New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-06


Is tho only thing involved in my question.
Mr. EvartsThe case, II your Honor please, does not
seem to arise upon this The conversation between Miss
and this lady Mrs. Bradshaw, Is OF course ev'
dencc, Of itself not admissible, not bearng-n0 or ina
quaty-hearsay evidence, whatever passed between
And has tendency To prove the fact that ~
stated between thcm any such fact stated That
We will start with Now, Miss Turner was asked chs
ouestion-slc seems to have fixed visit of the 18th of
December, the only date see here, Mr. Fullerton
Mr. Fullerton-Yes Sir sho don't positively fix II on
that day.
Mr. Evarts-Well that is the only date that ia named.
Whero is this first question to Mrs. Bradshaw Your
question starts of, Now, what did yo tell MIS-
Bradshaw If anything to the charge which Mr Tlton
had made against Mrs. Tilton and Mr.. BeechcrT
Mr.. shearman-LoOk on page 500.
Mr.. Evarts-This Is page 800 what part OF itt
Mr.. Shcarman-The second column
Mr. Evarts (reading-" Now, Miss Turner. will You m
kind enough to tell us what you told Mrs Bradshaw
That il the second column of the 5O3th page
Mr.. FuliertOn-Ycs, Sir
Mr. Eyarts readiRg-"A. will as near as can recois
lect" The witness says: 81 told AIRS Will -
near "a can recollcct, Sir told Mrs. Bradshaw.
think about his having knocked me down and saying that
trpped and fell and how he had acted and that he was
very unknl - Mrs Tilton that Mrs Tllton was erytS
all the time and then told him about mysef-it should
be her" suppose. "That il as near as can recocct
O. Tell us what You told heli A. told her that he Lad
offered to ruin and that s all sd about H. as ~
O. You did not tell her the details theni A. Oh! no.
O. Did you tell any one of these persons on the l4h "
December if that he the date, the details OF what 90
Cured in your room between Mr. Tion and yourself az
you have related it here substantially A. No. Dir;
think not.
Every dato is fixed the 18th Of December concerning
which Miss Turner was inquired about.
Mr. FullcrOn-No, beg your pardon
Mr. Evarts-Wel it is the only date claimed" Or
prior the 18th of December II that were the date had
told anvn A | had I'D MIs, Put
nam at Marietta" Miss Turner starts with the l4th VI
December being tho date concerning which she was
speaking what she had told here and far as caa
see the only There is another date nanod butlct
ont Then to tho bottom OF the 5lOth page. APP
parently renewing this inquiry. Reading:
Q. Now what did you tell Mrs Bradshaw. II any
thing to the charge which Mr.. 1on had made against
Mrs Tllton and Mr. BE ol,rl A. never said word to
Mira Bradshaw LIVING soul about the charge Mr.. Til
ton had made as to Mr. Beecher, suppose
q, Was the subject alluded to IN your converse IN
with Mrs Bradshaw A. No. Sir never said word
about it
@. 10 you confnc that to the 18th Of Do
cenber when you visited her. do you mean % DO UNI
derstood saying that you at any time told Mrs.
Bradshaw thing whatever in regard to the charge
which Mr.. Titon brought against Mr Boecher and Mis-
that never told Mrs Bradshaw anybody else about
this charge that Mr. Tlton had made about Mrs Irtcns
cIiminality with MIR. Beecher
Mr.. Fullerton-Now. you get rid Of the litb.
Mr.. Eyarts-Now, Miss Turner's declaration that Mr..
Tton had charged Mr. Bccchcr or his wife, or both.
would be evidence in ITSELF and cannot be- made evil
dcncc that is what they propose to show suppose
from their introduction of the sljccD cannot be mazda
evidence by OF anything that has passed IN a
examination of her. when witness has spoken within
the merits and has given evidence that is good in chief
then extrajudcal, outside declarations not undcr
oath to tho contrary If there is proper foundation laid
may be brought in. But when the examination in
PRODUCES subject that is not evidence cannot be evil
dcnce per Sc it is not made evidence by Its being
introduced by crOssexaminatiOn far
10 no sulip NJ a. finn fOu
tho witnesses concerning anything by
which your crOss-examination seeks TO impeach
Them and there is the end Of it IT, on the merits of tho
issue and respect to evidence that Is itself admissible
you ask tho witness whether she has not made contrary
statements court and follow the requirements Of
the law then you contradict the issue; but when.
passing from the issue, you strive to make the wnrss
say whether not she has not said and so, with
view of affecting her credblity otherwise you take
her answer and you do not make it evd in chief for
the purpose of contradictng her by such transao
ton that you do make it evidence in chief so tat
Won have right out of court TO tho
contrary OF her testimony.
Mr. FullcrtOnIt certainly became important upon tho
examination Of the witness Bessie Turner to ascertain
what said to these four different whom sho
named and with whom she communicated as she sup
posed on 18th OF December. although she does nos
fix that date with any degree OF certainty in her owm
mind Your Honor will recollect that she said she
started morning OF the daywhatcycr day 10
purpose OF communicating with these fouA
individuals and did communicate with them all that
day. with reference To the matter then in hand She was
asked particularly, upon the direct. whether in her COM
muncaton with Mr.. Bcecher she stated To him thas
Mr. Titen had made tho open charge In her presence
against his wife OF adultery with him Mr Beechef) ana
she sad that she did not She asked then whether
she communicated that fact 10 Mrs bradshaw and TO hs
other witnesses-they all named In the question nj.
dressed To the witness and designed to call OUT thae
answer-and she denied 1t she stated that she never
communicated 10 any OF them the fact that Mr..
ron had made this charge against his wife. Now. -
oomcs important for ~ show that she did communi-
cate that facthat she communicated 1t to the witness
n the stand and by Inference II she told the same story
n the other Witnesses that she communicated tho
same fact them Mr. Beecher being among tho number
Now your Honor will perceive that this bears strongly
upon the issue this We do not pretend that "o
prove the truth Of what Bessie Turner told by proving
that sho uttered these words but we do provo tnas
Bessie Turner denied the truth and told folsehood "hc
she denied having made these statements 10 these WIZ
nesses II is for purpose OF impeacMng that wthos~
and mpairing her credlbty that Is tho only oheet We
have In view Now your Honor will perceive that whe
she does not limit time ~ the lath Of November sns
that visit these people all on the came oys
and went narrated what abe told them severys
but denied In each that she communicates
the fact that the charge OF adultery was included aus
the charges which Mr. Tilton made against his Wife