New-York tribune., 1875-05-12
THE VAST VOLUME OF THE TESTIMONY
MAKES CONFUSION

Mr.. Morris-Oh, YES will find the specific
language and ask that question, and recur to 1t again.
@. Did Mr. Tracy at any time inform you or notify you
that he could would under certain contingencies be-
Mr. Beechers counsel or feel himself at liberty TO
become his cOunself
Mr. Eyarts-One moment Mr. Tilton Let us have
Gen. Tracys testimony.
O. Did Mr.. Mouton, in your presence, use this Ian
guage, its equivalent
The Witness-Are you speaking OF Mr.. Moultoni
Mr. MorrisOf Mr.. Mouon. In referring to the letter
OF contriion he says:
1t is memorandum or notes OF conversation had
with Mr. Beecher
A. No Sir; 1 never heard tho word memorandum
applied to it,
Mr. Evarts-wait moment That is the question OBJ
iectcd to- There is not any statement that that was LII
the presence OF Mr.. TtOn.
The witness-Yes. Sir. there is stated 1t.
Judge NcilsonAt the interview at Mr.. Mouons house.
Mr. Morris-Yes Sir.
Mr Evarts-But there interview between Gen.
Tracy and Mr. Moulton before M. Tlton called in
Judge Nelson-Yes, he came in
Mr. MOrris-I am asking him II anything OF that kind
said in his presence
Mr. Evarts-Mr. Tracy has not said SO.
Mr.. Bhearman-He did not say it.
Judge Nelson-AlthOugh it may have occurred before
lie came in think it is competent for him TO say whether
he heard it or not.
Mr. Evarts-Gen Tracy is contradcted. II at all. That
fore Mr.. Titon in Mr.. Moulton said so and so.
Judge NeilsOn-f he said it before Mr. Tracy in,
that is the end of it,
Mr.. Shearman-Tbat is clearly 80.
Mr. Morris-That is clearly not so.
Mr. Beach-Here is o conversation between Mr.. Tracy
ard Mr. MOuOn to the time this paper exhibited,
whether before after Mr.. Titon came in. Two wit
ncsses say there conversation and no paper
hbited prior TO the time Mr. Tilton in. Mr. Tracy
said otherwise 1t very proper for to show that
such thing Mr.. Tracy swears was uttered But, Sir,
as my proposition in regard the decision OF the Court
OF Appeals upon the question OF evidence stren
uously conradicted by my learned friends the other
side ask permission to refer to the OF Marcy agt
Shuts, Goth New-YOrk, page 351
1t is competent to read entry made by witness Of
any fact material to the issnc, made at or the
time when the fact occurred and he it was
made correctly and he may say the entry made by him
self by any o.Eer person. was copy OF the entry. II
fact to Which the entry relates.
am happy give my friend somo instruction to the
law.
Mr. Evarts-we shall not be wiser for that teaching
Mr.. Beach, don't think You will.
Judge NeisOn-You seem to disagree about that
Mr. Evarts- shall not proceed that law. Now this
is the point which we arc Gen. Tracy says:
He Ciouton, handed me tie paper began to read It,
The first thing that attracted my attention was the char
said, Whose Is It 2, It is mine" went through it in
you write letter TO yoursefi And at the time went
through il that illustrating said quick ia not
signed" He sad, Ies IL " and just at that point
eye caught this Endorsement or memorandum at the foot
Of the sheet, seeing IL looked at them first in
that lie said: eyes 1t is signed by Mr.. Bcccher"
and the form Of the signature OF MIR. Beecher.
O. What did he say A. lie said in that connection, IL
Is q memorandum notes Of a conversation had with
Mr. Beechcr." then read the paper over sentence by
eentence and studied II for minutes don't know
low long He then showed me-the next paper was the
ietractiOn of Mis- IiltOn.
Aud then the conversation went on for tme and
after that Mr.. Triton was brought in
Mr. Beach-Mr. Evarts, may say that both Mr.. Mou
ton and Mr.. Tracy Mr.. TOn came in before the
apology or memorandum Of January was exhibited to
Mr.. Tracyt
Mr.. Evarts-On what do you state that
Mr. Beach, state IL upon the evidence and upon my
clear and positive recollection OF it.
Dir. Eyarts- Handing book to witnessl Now, will you
look at that and what Moulton says that subject
The point would not make any difference
Mr.. Beach-HOw do you know thatf
Mr.. EvMts-I have looked at the record, and am ad-
ysed OF its phrase0logy 1t would make any differ
ence Oh this point Of contradicting Mr.. Tracy.
Mr.. Morris-Just preceding that he says: al have a
that would not be certain.
Mr. Eyarts-Whatf
Mr.. M0rris-Wcil.
Mr.. Beach-WhOse Is that
Mr. Morris-That is Mr.. Tracy just preceding this.
Mr. Beach-Mr Evarts says that not In regard this
interview.