The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-28
10 the witness, calling his attention TO Decem.
ber 8. 1871, which made no mention OF such Q re-.

wltness-At the meeting OF Deoe nber l. 1871
the pastor was not present, and don't remember
q. Look at December Is, 1871, aud state whether
that was not an ordinary meeting OF the Examin.
IN Committee and was not IN the presence or all
the churchr A. At that meeting no business was
transacted with reference TO Mr.. TlltOn nothing
vas ever done by the meeting in the presence Of
The church Ia reference 10 Mr.. TLton.
Mr. Shearman-L0ok at December %. 1871, and
stare whether Mr.. Beecher was not absent, and II
MY. Halliday did not o1lcate IN MS absence A.
That Is correct. 1t appears; Mr.. Halliday also OF.
nc,ated IN his place at the meeting OF December
sv can see no record o any action IN regard TO Mr..
Iiiton having taken place; thar action NAV have
been In November and Il may have been in
hrst at which the pastor SAID anything ABOUT Mr..
rton's case; ali he SAID was that he would see
Theodore Triton ana report at an early Gay:
think It was at that meeting that Mr.. Beecher
made the remark about lltons being in dtrcul.
which You show me, and can't say whether that
Is the pamphlet or not.
q Was not the publication OF that pamphlet OF
che 'Llle OF Victoria woodbury." the ground OF the
acton tasen by the Examining Commtteef A.
yhat WORK was one OF the grounds taken oy the
committee In reference to Mr. Tlton.
Mr.. FRANKLIN WOODRUFF,
Senior partner Of Moulton, came forward at half.
past three II to catch bird requires only TO put
some salt on his tail Mr.. Woodruff can be q
grelt ornittologist. He Is a large, bengnant
looking man, with a mild, benevolent face, square
and sold features, and an appearance as
one unwilingly called to painful task
In his baldish head, neat side locks and Quakerly
exterior he suggested somewhat Benjamin Frank.
lin. He is the Chairman OF the Reform Committee
OF One Hundi ed IN Brooklyn.
81 believe IN keeping out of quarrels and scan
dals," said Woodruff a lew days ago in the pres
cree OF Mr.. Moulton.
II such a witness, with his long career and repu.
taton in Brooklyn, were to be allowed to speak
freely, he must needs exercise powerful influence
uron The verdict. There was, therefore, immed-
ate interest all through the court. Mr.. Beecher at
once put his hollow hand over his ear to catch the
wOrcs. In q lew minutes he moved forward be-
tween Tracy and sherman, on whom he seems 10
rely more than upon either Evarts or Porter.
TRACY was very much excited, as the testimony
Of Woodruff was to be used to connect him directly
with Moulton as a mutual friend and compromser
Of the case, and professionally as disqualified to
have been counsel tor Beecher at all. He stood up
behind Evarts. who Immediately objected to
Woodruff proceeding, and as the Judge seemed 10
sustain the defence Tracy spoke up alerty for the
same object.
Both Beach and Evarts argued very earnestly at
this time The evidence was expected to be to
the effect that Tracy admitted to Woodruff that
Beecher was guilty.
PearsalI Norris partner, at Roger A. Pryor's
suggestion, went out for a law book, and this de-
ayed the Court nearly to the hour Of adjournment.
alternate. and very attentive and busy in 1t day
and night
THE EXAMINATION
Mr.. Franklin Woodruff being called Mr. Fuller.
ton proceeded to examine him.
q You are MEMBER OF the firm OF Woodruff Il
Robinson, are you notg A. Yes, SIR
q. AND you are partner OF Francis D. Moul
Q. Do you recollect an interview held between
once OF General Tracyf A. do. shortly after the
publication OF the Woodruff story. in August,
1872; we met about nine O'Clock to consult about
tile scandal.
Objection was made by Mr.. Evarts to the wit.
ness rccilng tue details OF that interview. as Mr..
Bee;Ger was not present when " occurred.
