New-York tribune., 1875-05-13

| Mr.. Fulerton-Au that s collateral
| Mr.. shearman-It comes down TO the very question
whether these parties down at three O'Clock in the
afternoon In order TO he cool and went the piazza
The whole question turns q question OF time. The
whole contradiction Of Gen. Tracy is attempted the
| time he went down. and this witness testfes that
although he looked clock, and had idea
the time he knows he went the piazza three o'clock
because he went down there to get cooler. and when
asked whether the piazza the hottest place In the
house he said no.
Judge Ncilson--Ask the lady that question
BY Mr.. Shearmans, or is not that piazza the hottest
place in your house between the hours Of halfpas
and O'Clock in the aitenooni A. We have always
| sidercd il so.
Mr.. Bcach-wait one moment, Madam We object to
| that answer.
| Mr.. Evarts-whyi
| Mr.. Beach-Wc move to strike IL out.
| Mr.. Evarts-It is good answer.
| Judge NeisQn-I think will let It stand. Go on.
Mr.. shcarman.
O. Does the next house on either side Of you project
beyond the rear OF your piazzai a. Neither Of them
does frame house each sdo Of ours, neither one
! extending beyond ours
O. Is your piazza exposed to the sun in the afternoon
| or mott A. II is.
| Q. Is it not directly exposed to the sunf A. It's
BY Judge Neilson-What is the protection there !
There is protection there, Is there nota A. There
Ia projection until an hour or two in the afternoon by
roof but between and half past g. think is
mer there il no protection whatever; the sun blazes
there.
By Mr. Evarts-You the roof Of your piazzai A.
The roof Of piazza il narrow old roof; IL is
narrow, old-fashioned piazza.
BY Mr.. shearman-Have you recently observed during
what hour the does strike upon the whole of that
piazzai
Mr.. Fullerton-shc has not recently observed that
piazza
Mr. shcar1nan-Thc sun occupies about the Same posi-
Mr. Fullerton That IL the way ! studied geography.
Mr.. Shearman-The sun occupies about the same posi-
tion on the 18th of May that it does on the 2Sih Of
July.
Judge Ntlson-I think her answer is sufficient on that
subject
O. Have you recently observed during what hours the
sun strikes upon the whole OF that piazza A. From
until hafpast O'clock think it is, or 81 in the sum
mcr it lies there longer.
O. Mr. Martin tcs,ifcs being asked how he has re-
frcshed his recollection as to the time of being in room
in your house, and lie says
Because they have clock there; may have looked
Of that; do not remember
Judge Neilson-Y0u need not ask her about the clock
by Mr shcannan-Mr. Martin went into Mrs. Tlton's
room is there a clock in Mrs. TIlton's roomi
Judge Neilson-That is immateral.
The Witness-There is.
BY Mr. shcarman-was that clock running in the Sum
mcr OF 1874 A. No. Sir.
u. A.
Judge NeisOn-Nevcr mind about the clock Mr.. Mar
tin did MT prove anything about the clock.
Mr.. ShcaIman-Ilc attempted TO-
Judge Neson-ie attempted to show he looked at it,
MI Btach-No, lie did Mt attempt 10 show he looked
at 1t.
BY Mr.. shearman-Mr. Martin being ASKED the qucs-
ton
There was quite long time elapsed after Gen. Tracy
left before you had teal answers:
We'll. should think about an hour and again, think.
my best impression Is II was about an h'ur
How long it after Gen. Tracy left before YOU and
Mr. Martin had teal A. Gen. Tracy left AT o'clock.
We went TO tea few minutes past o. ! think the tea
bell rang when Gen. Tracy was in the house.
O. call your attention TO some testimony that Mr. Til
ton gave yesterday
Twas sitting with Mr. and Mrs. Ovington on their back
pazza, and ciancci 10 make a remark 10 this elect,
that sorry that the piazza on my house was in the
front and not in The rear; that my piazza was pi1'
ticaly of antagc TO the tamiy because III order
sit there, must expose ourscvci to the street;
whereas. in Mrs ONngtons house, they could enjoy the
comfort Of their piazza. and still maintain Their family
scclusion.
And he fixes this conversation of the 9th of July,
1874 understand. DO you agree to the date, the
9th of Julyl
Mr.. BcachNO, understand not.
Mr.. shcarman-Thcn. II it was not so. it wac improper
evidence because II was no contradiction OF the tcsti
mOny Mrs. OvngtOn gave. Mrs. Ovingt0n gave an ac-
count Of a conversation that took place on the 9th of
July, 1874 Mr. Tons attention called to that, and
conversation. will put the question IN this shape. ro
the witness You remember tcstifyns. Mrs Oyingon to
conversation with Mr. Tilton, in which he said 10 you:
elizabeth will lie for She would tell any number
of lies to clear sho loves me-" You remember testi-
flying that A. do
Mr.. Morris-Onc moment.
Mr. shearman is all. to call her attention to it,
ITO the witnessl Mr.. Tracy tcstiies that OH that
occasion the following took place:
was sitting with Mr.. and Mrs. Ovngton on their
PACK paa ana Gnsfed ns tho to- maze maze o cS hausc 30 WAS WAS
in the front, and not In the rear; that my piazza was
a TO- sit tf G bcre we ms NO e exPo oSrsees to
the stret, whereas in Mrs Oyington.s boise
and still maintain their family seeln.ion MR.; Mrs;
Oyngton made some remark. however. about
mer in consequence of Gallatinplace opening perpen-
dicuarly just in front Of it, then made remark % & that
had been compelled to yield up the Peasantesi ana eoG
est room in our house which NV was ,ne h erS n @
occupying them; and added, perhaps IN a hauilcal
and unless / defend myself against the accusations
brought against mc, presume shall 80 to complete
ruin"
sO what part of it
Judge Neilson-she has testified to part or it.
Mr. Fulerton-Can there be anything more collateral
than that
Judge Neison-No
The Wness-[to Judge Nelson But, Sir 1t Was not
I'm the same connection and that was not so.
Mr. Fullerton Ito the witncssl-Let Mr. Shcarman argue
the case. ITO Judge Nelson. object to it ON the
ground that it is entirely collateral
Mr. shearman-It evidence worth puttlngin on the
other side suppose anything they put in we have
right to rebut. ITO the witness Did Mr. Ton use any
such language that In this connection A. No, Sir he
did not it was in an entirely different connection.
Judge Neison-Let Ii stand.
Mr. FulertOn-I understood your Honor 10 rule 1t out
Judge Neilson-Well we will let IL stand
Mr. Shearman-That is all, Mrs. OviDgton.