Year: 1875

|
| OBJECTED TO.
| Mr. Evarts-I object to that, if your Honor please
It inquiry to Of fact that occurred the
part his wife only asked him whether
| he made a certain answer, and he says that he did


Judge Nelson-We cannot take that
| Mr. Flerton-IIow, SIR


Judge Nelson-We cannot take that


Mr. Fueron-Wel Sir that proves that this witness made
use Of a certain expression before the Committee


Judge Ne-on-Yes Now you wish 20 back OF that 10
| conversation between Mrs. Trlton and her mother.


Mr. Fucron-I ask him II he didn't say and so-h he
didn't say a certain thing


Judge Neson-He says he did
Mr. Fuleron-Now have right to show why he said that


Judge Nclson-Not it involves conversation with Mrs
| Tlion.


| M Beach-Ddnt they bring tthai conversations


Judge Neson-In that form which the made the
answer.


Mr. Fucron-It "a no matter what form they made it
! they brought II ont, q declaration OF his


Judge Nelson-That he made that answer
| M FnIerton-Yes Sir.


Judge NesonI think that ustGes you to go beyond
| that and prove conversation.


Mr. Fueton-May not ak him how Elizabeth maintained
| her innocence TO her mOthcry
| Judge Nedsoa-I think not


Mr. Bcach-WAy noti showed your Honor the other day
that tha, confidential communication made ID ne pres
ence Of q ,hird person


Judge Neon-I think it IT, when It Is between the VIE ana
! the mother.


Mr. Beach-Therc is no authority FOR that.


Mr Fleron-A wife cannot make confidential cOmmuni-
| cation 10 her mother.


Judcc esonThat IL the way II IS stated in the answerl


Mr. Fuerton-Yes Sir: wanted vindicae herelf 70
her mother from the accusrcu t sine did anything wrong


how she dad lstby what mode OF arumenta-
| ion


JUDGE Neson-Mr Eyar suggests that they stand precisely
the same ar il Mrs Tton had been talking with third person,
not her mother.


| Mr. Eyars-n yonr Honor please, the point Is this.


am no, disposed think that between hus-
band and wife are confidential when the subject matter is
confidential mother happens be present don't
believe that the them otherwise than confidential
difficulty is deeper than that, have asked this witness
whether made not and be is to sy
whether he made them and II lie made them and
then said anything that qualified them, that
| s another matter But the fact that witness s thus
called upon say whether he has made statements whnhe
the result is contradictory Of himself and whether he denies
them or not they proved afterwards against him. has
nothing with the question approving what the facts were
in reality the whole point being what he sad and you don't
prove sad by either proving dsapprovns the Truth
! Of what he said.


Now my learned friend because to question
Of whether he did make certain answer which answer in
cludcs this passage: "She maintained to her mother my
presence that she had done wrong"-admtng that he
made the answer undertakes prove here matter OF
evidence, what occurred between her and her mother


Judge Ncson-That is how she maintained.


Mr. Evarts-Ycs What her and her moth
anything do with the question Of what this
witness said before Committee the least Either she
did did say do-say in reference TO her msher
the witness said Either that she did or did not not


proof here It Las nothing to do with the question
| Of whether he said So


Judge Neson-we the fact being that the said ro
and fact being nat she in certain manner and form
which have got now maintained innocence 10 her
mother the question whether they inquire how she
maintained her that is in what form


Mr. EvasThat the very point Sir Now does not tend
in the least Affect his statement before the Committee
the lie did state the terms to the Com
mitee Whatever said the Committees in qualification
reduction explanation OF the part OF the statement that
have given within the cooquidm which explains the
But nothing better settled than that when the
whole point Of evidence lie what q man said, that
| II does license the other party 70 prove the
| tfuth Of what he said by The facts concerning
which he spoke, because whether true or not had
nothing do with IT, 1t what he said 10 the Committee
Now, this is no. novel point OF evidence arises and has
been often decided until supposed that il well settled
admissible in corroberaiOn Of view Of what
said prove the truth and therefore argue that he prob
ably said isehood and therefore argue that he did
not say


Judge Neson-Tha the question here. The question
is here view Of his stating that Mrs Ton maintained GER
tain thing her mother in presence whether the witness
in what she maintained IT, assum-
/


Mr. Evarswhether ander the license OF my inquiry con-
eeng what he said before the Committee IL admissible for
them 70 prove the Truth Of what be said before the COMMITTEE
| Judge Neilson-No, the


Mr. Evarts-we concerning which he spoke, when
all my evidence ssd anything about the fact
all but simply his Now, It comes down as
think your Honor will see, the inquiry whether you
prove the fact il did occur, whether 1t
! is in mode or form your Honor intimaies,
| or whether 1t Ia the truth Of IT, The fact cannot
he inquired Of when the only inquiry on the other side has
been what stated 1t hearsAy evidence about what Is not
made evidence by any inquiry Of mine.


Mr. Beach-rhe fact they attempt prove Sir, BY this line
OF inquiry L. that Mrs Tion made statements In the
presence Of her husband 70 her mother, in which she
maintained her innocence The inquiry Of the counsel and
Of the witness does give the expresons-the
language which used by Mrs. Tton contains the con-
clusou the judgment Of the witness derived from what M
Tton stated her mother When the witness says she
always maintained in the presence OF her mother that
| she was innocent why that mere conclusion
| II is not giving the details Of what passed be-
herself mother leading TO that conclusion
Now question which propose to this witness not
additional fact circumstance conversation bat we ask this
witness explain what he meant by the term maintain and
how that Ms Tton under these circumstances main
tanned her innocence TO her mother The fact that we
are getting at the fact that will used against Mr. Ton
! the evidence stands will be that he declared
that Mn- Tlton did maatain her innocence. Now,
/ in TO that, Sir have right to know the
particular and of language and expression
which Mrs Ton used conveying that Impression and con-
cuson the mind Of this witness which he expressed 10 the
Cammittee that she thus maintained her innocence Now
proper think where the coanse by question calls
conclusion which b. founded upon the declaration
| of q party, that may get the precise dccia-
ration from which thai conclusion is derived, and
that Is the precise mode OF examination which we
propose purse and the psecse object which wish
reach Their osscet and easct Of this svidsaee
sasw thai NJ Yssa ksascd tss his vie did lhns