The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-23

authority to absove him telling the truth.
the Judge somewhat sterny)-lt Is not ne es-
eary 10 relerate the Tor III OF OATH put TO tue WIZ
ness.
Mr.. Evarts-I submit to Your Honors rebuKe.
The Judge-le Is telling everything.
Mr. Evarts-lftne interview Is pertinent nothing
should be omitted.
name tnird partles out you can do IL n you like.
Gentlemen may have contriouteu donations tnat
they do not want TO nave published.
Mr.. Fulerton-Especaliy Il they are rejected.
After some remarks from Mr.. Eyarts the Judge
said he suggested TO him the propriety Of not
naming third parties. aud that TINS matter must
come TO an end now.
Mr.. Fullerton made some remarks upon the i'm
whicn ought to be shut out. This con- ersation,
part Of rSea me nd sailed up was
nation. II was not, therefore, within the rule.
that where part OF conversation was called for
by us, they mad right TO get 1t. He argued that
THIS was purely collateral matter.
The Judi.e-Yes, IL is collateral.
| Mr.. Fuller tOn--They proved by Mr.. MOulton that
he received rom third person letter containing
drafts for the Co den Age, winch drafts Mr.. Triton
SAID he would not have. Then ne was asked Il he
showed the drafts TO Mr.. Beecher and ne said ne
did, Then he was asked II the name was given
to Mr.. Beecher and he SAID yes. That Was coliat-
eral matter which the defendant could not contra
dict, II was purely collateral, anu therefore they
mad no right to 1t. When they were giving cyl.
dence oil a collateral matter His Honor mad
Tne Judge Il tulnk the learned counsel ought TO
accept my suggestion, and not give the names oil
Mr. Evarls~Notnlng collateral This is part of
the subject OF the direct inquiry.
The Junge-rhat Is not the point now. Now you
can give the name or not.
Counse did not press for the name, and
The Judge sa,d-Go on, emitting the name, from
the point where You dropped on:
would not accept the drafts which showed him;
think there was letter accompanying the drafts;
said to Mr.. Beccher that Tilton said ne would OF
take the drafts that he mad no way OF returning
the money that he knew Of ! SAID also that I
persons and apply it to TiIton's use wtnous IN.
forming hm OF IT.; tnat did not see now 1t could
an expression OF friendship.
| q. Was it not IN substance this-This is friend
q. Repeat the substance as near as you can
A. have already done so; the money was not re-
ceiyed by the 0otdsa Age; returned It; mad
q. what was IT. A. told him OF the oner
oar,e those to e b the the Of nos
ton Is tnat there was caution IN the note not
TO tell Triton aoout 1t; but could l,ot give 1t to
HIM without telling MN about II; told him finally
VINO the parry was; ne said ne could not take it
That he mad no way oil retu ming 1t the party was
known to Mr.. Iilton and Mr.. Beecher-a friend VI
q: Now you say Mr.. Tllton said to you that as
ceivs lts A. Yes sir; he said ne would not re-
ceive Il either as loan OF as git.
Z. How did he object to the money! A. As a
q. Now, how soon after that was 1t that the
money was received from Mr: Beecher.the So 600?
A. can't say; dOn'L recoNccJ tbs date OF this
TRANSACTION.
q. Was there anything said by Mr.. Beecher
recollect.
Q. How soon after was it that Mr.. Beecher came
to you about 1t A. don't recoliect, Sir.
z. Was it y week atrers A. don't recolect.
Y. Was month after A.. DON'T know.
z. Was 1t SIX weeks alter? A. don't know.
Inc JudEe-Can't you give the date ? A. can
not, your Honor.
to the time A. Will explain; saw the allu-
sion In the statement published by Mr.. Beecher
ana my attention being called 70 the clrcum.
stance thereby ! tried TO ind the date but could
not
Mr.. Tracy-Can't you tell whether it was In the
q. Was 1t in the springs A. DON'T know.
q Well wnere was this received? A. 1t was
received IN my house.
q. How 5000 alter this communication did you
receive the mOney-the $4,000 from Mr.. Beecher ?
