The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-30

o. When did you nrst have conversation with
Mr.. Triton about thus case A. week or so after
the sunday lnteryiew-later than the 7th ul No.
veneer; my pest recollection Is that It occurred
on the 17tn or oath OF November or lst OF Decem-
Der. 1872; saw Mr.. Woodruff before the inter-
view, when the subject OF the scandal was spoken
OF: one interview was IN the street and tue other
was when Moulton was introduced 10 me.
Mr.. Beach read the evidence given by Mr.. Til
ton regarding his interview with Tracy and Moul-
ton IN Moulton's study. Mr.. Tilton said, "mr.
Tracy, am about TO make statement to you
ABOUT nv case with Mr. Beecher. Would the ETH
quette or your profession. il make u statement
for ire opposite partyYS witness had replied TO
TINS by giving his promise that he would not be
counsel against Mr. filton.
O. Was that promise confined TO a litigation in
court OF justice or collision in any other formY
A. can't say how considered me promise ex-
actly: Inow suppose. from Mr.. Tllton using the
word counsel that IL meant counsel IN court;
when Mr.. I1lon changed the character OF his
charge gave him notice IN July, 1874, tnatl would
be counsel against him.
Q. What was the nature OF the charge you nm
derstood Mr. Tilton nad made against Mr.
Beecner2 A. Improper solicitation by Mr.. Beecher
10 Mrs. T1lton, aud subsequently understood that
ground declined 10 be his counsel; on hearing
Mr.. Tntons statement OF the charge came 10 the
conclusion that no litigation could come out OF lt
o. what did you know about the nature of the
charge against Mr.. Beecher AT the time You gave
your pledge TO Mi. rtltOn A. knew the wood
null scandal; had seen Mr.. Beecher's letter; had
other matters before me in reference 10 the
scandal
Q. From the facts before you as the time<wnat
did you believe the MANURE OF the charge 10 beg A.
understood from q paper that Mr.. Beecner had IN
some way attempted the virtue of Mrs. 1ilton,
but did not understand II TO be a charge or
ad utery: understood from the statement OF
Moulton that Triton did not then charge adultery
Az this stage of the case the Court took Q recess
until quarter past two O'Clock.
AFTER THE RECESS
Beach rolled up his sleeves for the resumption of
the work or cross-examination. He put the ques-
ton again II ne supposed Mr.. Tilton seriously
uui "A ~
part on the other side. Tue witness finally ad-
mitted the promise, but explained that 1t was only
apply 70 tue part he should take as legal counsel
''Do you contemplate Withdrawing from the
case?r asked Beach. The reply was II gative.
''Were you the author OF the opening address that
you delivered in this Courtr' Finally the answer
came that he not the author of all oft. Beach
was rigid ana severe. The Judge came TO the res
cue OF tracy, who was squirming in his seat and
growing red IN The face The foreman OF the jury.
Mr.. Chester Carpenter. appeared never 50 deeply
interested. His eyes constantly glanced from
Beach to Tracy. indeed, all the jurymen TOOK
more less concern in this particular part OF the
proceedings. AS Tor Mr.. Fullerton, he held his
hand over his mouth and laughed consumedy
at the admissions or the witness.
The Court reassembled at twenty-five minutes
past two O'Clock.
Mr. Beacn. holding a newspaper in his hand,
called the attention OF the Court to an alleged mac
curacy IN the report OF the proceedings OF the
previous day, &c appeared In one OF the many
Journals when claims mat IL publishes official
report. Mr.. Beach said the passage In the report,
as 1t stood, seemed 10 him inexplicaole.
This statement brought on q Drie discussion,
which appeared 10 end TO the satisfaction OF
counsel on both sides.
then resumed by Mr. Beach. Witness said IL
left the interview, believing the charge was
pledge To Mr. Tfon referred to ordinary litigation
IN court; assume now that al the time gave
that promise 70 Mr.. Titon that the charge oil I'M
proper solicitation could not be subject OF lti-
CATION In court.
