New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-02
A BRISK DISCUSSION OVER A QUESTION.
Q. Now, Mr.. Redpath, | ask you this queS

have spoken, or at the interview at brooklyn Oh WHICH
you have spoken, Mr. Beecher denied the commission
Of adulteIyi
Mr. Evarts-I object to that question, il your Honor
please He has told all that Mr. Beecher said, and has
told all that said by him 1.-THE witnessl that led to
any OF any kind and this witness has no such re-
atiOn toward Mr. Bcccher that there should be De-
hind in his knowledge and In Mr. Beecher's conscious
Of his knowledge anything that does not appear III
the conversation itself The question may be harmless
one but the legal right Of putting it is the question We
are now discussing.
Judge Ncilson-I think we will take it on the
animation.
Mr. Eyarts-Then your Honor will please note our ex-
cepton. This is not crossexamnation as to any inter
views that we have introduced This is their own evil
dcnce entirely.
Judge NeilsOn-Rcpc peat your questiO Mr.. Fullerton
Mr.. Fullerton-Pcise repeat the question, M stem
Ographer.
Nj Evarts-If the Court please have got all that
was said Now, whether in that conversation, proceed
ins from the other party nerchanged between them,
there was any occasion for denying is apparent from the
connection and statement of the conversation, and this
is their interview that they bring in evidence, not
crosse Examination concerning any interview that
have touched upon; and now they propose to ask a
question which, the general rules Of evidence Is not
admissible. 1t would for crOssexaminatiOn on
our part If the situation were reversed.
Mr.. POrtCrWill your Honor permit me to add that the
inquiry az the construction by the witness Of the
language he has given. That is matter for the jury.
We shall insist that in the language he has
given there Is the cearest and the most emphatic
denial of adultery II he is permitted to give
a construction and it should be adverse to ours, what
have we TO call for Sirl He has told all that said
but who made Mr.. Redpath juror in this case TO de-
termne the issue that belongs to these twelve men Is
he 10 say whether certain words which he has repeated do
or do not constitute a denial He never charged Mr.
Beecher with adultery Mr. Beecher not called upon
to deny any such charge to him. All that he said is given
All that Beecher said has been repeated TO the jury
It is for them to determine whether twas admission
denial the foul accusation imputed him by Tilton
transmitted with Moltons cunning false reacherOus
message and for a business purpose, TO extort that
money which might assuage Tiltons griefs.
Judge NelsOnThe question Is quite equivalent to ask
ing If anything more said upon a given subject;
which is a common form Of interrogatory.
Mr. Evarts-That we shall not object TO.
Judge NeilsonIt is equivalent TO that although it is
in different form.
Mr.. Fulerton-Like questions have been put on the
other side again and again. and answers have been given
TO them.
Mr.. Beach-Under our objection.
Mr.. FulertOn-Under objection and suppose that
the rule to be administered that has been applied
TO the other side.
Mr. Evarts-Now, If your Honor says that this question
s equivalent to the form your Honor has stated then
Mr. FulertOn-I do not propose to fashion my question
10 please my adversary
Mr.. EyaTts-No; IL is the Court.
Mr.. FullertOn-No; his Honor says my question is
equivalent TO that, and will put the equivalent.
Judge NelsOn-I in substance II Is equivalent.
will allow the witness to answer your question.
Mr. Fullerton-COmmentaries upon the evidence will be
more appropriate by and by.
Judge Neilson-O course concur with Mr. Porter that
this whole matter goes to the jury for their construction
and have not shall at any future time make
any expression OF opinion in regard to it, 1t Is not my
practice TO do so.
NO ACTUAL DENIAL MADE BY Mr.. BEECHER.
Mr. Fullerton-Now, Mr.. Stenographer, please
read the question.
THE TRIBUNE stenographer read the question fol-
lows "Now, Mr.. Redpath, ask you this question
whether at the interview at Peekskil OF which you have
spoken, at the interview at Brooklyn Of which you
have also spoken Mr. Beecher denied the commission OF