A. | don't rememDer rilat either
q. Can't you approximate as to the time A.
.. Was 1t IN the same week, A. DON'T know.
q. Was 1t the same month A. l Can't approx
innate as to that either; know when received
II took it to New York to Woodruff Robinson
ana placed 1t with them on deposit.
q. What did you 40 with 1t then? A. | sent
Theodore Tlton $1,000, with demand note Tor
MIN to sign ~ was made payable to the order of
! Theodore Triton, and he returned 1T to ne, saying
! be Couldn't receive 1t because
HE HAD NO MEANS OF REPAYING IT;
I sent HIM the check Tor $1,000 part sent
him the note to be given the $1,000.
q: What occurred before that about the sL0oos
@. Did not Tllton speak OF the subject to you
DID he Introduce the subject to You A. don't
rec0llect wnetner Mr. 1lltOa Introduced the suD-
ject OF the money which nad sent INN.
z. Dld he make any hlusion to the subject A.
He did not directly ortndlrectiy, so lar as Know.
O. When was 1t that you had The hlst converse
tion on the subject with Mr. lIton a. DON'T
remember now shortly or how long alter 1T was
that had the conversation with hlnl.
z. Can you approximate the time A. cannot
approximate the tImo within tew days.
! q. Was not there som, allusIOn made to the TACT
that you had sent him cneck los $1,000 A.
Tnere was an ailusion maze that mad sent him a
note to sign, and lie SAID TO me, ~ cannot take
this money, as am not able to pay 1t back,n and
SAID, iaKelt and keep 1t TIL you are abe TO re-
turn it.'
q. WHAT did you mean by saying to him, ''Take
this money:' did he not have II at the time A.
don't know whether ne did or not.
Z. When was It that you had tnls conversation
with Mr.. Illton A. TINS was lew days alter
The account was here handed to the witness to
refresh his memory Is 10 the GATE OF the caeck.
replied tina. Fit appears to &c july TO- ISL; the
amount OF the first cnecK paid was $780,
q. How did you come to send Mr.. Tnton this
wanted some money, ana sent 1t.
q. Have you any note or memorandum for the
money A. have not.
q. How were you informed OF the fact that the
| paper needed money! A was informed either
Oy Mr.. rutland OF MI. 1iitOn that the paper needed
money.
LEGAL sPARRING.
Tracy and Mouton spared with question ana
answer for nearly ten minutes as to the time
elapsed between the two offers OF assistance TO
| the Golden Age. The defence were evidently
anxious to show the pro xlmty OF Mr.. Beecher's
donation to the first offer that was made by the
person whose name was ruled out, but all the
ients and hostile moves of the lawyer were care
fully guarded aud sometimes countered by the
careful witness. Tracy finally turned la disgust to
another portion Of the testimony.
O. Have you got any application from Mr.. Tllton
or rom Mr.. kuland Tor the payment oI money on
May 81. A. IL appears we have not, sir.
u Is that the let er wnicn accompanied the
first offer OF $1,000 to Theodore luton said MIR.
Tracy, handing the wltness Il paper, which the
latter carefully examined ana then answered -
Yes, sir, ana Mr.. I1liOn's answer, in which he
refers 10 the receipt OF the money, the note for
wnlch lie returned TO me.
1he counsel mere read the letter OF Mr.. MoultOn
to Iiiton OnerIng HIM $1,000. and the refusal OF
the latter TO accept II, as lie saw no way Tor
turning It,
O. the next check is dated July II, ana Is for
$500. What cheek 10 that Z? A. That Is the seco nd
cheek sent to tue paper, and 1t Is lndorsed by o.
W. Rutland, | TANK.
Mr. Tracy then called the attention CT His Honor
/ q nn lIL.ft nlf hn hid