New-York tribune., 1875-01-23

paper
Mr. Fuleron-No Sir
Judge Neson-How anything this woman couid say 0''
possibly affect the issue here, cannot conceive.
Mr. Evarts-lt is subject Of concealment WIN MI Nv
That article is the basis OF voluminous teslhon' o ~
of this witness "a to what took place between nun anu ~
Bcecher concerning It, 1t is one OF the charges
his action towards suppression OF what hs arce
AZ evidence Of hia guilt In conceang It, Now, the oes evil
dence a. there insisted to what the article dd chage
was that the article should be Produced and your Honor 80
red and the counsel said he would produce 1t tomorrow
II passed over
Mr. Fuleron-f had produced as l promised 1t would
have been evidence only OF that fact that there was such
charge in the paper.
Mr. Evarts-That is al.
Mr. Beach-There was no effort to produce IT,
Mr. Fuleron-No not at all
Mr. Beach-I only svowI OF the purpose thst tne
plaintiff would feel bound to abide by it, II we chose
Mfr Rvarts-You with the examination OF the paper
Mr. Beach-Not as TO that.
Judge Neison-Not as to the contents OF It,,
Mr. Evarts-Your my learned friend quoted
right that that article don't prove its TRUTH but te article
proves charge makes and don't any other charges
and the way prove the charges makes to read the article
and then the existence OF these articles and hOr communca
ton to Mr. Beeche affect him with knowledge OF them ana
then comes the statements OF suppression
Judge Neilson-0r answering
Mr. Eyarts-Or answering and the argument is that Mr.
Beecher guilty because he wanted to suppress OF au
suppressing it Let see what 1t was
Judce Nelson-I think you are right ITO the planun
COUNSEL Gentlemen, do you produce the paper'
/ do not now ; ! have not got 1t.
Judge Neison-Counsel calls for IL
Mr. Beach have not got the paper that Is an answer 10
It. They do not trace II to our possession.
Mr. Morrs-we have not got it. and never had It.
Mr. Eyarts-Counsel say in the conduct Of their cause
"WeH we will produce it," Now, IL they say they have not
been able to find it, and did mt have it
Judge NesoRIs that paper in print anywhere In any OF the
documentsi
Mr. Evarts-I for these gentlemen to say They said they
would produce 1t tomorrow.
Mr. Fuerton-Yes, Sir think have seen copy OF 1t In
the hands OF my learned friends to-day
Judge Neson-Why not admit that and let passf Why
not accept that ss 1t the originals Would not save
timet
Mr. Evarts-Your Honor will remember there was long
Kamnson Of the witness to whether he had furnished
the information
Judge Neison-I think in much they refer to the article
and the conversation with Mr. Beecher given in respect 10
it, and the advice answering suppressng was the sub
ect discussion and consideration therefore have the
right to produce the article and see what 1t was
Beach-We did not refer TO the article We referred 10
precise and definite subject-a charge in the article
Judge Nelson-Supposed to be embraced in the pape'
Mr. Beach-Yes Sir it is embraced in the paper but lunder'
stood your Honor say consequence OF that reference 10
publication under obligations to produce and give
in evidence the whole article that admissible on the
one side or the other Now informed in regard to that
article contains good deal Of extraneous matter not bear
ing upon that question Of particular accusation which was
considered detrimental and which it was the purpose OF the
parties to avoid suppress and therefore hope your Honor
will look the article before you shall rule that the whole OF
| 1t can be introduced.
Judge Neson think they should be allowed to produce 80
much OF as will enable consider the evidence which has
been given
| MI Beach-Thst we have objection to-
Judge Neson-Counsel will exercise his judgment that
| subject
Mr. Evas-My learned friend must produce that article
1 Your Honor continues follows lreadingl
Judge Nelson-Tben you cannot do It. You must pro-
duce the paper produce the paper and identify it, you
Mr FulertonWel Sir we will go on then with the evi-
dence and introduce the paper tomorrow .,. :, ,u
thing when you informed him you had denied fay
three persons that he an impure man A de thanked
@ Now during these interviews between you and Mr.
Beecher with reference TO that publication where was MIS-
Ton A. Mr. Tton, believe, in the beginning was IN New
O. And When he returned did he participate any way A.
Yes present interview between Mr. Beecher ana
3 What took place at that interview A Mr. Tton said TO
Mr. Becchcr that he was not at responsible story Mr.
Beecher said he did not believe be Mr. Tton asked Mr.
told him he did exactly how 70 meet l. at that
interuewha is what said there told MI fion that
the stofy."
Judge Neson-And you be allowed to know what story
il was.
MI Evarts lreahngl:
"Mr Beecher said he did not believe he wa, Mr. Tion
asked Mr. Beecher how he thought was best to meet that
story Mr Beeche told him he did not see exactly how to
meet IT, at that nteviewha Is what said there told
Mr. Ton that thought was best TO be silent not to attempt
any reply to the story That the substance OF what oc
Then they went on to talk abouta which proposed
as an answer to paper and all this Of examination
that have read would been excluded upon your HOnrs
ruling and my objection but for the statement that they
going produce the paper as part OF their evidence
Mr. Morrs-That is mistake.
Mr Evsrts-I have read It.
Mr. Norrs-No doubt but your statement Is incorrect
Mr. Beach-The gentleman misapprehends and think, mis-
construes the evidence.
Judge NeisonThe only point whether can nnd and
produce the paper under the obligation that it to be put in
evidence and whether you not bound put the paper in
evidence view of the special rcumstancescan supply the
paper and put il in itself
BeschThe precise question presented by the counsel is
that we assumed obligation put in evidence the paper
Mr. EysrtsI did and that the examination went on only
upon that examination
Mr. Beach-And assert that every particle OF that examna
ton admissible in evidence in the absence Of the paper and
without prOducingit.
Mr. MOrrs-And the specific question was abandoned upon
which that understanding was had.
Judge Neson-Having given all that evidence In respect to
the paper after producing it, assuming you could do not
having given the contents they at liberty to produce the
paper and show it contained charges but on the contrary
is a mere advertisement OF a house for sale
Mr. Beach-oh certainly that accede to, IL that is your
Honors view.
Judge NesonThen II h mere matter OF form whether you
read ii or they under the circumstances.
Mr. EyartsI by means matter OF form your Honor
please part Of their proofs Not word allowed
proceed by your Honor in that inquiry which read to
except upon the statement Of the counsel that they would
paper and went therefore, the paper
here
Judge Neson-Asuming any way they cannot produce it,
Mr. Evars-I have any such evidence. l must have
some affidavit OF that
Mr.. Morris-weA, make your ahdsyits we don't want to