The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-14

" required some observation from ME Dy way OF
/ reDuke. III the lady had been under examination
by me IL would OF course, have Oeen q very differ
ent matter; but A. IL was she had no occasion
ana no right TO address me IN = pubic court room
| In that KIND OF way. calling me by name and re-
peating her answer In manner which was very
/ Judge Neilson-I am sorry 10 such an article
appear IN the paper. remember the occasion,
and recollect II as the counsel states 1t, and
regret that Mrs. Ovington should have at the mo-
ment so far forgotten herself TO make the re-
marx sne dld especially ~ the counsel was not
Mr.. Fullerton she undoubtedly discovered her
MISTAKE, because she apoogIzed In moment and
her apology was acce pied.
Judge Neilson-The error OF the article goes
back beyond that. wan you be kind enough TO re-
Mr.. Fullerton-The language is this :-''As usual,
the Beecher trial was enliyened Yesterday by
Judge Neson--That VIII do sir. | consider That
the onensive part o. the article. The reference to
| Mrs. Ovingt0n no doubt proceeds IN a measure
! from mlsapprehe nsion-lrom the suppostion that
/ perhaps you were dealing with the witness at tue
| time. The assertion tnat the proceedings yester-
day pr Any other fay have been charac:erized %
any bla6kRdaFdlsm is an 1npardohabe offence. l.
/ IN one way and another during my experience
! here ana al the bar nave seen very many notify
contested cases, civil aud criminal but have never
seen case where counsel have treated each other
/ and treated witnesses with more courtesy and
circumspectlon than In this case think the re-
marx OF the editor OF that paper was most un-
pardonaDle offence and calls for an apology.
Mr.. Eyarts replied to the effect tnat ne did not
think that Mrs. Ovngton intended any afiroRt to
him IN what she said and ~ must be regretted
that there was an occasion for her speaking again
IN repetition OF her answer, as a matter OF ey-
dence; but she was drawn into it by Mr.. Fuller
TOMS position and by his expression ofcountenauce
wnIle preparing for crosse xamlnation.
Judge Nellson-The act OF Mrs. 0yinRt0n was
accident tai, aud quite natural to person
much accustomed 10 proceedings In court, and
think she mas been treated very properly ana
with courtesy. But for the mention OF the circum-
stance in the press think we may pass IL over
satisfactorily anu pleasantly. | don't think even
for moment Mr. Fullerton had wish to censure
her.
TESTIMONY OF CALVIN J. MILLS
ISt q W
ness examined, and IN reply to Mr.. Hill testified
70 the iaot OF having read wat Is known as the
Q. Mr.. Mills, ala you at any time prior TO the
reading or examiu alton OF that publication see IN
type tue substance OF that article, either proof
Slips or any other form, before November, 1877
Mr.. Beach objected, and the admissibhty OF the
evidence having been discussed al length, Nil
Eyarts hnally consented TO withdraw ne ques-
TESTIMONY OF II. G. BOWEN.
Henry c. Bowen next called and cross
examined bg Mr.. ohearman.
q. 10 you recollect a. the last interview saying
TO Mr.. ERgleston that Mr.. Beecher had told you
that an adopted daughter Of Mr. Tilton had told
Mrs. Beecner that Mr. Triton had taken ner s:rean
ing out OF her 0eu at nigntg A have no recOlcc
tl0n OF any thlng OF tue KIND.
O. DO Jou recollect, alter the signing OF the aro-
traton, gong with Mr.. Clanln and Mr. Storrs'
A. recollect going with Mr. Storrs; II Is probable
Mr. Claim and the Others may have been there
q. Do you recotect saving to either or both OF
them that you desired to nave the Woodstock
letter returned TO you A. said nothing what
ever on the SUBJECT; am positive did not tell
Mr. Storrs to look aiter Il; nothing said Tor
two days after tue arbitration on the subject.
TO Mr. PnneTtoGI aq9,t rec9se S the precise
before six O'CLOCK; went there IN the afternoon
aoOu: four OF Ave o'clock the interview was pro-
lonQed Tor some time; MIR. StoTrs called at my
once aiterward, ana said ne hsd some news Tor
me to the effect That ne was in possession Of the
then gave IL 10 me or went out and got *.
.. Was tnat an unconditional delivery OF the
letter A. ies, sir, IL was unconditional
TESTIMONY on REV. 4 RGGLBsTos.
Rev. Dr. h. Eggeston was examined by Mr..
snearman-slnce was last on the stand nave
author aud clergyman; am now clergyman: In
December, 1870; I bad some business relations
as literary editor or the Independent; lie made
appointment with me on December 20 1870, AZ his
house; was there twice on that day; nrst saw
hIm la the afternoon.
q. Dld Mr.. Bowen say 10 you, 'f1ilton is a. bad
as they say ne Is, ne mad told preIty plausible
MI Beacn objected ana the question vas ruled
o. DID he say he had letter from Mr. Tiltoa :
A. / think he made a remark something ike that;
l returned TO NJ. Bowen's house after dark was
called upon with reference TO this story by MI.
Ward; ne asked for IL, claiming mat he had \
rgnt TO 10 sold the story for 500; am pastor
OF ID and HOOKER streets; II ~ not Of any denomi-
nation.
10 Nj. shearman--l received no special pay for
TESTIMONY oF II. r. cLAPrIs
Horace y. Claim Wa examined By nr. shear
u you we're one of the arbitratOrs A. Yes air
- i,sr ~ th,s naner rns snh,,tssion a,d
s,ste whether YOU ever saw IL beloreg tHanded
~ .,,nass4 "A never 90 n natnre
~ We're Won INFORMED tn ADril 1871 Of the -
FAC. i, men ! napar A 81 -
u mi ,oa~ ee.I M goWrn sav he uroota dect,ne
y, e1y sfao. nle~s y nat - ~ 10 snn.,.t..d
49, naa an yritIuzy a 4 lid nat. there va An
,rrarvaI vse, tne arbftrafors were alone. 80 AN
,ant avysy tayether. ~ ms vay nome NJ 40 zen
atsesss.I sosac M - az no yov re q ooSst,.s
1etasr hut M ,of reeolecf a, whom, me ouest,nn
\. y. .''l,r.-.ed -
rrsT,Nosv - ca.Rr ~ I7oups
fn.r,cs 500 sxas ! animal - NJ Shearroan
IL ii ~ v..rs 80 aresenI 81 ths arn,fr.f...n ~
1s-S 4 ~ ~
a. ~ MN. M. manor heinv tne ,vrtt,en ann
rntNcstan al Uowen az, T,ifan ma st.te Nnetaar
$50, 80. ~ hs,,rcs ~ 80
~ IA a. Rouen 80 y - rnu,d dacl,oe "a IN,
nit auytning unless tae submission were put In
wrising a. 70 ~; ! 'eit ~ company WIN Ar
~ "a ~ Ssnm ,Iia IAN =. "a a. uout,on,.
r.,,.n ma crantuy