Year: 1875

Judge Neilson-Now let US see what the answer
to that is.


Mr. Eyarts-The only part is that want it
according the rules of evidence stated that Mr. Tton
had written what is Characteristic full statement, or true
statement something Of this matter which he proposed to
publish That understand the witness has sad and he had
It then there and the conversation concerning that paper
and its publication Thereupon Mr. Ton undertook to read
to Mr. Beecher part OF that paper, saying, III you
stand that part of the paper, you can stand
the next" That is what this witness has
testified Now, want that paper and the part OF
that read appeared in that paper and it Is not COM
peen ece out Of written paper by oral proposition what
the written paper the best evidence Of and what both Mr.
Tons and this witnesses hearing statement
by the one and hearing by the other Of what written
on paper and independent statement pro-
prosed Now myeaed friends either going to give that
statement in evidence not that part Of that statement in
evidence When they produce that paper will examine
it and consider the question whether the whole the part I'D
msabe the whole the part shall be proposed But
our objection is that the oral statement OF this written paper
cannot be given In eydeace unless the foundation fos it Is
sb6up by ,Sowing also the destruction Of the paper.


Mr. FuertoNy pr0pos.on, Sir is embraced in these few
words propose to show what communication was made by
Mr. Ton on that occasion TO Mr. Beecher do not care
whether originated in his mind whether 1t was read
from the paper printed written 1t makes no difference
What II was said to him is what have right to and what
propose to prove.





10 Mr. Beecher although the stated matter had been ncoO
rated in writing he needs statement-what read


Mr. EvartBut your Honor please he stated that he read
from the paper.


Judge Nelson-wen Il paper which proposed. II
docs not appear TO have adopted acted upona
perfected thing.


Mr. Evarts-I do not that sir your Honor knows
more Of it than me-
Judge Neilson-I say il does not appear
Mr. FulleI.on-You knew IL at the time
Mr. E,arts-That he had written paper which true
statement and which proposed publish How your Honor
knows was imperfect paper am sure do not under
stand.


Judge Neison-I did not soy knew IL said did not
spear 10 have been perfected think this witness state
ANYTHING which Mr. Tton sad to the defendant
sion.


Mr. Ryerts-Althoagh It writing from papers
paper; yes, sr
Mr. Eyarts-We except
Mr. Pullerton-Now 90


Mr. Evarts-Let understand what your exception ito
repetition by this Of anything that read part
that paper!
Judge Neilsonhat your objection. Ny ruling "a that he
may nythng tha. stated by the plaintiff TO the de-
fendsnt on that occasion.


Mr. EyarsAlthough 1t Includes the recital Of what
written from the paper.


Judge Although may include the recital Of what
had been written.
Mr. EvartsWhat read from the psper your Honor
please what point is point and certainly
entitled IT, Is that II this witness teshes that Mr. Tton


read from paper that that paper evidence OF what read
must be produced and not the witness's memory


Judge Nellson-Suppose that prior to conversation upon
any Queson u interest," the witness wskcs memorandum ti