New-York tribune., 1875-05-13

Judge Neison-Ue ought 10 tell you what MS purpose
| Is.
| Mr.. FullertOn-Oh know what his purpose is.
Mr.. Beach-well, don't know about that Let us
know what mis- purpose We have not the letters
Judge Neison-Well whatever suggestion could make
about II nov would not preclude their calling Mr. Iiton
| hereafter they should see fit 10 do 80.
Mr. Fulerton-It is all under the direction and control
OF your Honor whether they shall pursue the cross
examination Of Mr. Tilton further, whether they
shall be permitted do it under favor hereafter and
the administration Of that rule matter OF course
would be such as would subserve the ends OF justice
Now. II your Honor perceves that may be taken
hereafter at great disadvantage by the postponemeni
OF the further Examination Of Mr Ton, suppose
your Honor would order and direct prevent any
such thing occurring
Mr. Eyarts-we are subject your Honor's direction
whenever We shall make application. That we under
stand.
Judge Neison-f understood that you going to
further cross-examine Mr. TiltOn.
Mr.. Eyarts-Yes Sir
Judge Neilson--Why not do nowi
MT beach-We have been waiting hour for that pup
pose, under the declaration of counsel that they
wished to put Mr. Tton the stand for xamin
non, and were waiting for those letters; hour has
been spent waiting for them to proceed with their
examination
| MI Evarts-That does not make any difference.
MI beach-Yes, Sir; that is a circumstance applying
to your Honors discretion, and it is most material
Mr.. Evarts-I have stated to your Honor that will
not ask them put Mr.. Tlton the stand at this
ment They may go with their But they
apply to your Honor TO preclude from making the ap
phcaton hereafter
Judge Neison-I have signihed that should make nc
order Of that kind,
! M. Evarts-Yes
Mr.. Fulerton-Your Honor might direct them TO on
now they design to crossexamine Mr. Tlton further
| hereafter
Judge Neison-That, still, would not preclude them
hereafter. II they desired crossexamine him would
| not make any order that would preclude them.
Mr. FuertOu-Weu, it is within your HOnors power %
do
| Judge NeilsOn-T think not.
Mr.. Fulerton-We have waited from II until Il
o'clock for the purpose OF enabling them get possession
of those letters and they have possession OF those
letters and the person produced the letters is
IN court subject To your HOnOrs jurisdicton-present u
give any explanation If any needed of those letters
any part Of them. Now it does not to be any
hardship TO require the other side to ON at this time
with their crOss-examinatOn.
| Judge Neilson-Mr. Evarts will you agree think
10 ia reasonable you should - that If you hereafter
after to-day call Mr. Tilton for examination,
You have suggested you might you will also have this
witness who produces these papers, then in attendance
| think you ought TO say you will.
Mr.. Beach-Not after to-day, Sir; after
| Judge NesOn-We, when yOu recall Mr. TlltOn will
you agree 70 have this witness in attendancei
Mr.. Evars-This lady is a free person. IL your Honor
please, and, have doubt, has much will Of her
own most people at any rate. any lady, witness,
has control of her movements when she is not
needed in court.
Judge Neilson-Well it would compel you subpoena
her.
Mr.. Evarts-we, it would be only the subpgna duee,
tecun.
Mr.. Beach-weu Sir, that a subpoena that commands
her presence well that of the papers. She here
now in court, in obedience TO that subpoena.
Judge Neilson-You appreciate my suggestion, sup
pose, Mr.. Eyartsl
Mr Evars-I do. Sir. 1t is proper suggestion; and
when the circumstances under which ask Mr. rlton
10 be recalled for Examination are before the Court
there then any condition OF improperly about it Of
course your Honor Will Orier-that Is to say you will
dispose Of the question whether you will allow W. 10 re-
call him or not.
! Mr. Fuerton-Your Honor has waited for them to pro
Of these papers and have ndulged them
with time them They have read them they have
per1lsed them ALL
Mr. Beach-waited under their announcement that they
wanted 10 crosse canine Mr. Tilton.
Mr. Fullerton-They know their contents they know
what use they want to put them to they know wha
questions they frame in regard TO them and there
fore that there is any improperly in asking
them 10 90
Judge Neilson-This is understood then that II you
learned opponent declines proceed now with Mr. Til
ton and desires call him hereafter for crOssexamina
tiol his right TO shall be conditioned upon his hav
! ing Mrs. Woodruff in attendance at that time.
Jr Eyarts-W understand that il will be in you
Honor's power to apply thar condition.
Judge Neilson-I make that announcement now. i
would be a very unpleasant thing to enforce it, perhaps
| unless il understood.
Mr. Evarts lcontinTngI-And we may have o very goot
wishing TO break the crossexannation ir
two. We may have all the letters that we desire 0l
| expect.
Judge Neils0n-Well win proceed under that condi
tion-that il they Gail Mr. T0B hereafter they shall hav,
| this witness in attendance
Mr. FulertOn-Weu.