Year: 1875

Mr. Fullerton Especially they were rejected


Judge Nelson you say 1t is materialf
Mr. Evsrss-I will consult with associates Your Honor
,ees the difficulty where dealing with material
snd important Of people in litigation cannot Of
sou, always degree courtesy and cons'dea
sOn would glad do in reference to third persons
that yeur Honor well Of that have
any experience the profession OF course your Ho1or mas
had experience and the bar and Ak your
ooe knows do desre press inquiries that
they do regard material ss affecting third PEI
satisfied with the condition Of the matter
passing between this and Mr. BeeeheE, &c hsanss
now.


Judge NeisOnI purpose allow 10 take the re'to ~
interview because much Of has been gwen, suggesting
yosr consideration the prOpney Of leaving out hs hA
Of that third person.


Mr. Eyarts-Well perhaps we may do that
Judge NelsOn-You can come TO al end in that way you
know.


Mr. Fuleqtonwen don't know referring the propy
ETY. Of that upon the other side mis-
Improper IN your Judgment then would respectfully
ak that your Honor Judgment should be carried into eject


Jadge Ne4lsoB-I generally try to do that


Fnlerron-I that your Honor generally
do that and that your Honor generally succeeds
also and be improper give the Of the third per
then ought be shut because would not make
any less improper that referred counsel on the other
de for their judgment in regard TO it Your Honor Will per
eeie this conversation part Of which they have called out
referred by the witness his direct examination


not therefore rule which your Honor has sng
gested part conversation called for by
ourselves they have right to the balance Of H. II h Do tAsI
case


Judge Neilson-No.


M Pulcrton-Put Il is q Quesu % where they call for
another conversation upon responsibility and hence


is collateral they dispute hereafter or dpoVe
hereafter


Judge collateral unless took the form Of IN
ETueion IN regard 10 the use Of this money


Mr. FuEerfon-Well S it does not take that form Let ne
jus the thing stands: they they prove by
Mr. hOuton, that certain occasion he received from
person whose has not been made known,
letter containing draft and check with instructions 70
Of The Golden Age and that Mr. Tlton
SAD be would have it used for TIE 6Olden Age


Mr.. Eyarts-He has not said that
Nj Fullerton-And he asked whether not he
showed these papers Beeche and he says that he nd
Then asked the Of the person attached
letter conversatioDi His in the
Affirmative and they call for that name Now that is the
question before Court, and anybody see that
thst becomes material in this controversy II is collateral
matter they contradict IT, Even the name shonh
be given they could produce The person for the purpose Of
showing thai it was untrue.


NJ. Eyaris-That Is not object


Mr. Fuertonis purely collateral and therefore they have
night They may have right the other part Of the
conversation nasmueh part been given your
1onOF has suggested but when giving evidence Of collateral
batter your Honor has right stop them especially in


question Of this kidd where they seek 10 give the name OF


d earthly connection with this controversy
and who ought be drawn into 1t at all
Judge NsOn-I think the learned counsel was accepting my
suggestion not 70 exact the name.


Mr. EyarsThere nothing collateral about this Il is not
brought in mpeach the Winessnot IN the least II part
Of the direct subject inquiry just Whai you gave
evidence the subject OF inquiry.
Mr. Beach-That deny, your Honor.
Mr. Rvarts-I know you deny IL it collateral How
conversation day collateral and day specific can
understand


Judge NelsonWell You can exact this name Do you
ask him give the noti
Mr.. Tracy-NOt at present
The Witness-shsl give the conversation


Judge Neison-Eyeythng except the Of the person
who sent the papers
Nj Beach-Does your Honor the declarations Mr
Beecher may made that conversation other matters
than the $500 is admissisei


Nj Evarts-when that it will be time enough to
consider H.


Judge Neilson-The inquiry relates TO the 5000


Mr. Eyarts-Of course it does


Judge Neison-Meantme you take exception. Go on,
vitEess
The Witness-shal give the cOnversation' ,
Mr Tracy-Yes emitting the name.
Judge Neilson-From the point where you dropped IT,
O. You recoec You left it of you say that told
Mr. Beecher Mr. Ton would not accept that money you sad
You would discount that draft yOu showed him these
papers did you say Was there letter accompany
ing those papers A think there letter, Sir, accom-
psnying those papers.
O Was there currency also encosedi A. don't think
there was Sir
O Now 20 on and state what occurred-wha sad' A I
ssjd 10 Mr Beecer that had spoken M Tton about this
Kf anc that Tton said be could not accept it. that he
bad returning the money that he knew about and said
Also 10 Mr. Beehc could honoraby take this money
hom this person apply Mr Tltons use without in
forming him and did not how thar money could
Be used therefore That substance Of the conversation
Sir, a. nearly as ] remember it.
Judge Neilson-Now you whether n that
eon you said to Bcecher showing him the papers This
r. friendship ihfeed something Of that kind
Mr. Tracy-Did you any remark characteristic Of The
mode of rendering fundi A think said something
about its being an expression Of friendship yes Sir.
@ Can YOU repeat the language that you usedf can't
repeat the language that used; no. Sir
4 Wash IT, IN substance Thls IS friendship, lndeedf A
40. il nOt in that shape


Q Repeat substance Of it, you CAM A have
Sir.
O You can't do it, Well now, that money received
AM used or was II rearned1 a No Sir, it Rot-t
not
Q No par, Of it received
Mr. Fullerton-Just moment.
Judge Neison-I gone far enough with that
M FuIlerton-The answer full-"Was money
received or returned - His answer s at net"
The Witness used for The Golden Age
O II was not received returned Yes, Sir;
turned il myself
o Hsd you any ak with Mr Tlton about il A Yes Sir
/ had
O. What was IT, A ! told him Of the offer OF this
ssry the request Of this party TO let him have
this money. my recollection Is that there was
q caution The note itself not TO say anything
about -not say anything about TO Mr. Ton but could
not eve my opinion without telling him about IT,
and told frankly who the party and what the amount
was and certainly could take H. he had way Of
returning the money loaned him, given him.
and he could not do it in that way.
@ Wa the party known 10 Mr. TiOn' A. Yes, Sir
@ Known 70 Mr. Beecher Alsoi A Known 10 Mr. Beecher;