Mr.. Fullerton said that General Tracy was there
as Mr.. Beechers representative, and the CONVEX
faton when was neid mad peen reported to Mr..
Beecher 6y Mr. Moulton.
Judge Nelson said it was waste OF time to
state what occurred at an interview and then to
repeat what he said to Mr. Beecner, and so, with
view TO economy OF tlme ne told Tim TO 30 on
and state what lie tod to Mr.. Beecher. The Court
understood that he Mr.. Beecher what oc.
Cured 1t that interview.
DID GENERAL TRACY REPRESENT Mr.. BEECHER
MI Evart5 sad tnat nc whole point was to
Affect Mr.. Beecner by ms response to the MARIA
tive. II IT is false narrative it answers the pur-
response, which Is 10 aflect him. was made. He
held that there is no evidence to show that Mr..
Tracy represented Mr.. Bcechcr at all.
Mr.. Fullerton here asked the Judge If he would
go on win the exam nation OF the witness, and
the Judge replied tDat he was in doubt about the
point raised aud would hear the views OF counsel
on The subject.
Mr.. Beach then arose and read from the testt.
mony OF Mr.: M0ulton what transpired between
himself and Mr.. Beecher at the time when he went
TO Zee the pastor and tell him that mis- partners
Messrs. Woodruff and Robinson, thought Ii neces-
cary Tor him (Moulron) TO take some action with
regard 10 the Woodruff publication, which was
Exchange, and which was injurious 10
them; he read the recital OF what was said by Mr..
aoulton TO MIR. Beecher as to the proprety of TAX.
ing General Tracy lnto his confidence and decid.
ng upon - plan OF action; and That Mr. Beecher
consenied t. TINS interview and to his telling
RS I. a sol a that z
c"ncusiyey SHOWN here inst Mr.. tracy was re.
commended bv Beechcr. and tnat ne therefore rep
septed nim at tnat interview. Therefore IL was
the business OF Mr. Beecner, and Moulton went
there as the accredited agent OF Mr. Beecher, and
tervicw having been reported to Mr.. Beecher 1t
;hen becomes evidence HAVING been made aware
then a party to the interview.
Mr. Evarls said II could not be proved by MIR.
Moulton. He denied THAT Mr.. Tracy Was acting for
hall ana talk with these men," then 1t would be
compe'ent evidence. Mr.. MoutOn had gone to
MIR. Beecher ana Dad tod HIM Of the damaaing
effect when his connection with the controversy
was exercising. and nc suggested mat Mr.. Tracy
would be good man 10 counsel with; but, said ne
'. will nave 10 tell him the truth" MIR. Beccher
ana not object to his telling Mir. Tracy "tne TRUTH"
ana ne said,
CHE Is A GOOD MAN.,
but that fact did not make Ny. Tracy represent
Mr. Beecher at the interview when was held. Mr.
MouitOl was looking alter his own interests in
the matter, anu no responsibility could rest Mr..
Beecher from what Mr. Tracy said on that occa-
non.
Mr.. Fullerton said that If man authorizes an
pther to represent aim he IS certainly responsible
Tor what his agent says or does.
Mr.. Evarts said that the case was simply that
these gentlemen, Messrs. -MoultOn and woodruff
wanted to talk with MIR. Tracy ABOUT their own
business and spoke 10 Mr.. BeechCr whose only
connection with the point was his saying, 81 have
TO objection, he Is good man"
Aiter some lurther argument Judge Nelson
sald ne would satisfy himself on the point and de-
eide IN the morning
1t being now iour O'Clock the Court was al
Ourncu until eleven O'CLOCK this morning.
Tomorrow the Judge renders his decision as to
whether Mr. Tracy, as mutual Trend, can be
connected by Mr.. Woodrun's testimony with Moul-
ton and himself, acting as Beecher's proxy. What
Is desired to be auduced Is a proposition by Tracy
20 have rllton go to Europe and get out OF the
way for MT. Beecner's sake.