Q. 1t is true, then. that you gave that pledge
knowing that no litigation could grow out OF the
charge A. gave 1t knowing that no litigation
could grow out Of that charge directly.
q. Did you not know tnat that pledge was ut
terry inefficient as TO that charge? A. ] did.
q. Then you went on 10 receive communica-
tons from the parties A. Not from the parties;
from Mr. Tton; Mr.. nlton stated the PROPOSE
ton and mentioned the rule without stopping
TO CONSIDER whether he WAS serious or not; |
came from the interview, having given that
pledge. Knowing mat IL would be imperative
a. 70 Ga.oa wtn had no , e0%munlG1
July. 1874; the subject OF my becoming witness
IN this case was talked about: have IN my testi.
MoultOn; have been IN consultation with my as
sociate counsel IN tnls case was In consultation
with them the day before yesterday: do not con-
template Withdrawing from the case; opened the
case Tor the defence IN this suit.
d. Are yeu Ihe author or that opentng3 A. |
think may be said TO De the author OF IL; COM
posed most OF That opening: did not compose the
whole OF A.
The Judge-He delivered the whole or II, and
therefore, became responsible for III.
Ia one OF tue interviews with Mr.. Woodruff l
discussed the subject Of the scandal with him; IN
those interviews MIR. Woodruff aid not tell me In
substance that Moulton sald T1lfon charged Mr..
Beecner with adultery with Mrs Tllton, out / viii
sav mat MIR woodruff by mis- manner LETT me
under the impression that Mr.. beecher had done
something wrong In MT. Ilton's family Mr.
Woodruff did not tell me that the charge was one
or adultery against Mr. Beecher; Mr. woodruff did
not tell me that night we left Moutons house that
ton nWN ssf
Tilton's family; dId not say 10 him tnat that
was q damaging tact: the true story as IL APP
pears In evidence. was not read u me- bat the
gene al drllE OF II IA the same; the "true story
as now produced, rs more perfect document
tnan the one reso 70 me the paper said, ~ quote
from a paper by Mrs. Iliton that H. w. Beecher
solicited me 70 oe wife 10 him, with all that that
implies ~ think II was from paper before the
StOrrs paper was written; recollect paper
from Moulton ana Tlton before the true state
mentn was prepared; have spoken OF an inter
view at the Fifth Avenue Hotel IN relation to the
papers or MIR. Hilton; two different modes OF pro-
ceedlng we're Observation-Disclosures the papers held
by Titon and Moulton snouid be produced.
u. At that interview did you advise that the
papers should not be produced A. suggested
method that Mr.. Moulton ought 10 pursue.
gested that the papers should not be presented
A. / did not suggest or advise; made general
statement, and that may have taken the form OF
request: did not IN that Interview act Mr..
MoultOn's counsel; | went as one TO consult with
Mr. hilton, and ask MIN 20 take part VITA me a. .
friend 81 hr. Beecher and a memUer OF Plymouth
church TO put down scandal which, n puohsned,
wouu cause the greatest CONCENTRATION Of tne
present century: talked with Mr.. Beecner 0 few
times about TINS scandal aud also on Friday night
after tile publication OF the Bacon letter; con-
suited with MIN. and advised Dim more less
considered was giving him ADVICE as friendi
/ can't say that he SOUGHT NY advice because or
10 profe ssional position; presume that that en-
tered la TO my consideration; after had that con-
sulratiOn with Mr. Beecher did not IN the pres
ence o. Sir. Mouiton, say TO General Butler that
represented ar. Beecher; undoubtedly saw Mr..
Beecner about week after that; ! cannot saT
positively whether tue subject Of my conversation
with Gener a Butter was talge1 OF between myself
ana Mr.. Beecner | nave coplerred with General
Butler Boston aDout the lst OF July, 1874 went
TO see him on TINS subject-to confer with him;
went 10 see MIN because u a message which ur-
derstoOd Mr.. Beecner mad received from General
Butler; Mr. Beecher did not ask me TO 20 and see
General Bntler he objected 10 my goiug, out i
went; cannot say mat ne Withdrew his opiec-
tlon.
q DID you 70 TO Boston to confer with Mr.. But
Ter with or without Mr.. Beecber's suggestionf A.
canuot tell you-I viii tell you the fact-I have an
inference that after Mr.. Beecner saw me, ne had
seen Mr. Shearman, and bad witndrawn mis- oblec-