Year: 1875

TIITON OBJECIED ~.


Mr.. Fullerton-Well, Sir, it is quite immaterial
ITO the wtEess On your crossexamnaon this occurred
Mr.. Tlton. [Reading:l


@ Upon the occasion OF your attendance and
herring and answering questions before the Com
mee Of the Church, please say il this occurred
Did you upon being asked this question You say Mr. Ton
after what you stated Mrs tons confession she
insisted to you that -he had not violated her marriage yow
in answer to that did you say yes Elizabeth Of
yaporo like cloud between light and dark che could
my presence that she had not done wrong
do wrong; sense of having done wrong enouEn 70 crush
Dict would have had these relations she had sup
posed that they wrong Elizabeth never does
thing wrong for such large moral nature
there lack OF certain balance and equpose she has NOT
any time that the stamp Of her conscience
the time upon ibid you say that in answer to the cues
ton that been read your A. said something like that
| don't know how accurately it is reported.
Now want to ask you this question: What 'ssson was
It that you referred to giving that answer


Mr. Eyarts-Confession


Mr. Fuleron-Yes Sir.


Mr. Evarts-Well wait moment.


Mr. Fullerton-You can have the paper.


Mr. Eyars-Now you ask what that confession was


Mr. Fulerton-Yes which the subject OF conversation
there.


Mr. Eyarts-Nov II your Honor please the question arises
in this way asked the witness whether he In answer to GER
tain question made certain answer being my right to in
oure concerning he had said at other times and the whole
point OF the inquiry being whether he had or had not said
40 and So That question in the examination before the
Church Committee is this "You say Mr. Tton calling his
attention something he had said" You say MI Tton for
year after what you Mrs Ton confession she in
sisted to you she had violated her marriage vow and
then he goes on makes long Now under
Of nq ury which ecs from him the fact that In answer
to that question he had made this my learned friend
,s him what that confession was being direct offer to prove
confidential communication between bis wife and himself
Judge Nelson To Mr. Fuerton Letme hear you on that
have akpda nuPs ,klp fhar
on being asked certain question he made certain answer
He could have said yes and that would have been the end
Of 1t. -


ARGUMENT FULLERTON.


Mr. Fulerton-We It would extraordinary Sir IL they
can talk about confessions and ask questions in regard to
fesons and after getting that suit hem that cannot
90 on and pursue the same line Of inquiries.


Judge Neison-No the Church Committee asked him ques
tons and his answer recorded here and then the learned
counsel nterrogaes him whether that question put
and that made and he does remember and
that confession Is referred to-


Mr. Fulerton-Why Sir 1t precisely the IL he put
the question the witness whether he had not stated such
thing the day before day that examined
received that answer.


Judge NeIlson-Yes the form Is not material Of


Mr. Fullerton Now, he has asked him question
about confession want to know what confession hi
audes to-what embodied in IT, 1t Is certainly plain
that have right pursue this upon the redirect examination
10 know what ne meant nc ''
are very sensitive about confidential communications
They we're not so short time ago when they pursued inquiries
In regard to them


Mr. Eyars-I never asked anything about confidential com
muncatIon.


Last question read by the TEIEuSE stenosrapherl


Mr. Fuerton-I don't ask what the confession was, ash
what confession referred TO- am pursuing the redirect ex
animation with reference subject opened upon the
It not now for them say that confidential comnuni
cation and that IL cannot be exposed.


Judge Nelsonsn the precisely as II YOU in you
nerrogaory referred to conversation Of the day before
asked him Didn't A. D. meet you aud put you question
and didn't you him make ihs answer and IN that