New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-25

no was not 10 be held as debtor. Now at stage Of
the natter be relieved from the future prosperiys
obging him TO return the money aud TO be relieved
FROM and 10 proceed free from, that Obligation, Mr.
Woodruff makes this suggestion to him, aad
Mr.. Titon eccepts 1t valuable prepo-
sitiIon, 90 far as he Is Governed, Dat
doubts whether It be accomplished, and Mr. Wood
| ruff says to him, OF think can bring about" or II
think accomplish it, proposing TO him. therefore,
that that would need come manage
nent ana some argument, and seme influence and that
/ MANAGEMENT, thet argument and that IN
| nuence were 10 be at his service to gain
desired result for HIM. Mr.. Hlton as much as saws,
WELL n YOU accomplish it, 1t will be great thing
for me-" and leaves Thin to undertake IT, and accepts
the results and keeps them Now II that does not con-
mission Mr. Franklin Woodruff TO conduct that negota-
ton as the representative of Mr. Tton and his inter
ests his side OF the negotiation IL would be dcult
| TO find any such authority II it were written out
with power OF attorney under SEAL prtnd fdeie you
have, therefore, right to show what this agent thus
empowered did toward the result desired for his princ
pal It should be produced by the witness, and 10 my
learned friend upon his suggestion, upon your Honors
inquiry 10 what the scope OF those Influences ana
those arguments will the extent OF them such ne 70
preclude them Why certainly not He went to this man
and used with him accomplishment OF an object
in Mr. Ttons favor the statements OF the facts as MI
| Woodruff understood them. Now, It is not for my
learned say that Mr. Franklin Woodruff was
false agent He undertook to deal for this
principal OF his, In the interest OF that prin-
| cjpal, by O shrewder business management
| than the principal himself could furnish,
and the principal accepted him rather than hmsen 70
undertake It, And what he did with any one subscriber
| Is, the face Of this matter, done by MI Titons
authority Now, unquestionaby, when any agent I'M
derakes to do business for principal the agent may
do things that are outside of authority and for which
principal should not be held. But we are not In any
such nice disputesa as that. Ny learned associate
informed Honor as to the scope Of the repre-
| sentatons which were all within the argument and
tending to the result which accomplished, and OF
which Mr.. Tlton reaped the benefit
Judge Nelson-Of what value to u.s. Mr.. Evarts 10 Mr.
Woodruf's opinion about the effect OF the Woodruff
publication upon The Golden Aaef That is the only
| point evidently that Mr.. Tracy hos In view, o. IL IL
would be beneficial. OF what value wOuld that be
Mr. Evarts-Well the question-it is not for me TO
weigh testimony and say how much and how important
It is; your Honor understands that
Judge NeilsonH his testimony is the expression OF
Mr.. woodruG'S opinion upon that subject
| Mr. Evsrts-SuppOsing Mr.. Tlton had personally said
it, The question is whether or no It is within the pur
view of the authority. and lie covered by the original
mandate or the subsequent ratification. Now, the
face Of It, it an argument that is used in good faith
toward Mr. Tlton to accomplish the object or tends TO
! the result
Jugde Neilsou-There could be subsequent ratiAca
ton unless Mr.. Tlton knew that MrWoodruh had made
H such statement
Mr. Evarts-We. they to relieve themselves OF II
\ By showing that they did not know. You must have
n some principle by which, when errands are In
Il trusted to messengers, the messenger speaks
concerning his errand and binds his princ-
pal who sends with him. II he Is sent
only to put letter in the postOce that the end OF
\ it, II it is to influence and argument to induce
creditors surrender claims and relieve the party for
whom the negotiations instituted, Why then the &C
ton Of the party that makes the negotiation Keeping
within the purvew of the negotiation tending toward
the object desired is the action Of the principal himself
Mr. Beach, do not perceive, Sir that the gentle
mans argument added any very valuable sugges-
ton to this discussion. He assumes the fact OF an
agency and with that premise admitted, nls not very
difficult the conclusion that the declarations
Of the agent within the line and Of his agency are
admissible against the principal But the primary
question before your Honor upon this objection Is,
whether Mr.. Woodruff was constituted the
| agent OF Mr. Tllton TO use arguments, 10
make suggestions, to enter into undertakings with
| Mr.. southwick beyond the simple question OF the
surrender notes Of this subscription OF these
subscriptions What the relation OF these partiesf
They stood Sir in antagOnistic attitude 30 far as
written obligation concerned. II the proposition
which they attempt prove through this gentleman
true, why, then Mr.. Woodruff came 10 Mr. T1lton for
| the purpose of relieving himself and his CO.
| subscribers TO this paper frOu I'M
! fortunate enterprise. His object not TO bestOw
beuefaction upon Mr.. Tton, not TO be generous and
liberal TO Mr.. Tlton, but TO get himself and his CO
subscribers relief from obligation under the
assumption that this paper in desperate and failing
circumstances Now they Stood Sir In directly oppos-
ing positions upon the ground OF the question Of inter
! est Mr.. Woodruff, from whatever motive you
| may choose 10 assume makes the PROPOSE
| ton TO Mr. Triton TO surrender the notes
they hold against him upon the discharge Of their sub
scripOns paper Mr. TltOn says 81 accept that
proposition cheeriuly, Mr.. Woodruff IL is generous
and liberal 30 much that do not believe your 1850
| ciates ascent % proposition" Mr.. Woodruff
says Il think they will; think accomplish It,"
Now according to the record, Mr.. Tlton nothing
| TO that. But IL you that by bis silence
he accepts the proposition that Mr.. Woodruff shall make
that effort then contend to your Honor that there
no such relation 80 that existing principal and
agent Tween assS parties nP99 that suoleot there
was Sir to what dOss 1t extend7 Why to the simpIv
proposition OF surendeng piece Of paper upon the
release Of another. But to pretend that on the nc
ceptance OF that proposition by MFR. nltOn and the
suggestion OF Mr. Woodruff that he will attempt to ac
/ complish It. Mr. Woodruff shall be permitted to make
declarations hostile to Mr. TtSp, not necessary e the
accomplishment Of tb6 principal object, suggestions no
way 6fesShted to the mind Of Mr. Tilton and no way
suggested by,Mr Tilton TO Mr. Woodruff that 1t gives
Mr. Woodruff unlimited agency to make these declara-
tons Injurious aud detrimental TO Mr.. Ton will be-
Sir one OF the extraordinary propositions that was
ever sustained court OF justice. Recur, Sir to the
| circumstances AS between Mr.. Woodruff and Mr.. Til
ton the understanding is this paper prosperous; 1t
owes 800 $780, 1t is upoa successful foot
ing and if you get relief from your obligations TO
these subscribers to the amount Of half
| their subscriptions upon condition of re-
! lieving the balance Of the subscriptions,
you will be free and and you pursue your of
| prosperity" Now, they pretend to prove that Mr.
woodruff goes to Mr. southwiek and represents to him
that the prospects Of this paper have been bghted by
the publicatiou OF the Woodruff Life or Biography that