New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-21

Mr. EyartsThe whole Of tS A No Sic: AnI especially
| OF one specific case" Ny recoIlectlDn tells mo-
| Mr. BVarts-It Is only question 10 get II right
Mr. Tracy-Your recollection nov Il ths recurring . whh
he had told you the evening of ,ds Gh about having yIs
pshized with Bowen and taken sides 'ga'a. Tnton
added that he did 1t account Of ines; stories rgBrf
certain A. No; that on Jao Isl he spoke u ts
"one specific case" no spoke Or specific casa
Jan. lat
q Now didat he on tina ey,alag OF the sis 10 s,eins
OF that same thing offer 70 erte letter % xr Dowe.
taking back wh. 10 bal ra.,,d TO un "a On the
| evening Of December 8i5t.
| Q Yes A. No air
| q That occurred. yoa SAY. ~ - We. SIR
q When thai he showed yDI dsfs ~ i,tsr FOR
that purpoae-hs he proposed TO write Bowen 10 o1c What
he had said shout thar A. II eslcr house Ian
uary the % or at nay house after JanaYry he 3D.
q Nov, do you mean 10 sag ma. ths Letter. rough Inn
IT, not shown you either the evening OF The 3s
the evening OF the +. of January A. Yes Sir don't meas
to say it not on the evening n on the eyencs
Of the lt; it either at biz hOuse IN, ID o. J4aIJ
| nay house after the ID Of JsnusTy.
q Thea that part Of another oonYes,aoo ma ha5 %.
| mixed here Is ~ A. What Is 9,si
| Nr. Bcaci-GOt mixed gliotct
| Mr.. Evarls-No macr---
| Mr. Bcach-Ycs, it is matter
Mr. EvartsLe him refresh hmsef 5,'D- yoI AZ bin We
want the facts az they
q Did he tell you that cTcnls a. an time,
Mr Beach Whist evening"
Mr. Tacy-Eihcr The 5is o. tho i' and II ~. waich U
the GOTH that Mrs Beccher himself had been expressing
great sympathy towards Mrs Tlton aud taking a" aoi''
interest With her against her hisbud' a Vince !, 1ba
SIR
Q That on the page ' after Tho .ignsiure "a
the spoke to him the evening Of poconbo' nst
about certain thai Theodore 1t0n had 0f mo b,, Mrs
circulating against him and 10 the beat OF tec
lection Mr. ecchr said th, Mrs Beechee received os
information from Mrs Morse WAC size believed 70 be daagr
woman aud yet her emily Theodore T'On sas such
thai $40 entered Hto sympathy, and he olmphiled hunseu
with those stories.
O. When DO you say ihsi the 3is' 4 Yes
O. Now what those -tpd,, which M B,eohr isi -
ceiyed and with which she aud SIR Brcchcr symPshzed'
| | don't remember Sir what they were
O. Don't remember any thing about them A. 1Da't re
member Sir now Sir don't r.oOicct Nhl they were
O. They were mentioned th-y not, A hinE 'heI
mentioned subsequently do not think they were inca
| toned that night fully
O. Was the nature Of diem spoken 81 A. do NOT
Der that the nature Of thcm VS. po.ca OF the nshI %
! Dec. Sst Sir.
@ How were they referred to- A. A stories iojarioas
told Mr. Bceeher the stories that Triton had tod mc that Mrs
| Beecher circulating against him.
@ How did you describe them A. think a. inadeues
| / think may haze used the word lnadeiiiy'
| @ What else did goa sayl A That IS ST hs: reeoea
now
O The inddcties Of whom A OF Mr. Triton.
q We're names OF the persons mcnoncd' A. No; a,
| names mentioned that night
q No names mentioned that night a, sil' A. No Sir
O. What did you say NJ Beecher about those stodcs' A
| told him those stories ought 10 be stopped.
@ What else did you say about lhemG A. tdoa remem'S
saying anything olse.
Q Did sou tell him that they ongh 90 b. stopped because
they were fa,e' A. don't think said thai they were false
Q Did you anything about their ruth or a's'ty' A
don't think did
O. Did YOU moan that Mr. Beecher should understand yos
saving that should b. stopped even they we're
| tue and You beloved them 70 be tme' A. No.
Q Well then ddnt you say that the stories were untrue ana
should he sOppcdl A. No. did not on that OCCASION dea'
| remember saying that they were untrue
@ Did you say anything the subject whether they wers
true not! told him that those stories ought to be stop
ped That II s thar remember having said an giving al
mat remember
@ And gave no reason wsteyer Why they shoad be stopPedt
A. / don't remember that did, Sir
@ Did you Intend to leave an impression on Me- Beeeseta
mind those stories true! A. No, sir
Mr.. FuiertOn-I object to that.
@ You did not A. NO Sir
Mr. Fullerton That Is form OF question very reqnehW
put, and il improper
q Did you intend to leave upon his mind an impression hat
You believed them to be untrue!
Mr. FucrtOn-I object to that
Judge Nelson-f said ans thing the subject he osa
speak; Otherwise not.
Mr. TiacyThcn understand your Honor US excluding tho
question.
Judge Nelson in that way he said anything on the
subject he speak about IT,
Mr. Eysrts had think Il Your Honor please, this
speakng Of conversation took place four years be-
gins by saving doesn't profess to give every wordof
course and hatbut to give the entire purpon OF IT.
Very well Now A. pupo that he undertakes to give.
We canot exhaust testimony by saying Did you uss
these words" o those Words but Was the purpon OF
what YOU said 10 such 10 leave impression on ha
mind that stories concerning which we're talking to him
were or false"
judge Neson-That would be proper calling for some
thing intent aud construction, because Woas
cover words that were used 0 might have been used
Mr. Eyar.Was the purpor of what said TO him such a.
to leave his mind the impression that you thought taoss
store. true, that You thought they were not
Mr. Fullerton lie has already given the purport
TudS> Nclson- think has; bu, think he snswerh
Mr. Fullerton. j. jury ~ be The Judge OF the intent
from purport F>~-.,
Judge Ncilson-I think 50.
Mr. Fulcrlon-I seems extraordinary II hey have right 70
90 through with long IamRaon Of this witness As TO
what the pnrport Of his language and after that
20 through and ask what intent he had in ueiny
IT, and whether produce such result upon the MIND
~ the listener Why, IL your Honor please, the jury are 70
Judge OF the intent language itself the purpo ofh,
AS ai,eu by the wtue,, IL is great waste Of time IN my
Judgment. a. well a. a violation Of the legal rule
Mr. B.ach-It more than waste Of time your Honor.
Mr. Fullerton-Ye, Il j. an evil example.
Mr. Bcach-Your Honor will permit to add this Observe
on Where this witness unable 10 give the language OF
on To which his attention directed IL proper to
ask him what was Of wha said upon tho
OCCASION Th, question goes further asks not only what
WAS he substance or puIport OF the conversation but n
.,ks the witness give his judgment opinion whether
ua, pirport had the effect Of leaving upon the MIND
OF Mr. be.e certain impression. Nov" thai uurng the
Of the Cou, Ia, Jury IL s not for this witness
10 sa would be the oppression the eject OF tue Ian
euag or the u the language given, upon the
bearer That the juy -sy aud h il that part that
feature of the question that respectfully submit the obiec
ton lies