New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-01

should not be Mrs Moore will make offer TO prove
by this witness thas Carey Kate Smith did say to
Mrs Moore when in her employ that she never saw any
thing wrong between Mr. Beecher and Mrs Tilton. and
that whoever said 20 was liar. We make that offer.
Judge Nelson-If you find on the record the question
was put TO Mrs Moore instead Of her husband can
recall the witness at any time.
Mr.. Shearman-But otherwise it Is ruled QUIT
Judge Nelson-Yes.
THE WITNESS, KATE CAREY. IMPEACHED.
Mr.. Shearman-Are you acquainted with the
character OF Carey Kate smith, for truthfuness
and veracityf A. Yes Sir.
O. What is her characteri
Mr.. FullertOn-That is objected to-
O. What was her character at tho time she was en-
ployed by you
Mr.. FullertOn-I object TO 1t.
Mr. Beach-That calls for personal knowledge
Mr.. Evarts-It il the ordinary question.
Mr. Beach-NO, IL IL not.
Judge Nelson ito the wtnassl-The character inquired
about il the speech OF people.
Mr. Fullerton-Tho general character
Judge Nelson ito the witness Not your own knowi-
edge-but what you heard other people say about hef
The witncss-As to her truthfulnessi
Judge NelsonYes, the question Is whether you know
what her general character for truth aud veraciy Is
among other peopei A. Yes, Sir.
Q. Independent OF your own personal mowledgef A
Yes Sir.
Judge Nelson ito Mr. Shearmanl Go on, Sir
Mr. Shesrmln-what il her character in that respectf
Mr.. MOrris-She has not said she knows 1t yet
Mr.. Beach-Yes, she has.
The Wtness-What was it,
Mr.. shearman-What 1t at that timef A. Those
that have talked to about her would not DoileVe her
under oath in regard to her truthfllness
@ Would you yourself believe her under oathf NO.
Sir.
O. You say MOI A. Yes Sir.
Mr.. Beach-That Is not the question.
Mr. Shearman-It ia the uniform question.
Mr. Beaoh-It is not the uniform or tho legal question
ITO the Wness The question whether, Judging from
that reputation. you would believe her under OATH
Mr. shearman-Then will ask her that now
Mr.. Beach-YOu have got it now.
Judge Nelson ITO Mr. Shearman I have been study
ing practice Ter you, Mr. Sherman, Ions timo'
think you un Ierstand it, If any one does.
Mr.. Fullerton-He wrote that practice for others
Mr. shearman- asked each time the precise question
which has ruled good many times by the Court 10
be the proper question, and tho only proper question:
ITO the Witness When Kate Carey, or Kate smith, was
in that place-was employed by you-was she intern
peratet
Judge Nelson-That is Inmateria; besides she cannot
testify at large
Mr.. Fullerton-when did she come to 1.-Two with you
Mrs. MOorei
Mr. Porter-There are authorities on the subject
of the former question. your Honor. In Abbo5Ps recent
the 36th New-York. lReadng.l
II "a not strictly necessary the OF the per
whom he Is alleged to have made the hch,isenI
declaration should be mentioned Whle ne Is tnr eA
animation II enough his attention has been called 10
the time place and circumstance OF the aeSod
ton.
Rockwell agt Brown. 80 New-York.
Judge NesOn-Yes; l see 1t.
Mr. Porter-YOur Honor will remember that the VIII
ness was specifically Intercepted To her conversation
upon that subject while she was in the employment Oh
Mrs Moore stated that there was no such conVersa
ton; that the namO OF Mr. Tton and Mrs. Tht0n was
not mentioned Now we offer witness In the person VI
the lady who employed her, with whom the conversation
occurred and ask her to state It, We submit that ac
cordng the decision entitled to the benefit OF
the rule.
Mr. Beaeh-If your Honor please, that decision
nominees preceding the statement which Is made by Mr.
Porter that the name Of the person must be given but
that is impossible it is then admissible to ask the ques
ton without it, ITO Mr.. Porter DO you remember what
number you read from, Mr.. Porter
Mr.. Porter-Eere the name Is given.
Mr.. Beach-Gyen wrongly
Mr. Porter-The question is whether the inquiry was
made y the husband or by the wife, and If made by either.
or both included not concluded az to the Witness
but we may prove the contrary 1t may have been Oh
public occasion. We may only name the occasion anu
Identify sufficiently call the attention OF the witness
to it, and then prove by every bystander tnat Oh
that occasion the declaration was made.
Judge Neilson-Doubtiess; but when you do name the
particular person-Mr. Moore-and get your answer in
respect to that question you depart from It'll IdoDt
know how the record is in fact. Anything more from
this ladyi
Mr.. Fulerton-Yes, Sir
MI Beach, am inclined to waive the ODjecton' oH'
and let them take the evidence.
Judge Neilson-If you think the inquiry made Of
Mrs. Moore
Mr. BeachIt would only result in this that Kate Carey
would be- recalled and she would deny it, the same as she
does to Nj Moore. 1t to be making unnecessary
trouble.
Judge Nellson-Then repeat your question: MI smear
Mr. shearman-Mrs. Moore, will you state whether you
ever asked Kate Carey Kate smith, whether she ever
saw anything wrong between Mr.. Beecher and Mrs TIL
ton A. Yes, Sir.
O. What did she to that question: A. She an
swered that she never had anything wrong and
whoever said so were liars