New-York tribune., 1875-01-23

Judge Neison-wel, say think can ask him that
Mr. Beach-No Sir The peculiarly OF this proceeding on
the part Of the counsel Is that they do not ask tho witness SIM
ply whether sct is true, bat they are attempting to draw
in this paper this publication by assuming to read from the
publication the paper OF Woodhun Claim.
Mr. Eyarts-Preclsely.
Mr. Besch-Now Sir we do not want our silence 70 DC a.
sumcd as approving that statement OF the counsel
Judge Neison-The form OF the question Is unnecessarily
hostile This witness should be treated every other witness
and there may be witnesses about whom shall have good
de. OF soctude 1t question that brstes with hostility
Can't you put It in different forms
Mr. Tracy-I don't know how put 1t In different tofm
except to read the extract and ask him II 1t is true
Mr. Beach, object TO their reading the extract from any
thing
Judge Neilson-You ask him II he did that.
Mr. Fuleron-That they have asked him.
Mr.. Beaoh-Let them ask 1t again
Mr. Tracy-I ask then, witness. you did what is there
| ststedi
Mr. Morrs-We object that You may ask what he did,
but what is there stated don't care anything about
Mr. BeachThe counsel does follow the instructions OF
your Honor in putting the question
Judge Neison-e gave to understand that he could not
Mr.. Morris-Wel, he can
Judge Neison-I do not think crossexamination he Is
bsund by simple form Of asking what he did, because he
| has told that on the direct
Mr. Morrs-ue may ask he did and not what Is there
| stated
Mr. Evars-That Is exactly what asking il he did
| what is there stated'
Mr. Fullaton-ow does appear that Is there stated!
Mr. Evarts-We have just read 1t.
Mr. Fullerton-You have night to read it, II Is not In
| evidence.
Mr. EyartsYes your Honor has said that Is before the
| Cour.
Mr. Fulerton-who brings before the Court' We have
before the Court it is true, but 1t is not in evidence.
Judge Neilson-One at time. gentlemen The paper is
brought before the Court under very peculiar circumstances
owing to the evidence that has been received and some msa
| Of in
that thought proper to regard as before ae Court and
| allow them to read it,
Mr. Fulerton-Now, IL your Honor please, let us have
| proper understanding in regard to It,
judge Nelson-Thst Is just the point.
Mr. Fuleon-Can it be pretended by the other side that
they can put the OF that publication evidence because
specific charge alluded to in the direct examination
| Of the witness few days since.
| Judge Neson-No.
Mr. Fuerton-That being s0 let proceed step further
then part that they pretend to read not evidence
under that ruling anything is in evidence which Is con-
tanned in that paper is the charge against Mr. Beecher and
that alone they do not propose to read that charge
against Mr. Beccher but they propose to read something ese
which something else is not in evidence because the whole
paper as production is in evidence 1t is clear, Sir
| it seems to
Judge Nelson-Then the orderly way you think would be
for them to read frs under this permission gwen what
posed TO be applicable and then to neroga,e the witness
Mr. Fueron-They should read that which is within your
Honos ruling whatever that may be- and nothing beyond It,
because nothing palmer than single paragraph having
been read from paper does not follow that the "oc pro-
! duction Is In evidence
| Mr. Morris-That question was not answered
| Mr. Fuleroa-I know it was not answered.
Judge Neison-what constrained the Court to let in that
paper suggestion that revealed the scandal and con-
ned story which story had been referred to by the witness
| in his previous examination.
Mr. FueonThc question put to the witness was whether
that production there was charge OF Illicit intercourse on
the part OF Mr. Beechcr lady therein named That
| the question:
| Mr. Ryarts-ByW.
Mr. Filerton-No, byus.
Mr. Eyarts-we putting question over again
Mr. Fueron-I know it, but for the purpose OF Illus
| trating my argument.
Judge Neson propose that you read such part OF the pa
| per as you deem material. and then interrogate him.
Mr. Fuleron-Such part the paper ey deem material
Judge Neilson-wel within the that we acting, as
| to the story and the charge
Mr. Fullerton-The charge against Mr.. Beecher'
Eyarts-As the that this witness has spoken OF
a. the subject OF conversation him and Mr. Beeche
Judge Neison-Yes sir now read such part Of it as you
understand covers that.
Mr. Fuerton-I supposed Sir that they to read such
| parts as the Court understands cover it,
Judge Neil5on-I say the story and the charge
Mr FulertonYour Honors understanding and my friends
anding on the other side would be two things.
Mr. Eyarts-IIow to come togeher'
Mr. Beach, ask that you submit what you propose to
| read.
Judge Neilson-Ye,, that think would be a wise step.
Mr Tracy-I pr pose to read IL had one frend'-ttas
| handing the paper to W. Beach
| Judge Nelson-we, proceed and read it, gentlemen.
Mr. Beach, think it proper, Sir that your Honor
should look this than | should have marked Sir the
| point.
Judge NesonaYe you marked the point that they propose
| to read
! Mr. Beach-Yes Sir.
| Mr. Eyarts-It is Mr. Beachs marking.
Mr. Bcach-wha' Mr.. Beach's marking 1t is marked
| under the direction OF Mr. Tlacy.
| Mr. Eyarts-Woll, say
Mr. BeachIt purpos be interview between reporter
and Mrs Woodruff commencing there and ending the third
page from there indicating the portion referred to and
| object to il as incompetent and immaterial.
Judge Neilson-Mr Tracy, you have 1t before YOU what
! part do you propose to read'
| Mr. Tracy-The part begsnng with Reporter"
| Judge Neson-On the second page?
| Mr. Tracy-I don't know what page it ison
Judge Nelson-wel, the second page in this book Down
| to what p0int'
| Mr. Tracy-Down to the end Of that interview.
Mr. Beach-The third page from that
Judge Nelson-ncuding the letter OF third person here'
Mr. Beach-Including everything Sir
Mr. Tr,cy-we don't care about the third per-
| sons name your Honor 1t will take some
little time to go that and select out, perhaps
the names OF third parties We the story simply
aes to Mr. Beecher aud the witness and Mr. Tlton told
| there.
Mr. Evars-we want what formed the basis OF the converse
ton which this witness has detailed between him and Dir
Beecher.
Mr. Beach-The difficulty Is to ascertain what that s
Judge Nelson - That Is the difficulty. Here is
reference in the third column Of the fourth page-a
reference to Mrs Tilton cannot conceive that any
evidence we have had would justify the reading Of
that cannot conceive that it is material what this writer
about Mrs Ton That was not the subject Of discussion be-
| tween the witness and the defendant.
Mr. Tracy-I will take long, your Honor 60 that