. rule out this letter.
Mr. Evarts-Your Honor will note our exception.
Judge NelsOn-Yes Sir.
Mr. Porter-I offer first those letters from Mr. Mouton
to Mr. Beecher the 4th OF August 1874 renewing and
limiting bis application for that paper. and stating the
specific grounds on which be claims them. Your Honor
excludes 10, and we except.
Judge Neson-Yes Sir.
Mr. Porter Offer then the letter from Mr. Moulton Ia
reply, the following day, IN which he declines the
proposition, aud states the specific grounds which he
declines. We except TO your HonOr's exclusion of tne
letters.
MI Porter-It was not until you received the answer
the h OF August your letter OF that day that your
friendly relations with Mr. Beecher terminated A.
Not until that time.
@ And that letter was the commencement OF their
terminationi A. One of tho false statements In tho
letter was.
Judge Nelson. to the witness-Answer yes.
Mr. Porter now renew the offer.
Judge Neilson-I strike out the expression false
statements"
Mr.. Porter-I do not object TO It. I renew the offer
now that have proved that this letter the occa-
sion OF the termination Of their relations. offer to
it, that your Honor see and that the jury may
know.
Judge Neilson-I is sufficient that they did terminate
friendly relations We have sufficient evidence.
Mr.. Evarts-HOw is that proved, II your Honor ex-
cludes that letter
Mr.. FulertoD-By the answer Of the witness.
Mr.. Evarts-How are the form and and degree
OF the hostility proved except by the expressions.
Judge NeisonHe has stated the fact that those rea-
tons terminated at that time
Mr. EyaTts-We not obliged TO take his answer, II
your Honor please
O After that did you ever enter the house OF Henry
Ward Beechert A. After,August ~
O. Yes. Sir. A. No. Sir.
@ Did ne enter yoursf A. don't think he has,
Sir.
@ Before the 3Oth Of December, 1876 did you ever
eUter his housei A. may have gone there with my
partner ON New Years Day to make q call
@. Do you remember that you did before that
datei A. don't distinctly remember that did.
q Did he enter your house TO your knowledge
before that date3 A. Id0n't think he did.
O. AS understand you. the inception OF your friend
ship for Mr. Beccher that stormy night vhen as
You claim you learned that DO had debauched the wife