New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-21

assurance given by Gen Tracy upon faith Of that evea
ton any dcuy Mr. Elton and Nm
Beeehe Mr. Tracy would appear adversary eounse
10 him. the improperly the ndecacy, the unprofesona a
Of Mr. Tcy appearing In this trial in opposition to the plan
iii would not be counten.nced by this Court am quite VIII
ling Sir very considerable extent TO leave that question to
the consideration Of the counsel himself and Is only In con-
sequence OF this extraordinary and accidental condition OF
things that am led suggest your Honor and to the coun
supOn the other side that perhaps the action Of Gen Tracy In
continuing the examination Of this witness would DC I'M
,pyQtess9Ralt and inadmissibe.
Jaige Neiron-I tlHk must leave u me oesesosh's
counsel to arrange which shall cross etsminc.
Mr. Eysrs-Snce observations have been made yoos
Honor please perhaps may DO pcrntted TO make Anew NE
moi In any yndcaton Of Gen. Tracy for DO not MINK 10
needs any but In reference to the OF my eano
friend exaneous 10 the conduct OF the hA' IN TO
spec 10 the issue parties to wit In rpec 70
fragment evidence that has been given by this Witness and
that my friend thinks should disable the defendants
council had verdict Of this jury on this genie
mans testimony We have not heard what 10 70 be sAa
upon subject and his testimony 10 very dui1 fof
me TO see anything hs Of stating II eyen thai does
not Disclose what 10 apparent, a. think, ofher~se'
that Mr.. Moulton regards himself a. party 70 'ns
transaction, and that whatever passed between hmseh'
though acting only friend Of Mr. Beechef and with swNe
head called In 10 confer In the same n'erea-how VI"
should be converted INTO disability to continued fidelity 70
Mr. BeeeheT Mr. Tracys part whom change OF attitude mas
the part Of the witness Now that 10 the way look
oil that matter.
Mr. Beach-f your Honor will permit 10 say Sir that 20
far the counsel has made reference to the relation which MI
Nouon bears this TO h phrase extreme
ly this discussion and consideration which
would have been professionally and properly
addressed TO the jury than ntimaed In this inter
lOcuory debate. The counsel also forget Sr, thai
By the statement Of the witness the matter upon which We
rely which have made out Of an inter-
yiewno between the witness and Mr. Tracy alone but be-
the plaintiff in this case and Mr. Tracy IN which the
plaintiff reluctant have the communication OF his papers
and natts Mr. Tracy and consented 10 only upon
the express upon the pa Of Mr. Tracy that IN any
auagonisc difficulty between Nj Tton and MI Beecher he
would not appear adversary counsel against Mr. lton
Judge Nelson-I understand the spirit in which you make
the suggestion IL is perhaps not one calling Tor argument
really and d before must leave the counsel for the de-
PENDANT to proceed and supply Judge Pore place as they
think beet this morning.
Mr. Beseh-Your Honor will please note our objection to tho
action of Mr. Tracy and exception your HOnors ruling
Judge Neson-Yes, Sir.
Mr. Evarts-We -
Judge Neilson-Reguate you pcase gentlemen that 10
all want to say about it you are quite at liberty
Nj EyarsI thought that learned nends agreed that
some might take Judge Porers place.
Judge Neison-Yes Sir; leave 1t TO you.
Mr. Eyarts-But It lie not for them pick out The person TO
do and now, when the apparent greater fitness from &C
auanance with the part the suddenly be taken up
suggests Gen. Tracys intervention that intervention is made
the subject remarks and Of exception to your
Honor permission Now cay 10 our learned friends that
Judge Porers absence s great injury to u.s. s well great
regret in respect him personally and either 10 90 on
or not TO 60 on
Judge Neson-You will 60 on Sir, and regulate 1t in your
way
Mr. Eyarts-hnd IL tie 10 be made the subject Of excep
ton why them It becomes Of deliberatOn with MS
your Honor please, to how the ar Angemen ha be made
Judge Neison-I left you liberty 10 arrange as you
think best.
Mr. Eyarts-Oh yes but yonr Honor sees that we cannot
arrange i've minutes the preparations We are ready TO pro-
coed in that way but learned friends make objection to
that they make objection 70 that, even to the
point Of exception and under that aspect OF the case
we desire TO be able TO determine freely which
course shall be TAKEN and it is necessary that now
suddenly should undertake complete this cross examination
why them it is necessary that should be prepared for IT. and
not prepare myself the presence Of the Court and the public
and the newspapers And under that view our learned friends
are entitled their choice whether they would rather this mat
ter should until Judge Porter out and the rest OF
the testimony 60 on stand until morning, with
the alternative of Judge Porter then being able TO be out or OF
counsel whom they have no objection Of any
kind, proceeding.
Judge Neson-I think II would be orderly proceed
with this witness and close his examination and have in
tended say the defendants counsel may either Of them
they may elect proceed with the cross examnauob and
Il requires consultation of course you will have IT,
Mr. Eyar,.-May we reserve the right to apply to your Honor
to divide the laborf
Judge Nc1son-Well.
MI TracyBefore proceeding 10 discharge the duty devoyed
upon me- remarkable statement that has been made by
counsel evidence that has been given by the witness
call upon me- think for brief statement Of my connection
with this
Judge Neon-I don't think does, Mr. Tracy il Will only
lead to further debate The act Of your proceeding
sufficient indication Of your view Of your duty and that
enough for me.
M TracyI happy that your Honor takes that view OF
my position. would say, however that have taken no step
this without comforting freely not only with my asse
caes as my duty here but with the most eminent members
Of the bar connected with this and every step in
have taken have taken Their judgment az TO what might
professionally do with honor understand very well the posi-
which this prosecution has sought TO place me IN THIS case
this the ted Of this defendant However
Others may changed have act Of mine
been inconsistent with that friendship and have performed
the witness and the plaintiff that honor ana JUS
ce called upon do As for the responsibility winch
now take only prepared 10 answer that to my con-
science, but to my God
Judge Nclsen-That il sufficient.
Crosse Examination Of MOulton continued
THE LETTER OF CONTRITTON ONCE A SIMPLE