New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-30
MORE ABOUT GEN. TRACY'S PLEDGE.

O. Then YOU allowed your pledge 10 stand confined 10
question Of litigation when you knew as lawyer that
no litigation could grow out OF the charge then made
A. did not refer to my pledge after gayei II.
O Well you allowed 1t to stand A. l allowed 1t to
stand NV pledge AZ you will see. Mr. Beach, is state
mcnt Of the general rule. not applicable to MI Titons
case specially. but applicable to all cases stated
general rule in answer to question: and did not refer
10 II after stated ii.
@ What, you merely stated that as general ruie' a.
Certainly.
O. Did not state it applicable TO that particular case
then A. Not as particularly applicable to that case, Dut
as q general rule that included his case
O. As in fact applicable to that didn't you state
it, A. Applicable it in the now give, az IN
cudcd in the general rule and of course applicable to the
O. You stated this general rule applicable to the par
ticular question which Mr. TOn addressed TO you "a
Yes, Sir az including 1t and covering IT,
O. You understood it to apply to that A. Yea, sir
O. Then it true Mr. Tracy that you gave that pledge
and allowed to stand knowing lawyer that it was
possible for any litigation in court to grow out OF inc
charge as then made by Mr. Tilton didn't youf A la
:e sense that that general rule is pledge stated ana
did not
O. did not AJAX you anyt hing about pledge a. l'on
tinungl Refer to il afterward
O. Now Sir that is not the question put to you AT all
Did you not leave that interview with the promise which
you gave to Mr. Tlton standing, knowing that no ga
ton could grow out Of the charge as IL was theh
made against Mr. Bcecheri A. did, knowing that no
litigation could grow out OF the direct charge as theh
made.
O Then you knew that the pledge or promise which
YOU gave was entirely inapplicabe to the matter did
YOU noti A. Well | knew that the rule that stated
would never called upon-I never would be called
upon to pass upon it in any litigation growing out OF that
charge.
O. Well then didn't you know. Mr. Tracy, that that
or Inp. VIII II,
hcient in reference the charge that then madcf A.
supposed II to be.
O. And then you went and received the cemmunica-
ton in that conversational A. heard what Mr. Tilton
had 10 say.
O. Received all the communication which the parties
chose 10 make youi A. Not the parties-hr Tilton
O. Well Mr. Tilton. A. He was the only man that the
conversation with; yes, Sir.
O. Nono-not the only man that the conversation was
whit A. The only man that this particular part OF the
conversation referred to.
O. Oh! ycs-that the promise referred tot A. Yes Sir
O. Did you suppose that Mr. Til'on seriously requested
or required from you promise' A. Well | never
stoned to consider whether he did it seriously not
O. Well. do you suppose nowi A. WHAT
O. DO sou think now that he ddi A. have no we'll
defined opinion on that subject.
o. That H. that when he came In and required you to
give him promise that in of any collision upon
the subjects about which you wero to talk that yon did
not understand that he serousi A. Oh! don't say
that did not understand that he was serious
O. Well, I asked you il you did A. did not stop 70
consider it, whether he not He made the PROPOSE
ton and instantly stated the rule that would govern
me in such cases. without any reflection or supposition
AS TO whether he was serious not serious do not
think stopped to consider ii at ALL assumed that he
was Serious in the ordinary sense of the word.
O. Very well; il you had made that answer in the first
place. IL would have saved time. YOu supposed
that Mr. Tlton relied upon that assurance, didn't you
A. assumed that he did.
O. Then you came from that interview surprising Mr..
Tlton serious in requiring the pledge and surprising
that he relied upon it in the Of the interview
when you knew that that pledge entirely inopcra
tive to the subject matteri A. Yes when knew that
there never any allegation could grow OF the charge
as he then put It,
O. And you never until in July, 1874, disabused his
mind upon that subject, did youl A. No. Sir, never
spoke with him on the subject until July 1874, after
that.
O. And you believing surprising that Mr.. TitOn
oil this time resting upon the promise or pledge which
you had given, didn't youi A. had forgotten the fact
Of the promise, Mr.. Beach.
O. oh you had forgotten III A. 1t had passed out Of
my mind entirely.
O. Very well. A. ! had been out OF this case from
O. Oh please don't! A. All! Until it called to my
mind the 9TH of July, think it was by Mr. Moulton
Mr.. Mouton on the 18th day of July referred to it.
WHY GEN. TRACY BECAME A WITNESS.
Q. Oh, please! please Sir! You say that
you made up your mind TO become witness In this case
when Woodruff and Moulton and Titon were examined
in regard to conversations with youi A. No, that is not
strictly correct, Mr. Beach. did not say that.
O. Well make 1t correct then A. say the subject OF
my becoming witness first considered by me after
this evidence had been given in the and that matter
was referred to my associates.
O. Well | didn't ask about that. Well, when you did
determine become witness, determined To become
so for purpose of contradcng those three PARTIES
did you not A. | determined to become a Witness
O. Just answer that question now, Sir A. Yes. so
far az true statement contradics their statements
O. Yes 80 far as your testimony would contradict
thcirsl A. Yes, Sir.
O. And understanding that A. Yes. Sir.
O. And you understand that in your testimony you have
under oath put yourself In contradiction TO them A. To
large extent do, Sir.
@ To a large extent yes, Sir. Have you ever dis
solved your connection with this case AS counseli A.
No. Sir
O. stu counsel in the easel A. Ihavc not formally
dissolved my connection.
O. You are still counsel in the ease. amt youi A.
suppose 80; yes. Sir.
q. How recently have you been in consultation with
your associates upon the subject Of the trali A. Well
In degree all along. and yesterday, say.
q. Later than yesterday A. Well. dned with them,
took lunch with them this noon; don't think we had
any formal consultation about IL, but were IN con
suiatiOn yesterday afternoon
Y How came you " mention dining you consider