New-York tribune., 1875-05-12

before Mr. Tilton came IN
Mr. Morris-It s In regard to the interview. ana pre-
ccding the testimony have read and pa'eo tue i"h
preston upon.
Mr.. Eyarts-The faint impression that be was In tho
house.
Mr. Morris-No; at have q faint impression that MI
Tlton was there also, but OF that woud not oc oci
tain"
Mr. Evarts-That is. in the house
Mr.. Morris-He don't say so
Judge Nesonlt very clear TO me: you CAN "sh 'no
witness whether he heard q certain S'ac"o"' ~"0' "
though the witness was not there all the time IL "o"u
only tend to show IL 1t made ut ALL that IL was auo
before he came In. - , ~.
IN. sworn that when Mr. Moulton and he were alone
Mr. Moulton said 80 and sO by bringing Mr' Ihton W
swear that he didn't say IL when hc Tton' WIS thoro
Mr. Beach-He would not do 1t II ne WIS.,
Mr. Morris-By showing some one else was present at
the time that Mr. Tracy and this man Of whom he speaks
when he swears he and Moulton were alone
Mr. Evarts-You have not proved that
Mr. Beach-wc have proved it.
Mr.. Evsrts-Howf
Mr.. Beach, have told you two or thrco times Look,
and you will find 1t. I am looking. II can find that
evidence of Mr. Woodruff
Mr.. MOrris-I can turn to Ii In q moment.
Mr.. Evarts-Mr. Woodruff!
Mr.. Beach-Ycs, and Mr.. Mouton too.
Mr. Evarts-wen, all that would not contradict Gen.
Tracy because Gen. Tracy has not stated anything was
said when Mr. Tton was there Your point is 10 contra
dict Gen. Tracy
Mr.. Beach-wc contradict him, 1 submit, In this way
Mr. Tracy that certain conversation and certain
incidents occurred between himself and Mr.. MOulton
when Mr. Tilton was not present. There was but one
conversation of that kind 1t at known place, upon
given day, and we proved by two witnesses that upon
that ason and at the Of that conversation
Mr. Tlton present. and we then propose to prove by
him that such thing occurred as that testified to by
Mr. Tracy. NOw contradict Mr. Tracy both as TO
the persons who present at interview and as to
what occurred ut the interview; and when show the
persons present at that interview we arc contradctng
him In his relation OF what transpired
Mr.. Evarts-Wcll, wo will take one thing at time.
You can show fact II you please. that Mr. Tilton
present from the first moment Mr. Tracy into the
Very WELL Undertake to show that, II you can
That s thing You not engaged in showing that
now. You engaged in cOntradicting Gen. Tracy In
the statement which he made which s that when Moul-
ton and himself alone together Mr. Tilton was not
PRESENT. don't know whether Mr.. Woodruff was there
or not when Mr. TtOn not present-before he came
into the interview, Mr. Moulton said certain thing to
him. Now cannot make it palmer than the mere state
ment that Mr. TltOn in whose 1t Is not alleged
to have been said don't contradict Gen. Tracy when he
says that such thing was said in his presence
Judge NeilsOn-It may amount to contradiction;
still It is very SIMPLE it to me- If witness states
that such o thing not said in his presence.
Mr. Evarts-It ia only contradiction that ia opcn to
him Evidence in chief ia not open at all That Is the
reason am speaking to point.
Judge Neilson-The simple question now is whether
another witness heard that conversation. II lie didn't
hear II Is tho fault Of the suggestion that occurred
before he came in That is question for the jury.
Mr. Evarts-Mr Mouton has said this He tells NJ.
Bcccher-
NJ. Beach-what page do YOU read from
NJ pyar4s pa -a I'D Ue tos Vr Rcerher-T sunnose
!. 10 . ,oun.,o
Ito,d con rr.o, ,,o ,,ot T.; Cha o,s, aud that Troo.
dore Ton had denounced me for so doing ana had said
to me that had no business to reveal the g OF Eliza
ed % MI MI yIdy hv tI,in, S hin, that had
L , iv ~ T.; taTn tbe hest advice could on ,e suIirct
ot 9 99nv Tor Mr. Reecbers sakethat did not "opsult
~ r inc frsnI al of nh the narties as man capab Of ys
inc with reference TO that which had better be done told
Tracy and tat he Went up stairs and did see Gen Tracy
in the presence Of Mr. woodruf and my self and told
ce th. Mr. Tiltnn or ahom the rst sentence that Mr.
ton after The usai sautaiions between
men was Mr. Tracy do not understand the etiaue tie
OF your PROFESSION etc"
There was no cross-examination on that point
Mr. Beach-Yes, there was; beg pardon.
Mr.. Evarts-wherci Mr.. Shearman says you did MT
xamine him it, STILL don't any impression
Inado on my proposition that when mr. Tracy says,
"When Mr.. MCultOn and | were alone together, Mr..
Moulton told and so that you can contradict him
by bringing Mr. Tton in to that it not said in
his presence That is the difficulty That confirms him,
far "a the negative goes IL does not prove IL was
not said to Mr. Mouton does prove a. was not said to
Mr. Ton.
Mr.. shearman-Mr. Woodruff testfes-
Mr.. Evarts-We had not supposed u was testimony az
ALL that there preliminary conversation between
Mr. MOulton and Mr. Tracy and that when the question
arose as to this fact about Mr.. Tilton. that Mr.
Mouton said "I should prefer that M Tilton should
state it himself"
Judge Neilson-And then he came in
Mr., Evarts-And then he came in.