New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-22
THE TILTON-BEECHER TRIAL,



Mr BsacA-My learned friend suggests that we do not
.ss apparently to stand upon the principal objection
vAA 10 have hitherto made your Honor against thia
pspsr am very free admit the ST. for the
pass> Of discussion, that the paper in the handwri
ing q ~ Tilton-
Jaage Nenson-wen. then the question is whether we
~asif receive Il until We hear whether IL is material
TIA u M point
Mr. BeAch-I do not admit, Sir. that that paper was
srsasforrsa By Mr. Tton this firm In company with
tAs check. that this memorandum relates TO this
check or the transaction indicated by this check any
ress snd that defect IN the proof upon the other
.ide which at present 10 msuperabie. But yet we
mean ~ insist % your Honor that even IL
il shoald appear that this paper was delivered by
Mr. rton in company with this check 1t nevertheless Is
,mmstersl and incompetent evidence; that whatever
Mr. rton chose TO do with this check or however he
might choose to characterize that instrument to vim
csts te nature quality source object Of the money
~bch represented by that check, b totally inmate
RAJ 10 mis- controversy and when that question shall
.ss Why. may perhaps desire to be heard further
upos Bat sufficient for the day, Sir Is the evil thereof
UBta they connect thts paper memorandum with this
cbcok In Its transfer by M Tion to this frm 10 lie totally
iaseppetens evidence.
M Evsrs-I cannot imagine objection to my right 10
pcve hss when IL 10 sdIatet 10 be in Mr.. Ttons hand
writing IL then ces from him; the check comes from
I'm a. he ts testified and the check and the paper are
10 e aAs Of the m and handed to the cashier ut the
Ia si,ne Now, how material and what tho moral
,,scos between this paper and that check is, must
,spssr and be Judged Of by the jury when the paper
calf IA read and when the internal evidence Of the two
..s,rx shows that they were attached together. ~
~, Rasoh-It by no means follows, your Honor, be
,.ass r Tnton have said or written snythng upon
a., bssct that IL s admissible evidence in this case
rs snnsc says cannot imagine an objection TO this
o.,sr when it is admitted tina; 1t was written by Mr.
rIsca-
n. Eysrts-I cannot imagine after you have seen it.
Mr. Besch-I am quite willing the Court should see it.
NJ HvartsIt does not relate to horse race; counsel
NOV hat
N, aazoh-yo Sir know Ii does not relate TO horse
rSs
Mr. Evsrts-You know II relates TO this matter
Mr. Beseh-weD that would be rather violent asser-
tan think 10 IL in connection with my learned friend
On. ,urrrston coming from him that not dealing
With bor,e races. This paper. Sir relates, / sup
p,.a from what I of ii, 10 an indefinite
thnx designated by single word "hether
II relates to money to material thing
rsetaes relates TO check bank bill. or any other
.rcs Is not apparent from the paper. True, grant
thai n there was anything in the paper itself as con-
crta with the general evidence in this from which
Amy might be allowed 10 infer certain association be-
tween IL sud any transaction in the case why
than would consider that 1t would he very proper To be
amised by your Honor to pass to the Jury But your
Honor the primary judge of me competency ana al
instability OF evidence, and when an objection ~ raised
species il Is the prerogatve and the duty
Of your that II has material connection with
N. asxntia issues IN the case Now here is scrap Of
p.per having no definite connection. far as the evil
asucs goes with any part clar transacton-lavlng no
posse relation far its terms indicate with any
Transaction between Mr.. TtOn and MI Bowen. deela
ration IN writing which may relate to thousand imma
trA things not az all connected with this issue with
I'M IN IN Inc
Jury construed and applied the jury may incline
Row submit, Sir, that il becomes the duty OF your
Honor this instrument shall be permitted to pass
a the Jury 10 he satisfied yourself IRON the complexion
the paper its contents, It's subject and the evidence
IN ths sase whether ii is material and competent.
Judge k-ii-onThat is doubtless There is no qnes-
aoa sout that. suppose this examination covers all
roo wish with this witness.
Mr. Evarts-I don't know that. Sir.
Jadgr Neison-H something else Is proved by some
yu- sise you viii perhaps be- in position to offer
bs paper
writing
Juden Seiison-So am not sIeaking about that i
an speaking of the last objection.
Mr. Eylrts-NOw then. IL stands that this il Mr. Til
or. handwriting and IL with check that bears
M Tons Endorsement the whole history Of which has
essn gwen But II your Honor will remember how Mr..
xspson introduced the subject of the threat OF Mr.
HIN
II Judge seiIson-Mr Pryor. will look at IT,
II IPsper handed to the Court
NJ Evarts leontinuing-And all the other evidence
hat upon the question Of whether this was an ex-
tnon from Mr. Bowen 10y the pressure Of this influence
And now Mr. TIton. having got his money and sending
AShs soadutor Mr. Mouron, sends that CHARACTERIZE
Il ssss Ihe source and the quality OF the fund.
Jsdsr seison-we Sir, you may read it in evidence.
Hr Evurt=7 Reading:l
.sposs from new friends for the enrichment Of old
ii Marked Exhibit d, 134
II Iadge Neils0n-Proeeed. Sir.
M Evars-Now, gentlemen OF the jury, you viii see
as tn puholes Of those two papers completely CORE
/ Sosa
Judee Neilson-That il generally the case when two
psssrs pinned together.
II Mr. Bysrts-Nothnq has been said about their being
passd together, II your Honor please. as yet
M. Beach, think there When You say the pin
h. correspond, 1t s strong intmati0n that they were
4 Pnn@d together.
Judge Neson-Yes; well. matter whether they
sers not think in the end can instruct the Jury
sAsi this means We will proceed now. 1t is one Of
ass remote tbings-coIlatersl things. We have gone
o'er tsc Woodruff d Robinson account
NJ Bvarts-Your Honor's instructions are not to be
/ rye now
lodge Nelson northumberland the arbitration
as over the award until my very soul wearfed with
\ am
M Bvar,s-I do not wish to argue this evidence with
fsaf Honor TO the jury
lsdse N-son-No SIR.
NJ nvarts-Nor can except to your Honors in
Suetlons ~ the jury, because they are not given.
Iadg. ses,son-very well do not give them. Any
ing more with this witness, srl
| H. Evsrts-Yes Sir.
l Isdgs Nelson-Wel. proceed.
xrR varts-Before you received thu check aud memo
rAnasn. Mr. Partridge had You known or heard any
hing Of what Mr.. Triton going to do II Mr.. Bowen
| ID nat pay hint