New-York tribune., 1875-03-04
DEBATE ON A DULL TECHNICAL QUESTION.

pay them myself; she allowed me to do so.
DEBATE ON A DULL TECHNICAL QUESTION.
Mr. Evarts-If your Honor please, II you VIII
allow me TO recall what we consider matter Of some import
ance recent ruling your Honor excluding the answer OF
Mrs. Tilton the communication made 70 her Uy
this witness under the authority OF the piah"" W.
had given in evidence the showing Of the letter 10 MI
Tion and the counsel undertook-ths was In mr.
Moulton examnatonani the counsel undertook to snow
Mr. Tjlton's statements made TO tho witness wheh inc
letter was shown to him, and the question came up
whether what Mr.. Tlton said shoud be allowed we
objected to It Your Honor said ION what grou"u 10
II eydence,' Mr. Fullerton said: IL Is part OF he ''
geg They prove that the letter was exhibited 10 Mr'
and they mean to draw inference from it, MI
They seek to conclude him by the contents OF
his seeing IT, Now what answer DID no makc' M
Fullerton-They to argue that no acqnesoou "
the sentiments expressed that letter Now they cannot
foeclose Mr. Tlton In that way argued as oes' hs
oojns that proposon rule Of evidence holding tha'
did not come within ocsty Then Mr. Beach says W me-
after one OF my arguments: Counsel VIII observe a' "
no questions the declarations OF Mr. Iitoh' In
the letter which he drafted and sent to MI beeche' ~ q
tiop 1, as to the letter from Mr. Beecher which was
prcsened to him" Your Honor then observes
understand that What did hc when he saw that letter!
think he can give that, Sir" speaking to myself. " MI
Evarts-Doesnt 1t transcend any rule yet consderea
whereby everything that passed between this witness ana
ecohcr brought home to him. Now that has not
been done" Your says "Ths apart OF the act OF
receiving the letter admit 1t with that view Mr. fuier-
tonlt letter that they put in evidence lsay your
Honor please Mr. Mouon receives letter from Mr. Becche
and goes and shows Ton and the conversation between
them Is to be given in evidence" Your Honor says:
part Of the act yes Sir" Mr. Beach That's what they
proyeshowing Mr. TtonfOr without that they
could introduce at all and upon the theories tha nc up
proved when brought to his attention Mr. EVa's-
The theory Of proving that he made the answer "c" "o
have given In evidence Judge NeiisonWe will receive whaI
WAS said in immediate connection OF receiving the icer
Mr. Eyars-Between Mr. Tton and Mr. Moulton what was
said between them Your Honor says, Yes theh cosed
the matter You will be kind as to note our excep
ton"
Now to show how far this went in the actual answer
Mr. Moulton goes on to state that when this
letter OF Mr. Beecher to him, Mouton. complaining OF
his retaining publishing private cters-thc point was what
Mr. Ton said upon having that letter shown and then Mr.
Mouton naate considerable statement ana your
Honor recognized coming within the rule that you had es
tablshed. The witness says:
"He said to me- Don't you remember in that connection
that that i did 20 to sec Mrs Hooker and that did
Of the charge of adultery against him. charging her with adu
tery and you remember upon the same authority mean
adultery and came back and told Mr. Beccher that and he
seemed satisfied with it, and was delighted win do
YOU remember He said 10 and he recalled H. ana ud
| remember it."
That is the situation which we suppose that Mrs liton
is placed iD with this further point that this com
| muncation made through this witness to Mrs Triton
OF the conversation that had occurred between Mr. I'll
ION and herself witness made by the pcrmssve au
thority or the instruction, as 1t may be construed,
one way or the other Of this plaintiff. Now 1t be-
comes us | imperfecty argued TO your Honor when
the question first up part of the communication 50 as
that what your Honor has characterized as part OF the act OF
receiving the communication what tho party to whom the com
in tho Of
cation Now that writing instead Of conversation can
not apprehend make difference and your
ing the proposition which we have occasion
make did against the objection to the situation then
produced.
Mr. Beach-Thc proposition IT, Sir prove what said
by third person party this controversy hearing
the OF conversation on the part OF Mr. Ton which
he authorized be communicated to her On the fret ruling
upon this proposition your Honor OF the opinion that the
license given by Mr. Ton to Mrs Oyngon TO repeat what he
had said in the interview with Mrs Ovngon Mrs Tto1
was by no authority ece declarations which
Mrs Ton might make upon the repetition OF that Interview
and would to be very obvious Mr. liiton pro
nounces the conversation confidential with single exception
leaving entirely the option of Mrs Ovngon whether or
not she should make the communication 10 Mrs. Tlton
comforting upon her no authority, delcgating to her
no agency but qualifying the restriction which he placed
upon her in regard to a possible communication
OF that conversation third parties Now the counsel sup
poses that ruling which your Honor made upon the prop
oson that where by the authority OF party
TO litigation made the other party to the litigation
that the manner which that communication Is received by
the party the litigation TO whom 1t is made admissible
and for the reason Sir that the action and the conduct OF
the party whom that communication Is made serves TO
give character and significance the communication itself
To make the cases entirely parallel tho license Of Mr. Til
ton should been to Mrs Oyngon to communicate the
| interview he had with her to Mir. Beecher
Mr. Evars-Mr Beach, you mistaken in supposng that
there was any such such relation that The letter then in
question letter written by Mr Beecher to Mr. Moulton'
and which Mr. Mouon OF his motion had shown to Mr.
Tton II was part OF Mr. Beechers letter 10 MI mouoh
| that 1t should be shown.
Judge Neson-which party proved in that that the let
| ter was shown to Mr.. Titon do you rememberi
Mr. Besch-They proved it.
Judoe Neils on-So understand Well is not that the dis
| tncioni
Mr. Beach-That is just the distinction which am endcavor
| ing to present to your Honor.
Mr. Eyarts-Bat it was by any authority Of Mr. Bcechcr
| that Mr. Mouon has shown it to Mr. Tion
Judge Neson-You prove that the letter was shown TO Mr.
Ton and then they ncrroga As TO the manner In whch mr.
| Tilton received it,
| Mr. Beach-Precisely, Sir.
Judge NesonThat distinguishes the case from the present
Mr. Beach-And tina. would have made the illustration which
give perfect; that is communication by Mrs Ovngon OF
this conversation with Tton Mr. Beecher with Ttons
sent and APPRECIATION authorizing her to make that repetition
II that the state Of this why 1t would have been
parallel with the ruling which your Honor made upon the pre-
yious question TO which the counsel has referred.
Judge Neilson-In the previous instance II remember
right party proves presentation Of letter TO Mr. Ton
Mr. Bcach-Yes, Sir
Judge NesonThe party does that by his own election and
with his own vcw and then the other party as concede with
right did call what said in that immediate
| ton
Mr Beach Yes Sir.
Judge Neison-And in that instance the rule OF law
recognized and illustrated think you illustrated by sup
| posed assault and battery