New-York tribune., 1875-01-27

Mr. Tton upon presentation OF this letter to him Now
propose prove what Mr. Tion said In connection with
the reception the act Of drafting the reply to that
| letter.
Mr. Evas-The reason proved the act the re, ge1, can
be proved A between Tton Beecher Now the reason
ing my learned friends and the proposition OF evidence is
| sound u, when Tilon delivered that letter TO Mr.
Beeche suppong had delivered IT, and there was an
act between that form. then what Mr. Ton said when
he delivered II omitted it, they could prove no doubt
But the Ia Tton's wrtng-s letter for Moulton In
Mr. Beeche which letter 10 sent to Mr. Beecher
That Is the action Of Titon that we proved Now they
prove the conversation between the writer and tho amsnuens
the the who furnishes the handwriting at the
time that going on that is the present proposition
Mr neh-Gounse will please observe that we ask no que'
ton as to declaration OF Mr. Tton in regard to the letter
which he drafted aud Mr. Beecher the question Is a. 70
tho from Mr. Beecher which was presented TO hm
Judge Neison-T understand that What did he say when
| he sav the cteri think he give that, Sir.
Mr. Eyars-Doesnt 1t transcend rule as yer considered
whereby everything passed between this witness and third
persons including Mr. Tton order to affect Mr. Beecher
should have been brought home to him. Now that has not
| been done.
Judge Neson-Ths part OF tho act Of receiving the letter.
| admit il with that view
Mr. Fuerton-I was letter which they put in evidence
Mr. Evsrs- your Honor please, Mr. Moulton receives
letter from Mr. Beeche he goes and shows TO ton and the
conversation between them s TO be given in eyidencet
| Judge NeilsOn-As part OF the act; yes, Sir.
Mr. BachThst Is what they proyesowing tho letter TO
Mr. Tonfo without that they could not introduce 1t at a
and upon the theories that he approved when was brought
| 10 his attention.
Mr. Evars-The theory Is OF proving that he made the
answer which we have given in evidence
Judge Neson-we will receive what said In immediate
| connection OF receiving the letter
| Mr.. Eyarts- Between Mr. Tllton and Mr.. Moulton'
| Judge Neison-Yes Sir
hAa Iii nd IN
| ton.
The wness-T said TO Mr. Tlton that the statement in the
letter that Mr. Beeche placed hands for merely safe
keepngeers from his brother and sister
and other parties and also memoranda OF AFFAIRS not
Immediately connected with Mr. Ttons matters were untrue
that that statement untrueand asked him TO recall the
and he said he did recall the circumstances and
| he did recall them
@ Who recalled that A. Mr. Tilton said he remembered
the letters OF Mrs Hooker. and remsmbered-
| Mr. Evsrts-whst he said suppose, is
| Mr. Fulerton-Thst Is what he has stated.
| The wness-Yes will tell you what he said before.
Judge Ne,on-Pesse understand it is what he said In
| immediate connection with his seeing the letter.
| The wtness-Yes, Sir. precisely So
| Judge Neilson-And nothing beyond that.
| The Witness-Precisely,
| Judge Neilson-Go
The Wtnesse said TO me Don't You remember In that con-
necton that Beecher wanted me and Mrs Hooker
and that did 90 Mrs Hooker and that did for the pur
quietng her against making the charge OF adultery
against him. charging with adultery; and don't you
member upon the authority that she proposed to
charge Mr. Beecher and Mrs Tlton with adultery and came
back and told Mr. Beeche that and he seemed to be satisfied
with and was delighted with don't you remember that :"
he sad to me- and he recslledit and did remember it,
Mr. Eysrts-Said what you sad' A. said yea remember
| ed il in substance.
Mr. EyartsAsserting that you did remember Is not stat
| ing what you said.
| The Witness-I stated that o.
| Mr. Fuleron-Neyer mind.
| The Witness-Pardon me.
Mr. Fullerton call your attcnon--
| The witness-wait moment. Mr. Tilton aso slid-you
know have had your depository Of materials and
| that is about ALL and then he
Mr. Evarts-Now your Honor please the evidence having
been given move strike it entirely, part Of the
r,sg,so whatever and form Of bringing in conversation
between these parties concerning some facts in this
Judge Neson-The motion is denied You take exception
| Mr. Evarts-we except to your Honors decision.
Mr. Fulerton- call your attention TO the letter OF August
the h and part OF referring to proposed consent
from both Mr Becchea Mr. Ton to these papers in
your hands and ask you whether that time you procured
| consent from either parry.
I The wtuess-Almos Immediately Su Hlee 'ue N'Nns y
| the letter from Mr.. Tilton
! Mr Evarts-One moment.
Mr. Fulerton-I ask il he procured consent to these
! papers from any one
iBook shown TO Mr. Eyarts with explanations counscll
Mr. HyartsAs understand this present question: this letter
has nothing to with except suggestion to the mind ot
the witness Whenever he undertakes prove the
renee o. telling him. why then will object to it, The point OF
this inou understand IT, is prove action between Mr.
Tton and himself and all such action object the general
rule of evidence entities to object to it, That something
| must occur TO take il up
Judge Neson-Some arrangement suggestion procuring
| consent.
| Nj Eyarts-It a suggestion. communication
made Mr. Beecher in this letter which Mr. Tion wrote
ferring that subject But transaction in which
Mr. Beecher any part invited to take any part
Then therefore, because has said in letter to Mr.
Beecher that he will do thing without doing something
else frson statement which he had nothing do
with except receive it, they propose to show that he after
wards did the things he said he would do The question
whether the thngswhehe he said he would do them did
not say would do them matters that affect Mr. Beecher-
| Judge NeisOn-What is your proposition.
Mr. Fueron-Ny proposition is this Sir to prove that Mr.
Moulton obtained from Nj TtoI TO these papers
then MOutons hands having In the first place construed Mr.
Beechers letter his part And do for this
purpose They intend upon the other side draw inference
| against Mr. Moulton, for the that he re-
fused to give either the originals copies Of those
| papers to Mr.. Beeoher upon his application. His
reply as your Honor ecoec that he the custodian
OF them the benefit Of both parties and that he would not
give them to either without the consent Of the other
Judge Neson-Wha is the paper that shows Mr.. BeechEs
| assent!
| Mr. Puerton-The letter Of Aug 4h
The Witness Reading II do demand that you forthwith
place before Committee every paper which have written
or deposited with you" My reads: In reply can
only say that cannot justly place before the Committee the
papers OF OF the parties without doing the same with
| the papers OF the other, and l cannot do this hon.
orably except either by legal process compelling
or else by writing not only OF yourself but Of Mr.
Tton with whom shall confer the subject as speedily
| possible"
Mr. Fueron-Now, is proper for me to show consistency