The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-07

1ilton.
q. Was any account rendered Of these expendl-
tares A. don't recollectanY,
q. Dd Nou Keep any account or memorandum
Of these various accounts or payments Ia the ag-
gregate? a. dont tainN ever keot an account
of anY moneys evereNpended Dy me on me e1rtn,
ana certainly ota not make al exception in THIS
case.
q. In connection with thls conversation about
money ana gbaus the mortgage or Otherwise was
anythin4 sald between YOU and MouitJn ABOUT
II Ton going io kgrQpet A. on nothing serious
remember the subject spoken about among the
many other snbIec referred 70 IN connection
q. What dld aouron say upon that subjectY A.
| can't recall what he said except ! 90 recollees
the subject coming up and beng talked aDouf,
but what was said made no Impression upon uy
mlnd.
IN February there i'm occasion during the ln-
teryiew between Yourself ana illton agd Mrs. M
aud misery, and YOU burst INTO tears? A. / can't
say; will not say ga not; made
In my memory: certainly cont link the inter-
view was IA very hopeful or reassuring one ; don't
recoIlect the occurrence you refer TO- -.
sucn occurrence, Just before you elt the house az
the close OF the interviews n. Why, sir, the last
thing we ala on that oc aston
WAS 10 KIss ALL THREE ROUND;
didn't burst into Tears Tor mat. (Lluanter.)
Judge Nelson minated 70 witness, through ms
counsel, tuat the answer called tor by the ques-
ton would be better gwen by tue simple yes or
no witaout interfering other matter, aud would
conduce TO better order IN the court
q You men'ioued IN the course OF yesterdays
TOMS house wltn MRS. II ton, aud taat you were
alone with ner on that occasion. D. You recollect
al the circumstances 81 taat interview A. res.
q, AND. as You STA ed 10 was as near as yoa
could recoeet IN The latter part o. the year 1871
4. mat wa my impression.
q. Now, now ala tnat III erVlew take place A.
1 can't say positively rom my own knowledge;
nave only an impression tnat was sent Tor.
o. Ana sou wenG there and FOUND her there A.
Yes iound her alone.
al thar visit =
roSc nrsrrssrnS
mere ensued between counsel and the Court on
the question whether the occurrences In the IN
lerview should be admitted. Mr.. Eyarts wanted
10 show what occurred In order 10 snow exculpl-
rlon, as the plantin had SHOWN accusation. II the
evidence was suppressed IL was a hardship for
the defendant Tue Court ruled that counsel
Tor the defendant could not prove the acts OF
the parties 70 the interview without al
uniting the conversation. lie thought the
plantin had been areaay quite liberal in
the admission or testimony Tor the defence.
Wnile the big bell roled It's peaceful chime Beach
spoke, and his eyes duated and ms voice
gradually rose as step BY step ne went on
with the argument that the declaration OF an
adverse party could not be given in evidence.
"Shoud Beecher be allowed TO manufacture ex-
cusatory evidence ~ Beecner looked asEance
at Beach as he spoke. Occasionally ne looked up
at the clock, down at the stenographer and over
ut the foreman OF the jury.
Beach was very powerful ia MS pea. As pam
as two and two make four. ne made clear the law
Of evidence. showing that there were limitations
on the law Or evidence, and mat private acts be-
tween Mr.. Bescher anu Mrs. Tton OF when they
rna nlo,n+,e, ma ~ knovtedoe conln not 10 IA.
mitled unaer any rule Of equity or law. Mr..
Beecher hung his head part OF the time. Beach
continued speaking.
THE COURT RULED,
mated a. tue carrier stages q TINS case the cor
MN ather nart aus nra aemeG
admissible. They seem to be introduced by the
piaiuun 70 s9ow We harmony o. MS nousenold
a ouS on The other mana eonaly ne Ge
tendant - ut nperfy 10 SHOW py Observation-Disclosures
anu ~ P nS " pe ~ ouenSe
holl, ali III whicn noes rs tue question whether
me niatnfid snrereC nuch aamaoe: and az I
nave On more ma one OCCASION InfImatee. that
class al ouesrIons ooes rO me question or
damage: rstand thst 70 bs me law
ro rs % aun o ~ IL ~ rareSsd
SHOWING the coadlrion OF the household the plain.
ana conversatlons subsequent 10 the alleged
oilence the Jaw makes the marked distinction
and Tor obvious reasons But sum- where the de-
iendant Is charged win I'M proper coaauct alleged
10 nave taKen place in Octoner ! tnlnk he IS at
liberty Ia reference TO auy Interview wlGh TINS
lady AZ auv time "a state wnat occurred and 10
be- inaerroaated a. 70 what did not occur and per.
mans tnp general state ment woulq cover IL: but
cannot Zee Ihat the Conversation can be received.
'rnera Il no rnle tnat kuow on trat would aunt
III AZ Tor examDIe wnpn n vile abandons her
house ana derermt les 10 I'VE apart her declara-
lions a. the tlme OF leaving NAV be received as
evidence IA ner favor 10 snow way sne lett: bat liz
4 because II Is part OF the acf-part-ol inc res
pe-tp Ia tnis case the legal polnt ~ not 40
pearu
49, 80. -. J, - .,,oe,, or~.r,,o.,. a.,
4us Saa-e mus feLJ OaAe4 - suuaen3' ~
words were listened 70 With profound attention.
Moulton sat beside Tllton well pack among the
,a.,.. 49,. .,,.. s,..,,,, ,,ot,. 80 vr,,r..
- - . 49, -
noticeable Noulton i neither Young nor old He
, ,, ~ . 80. '.,.-~., ). !.
neither red nor Drown nor BLACK nor auburn. IL Is
worn as rev other human beings wear their hair
ExAMNATIoS RESUMED.
" ~ you re nO4r VIVA. TINE 81 the uay the
Oh Was the occasion oI taat interview suggested
TO you, o. suggested ~ you Z A. II was suggested
70 NE.