New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-31
THE STORY OF THE TRIPARTITE COVENANT
REIOLD.

IL. II. OlaIln occupied the whole OF the morning
session yesterday cnefy in recting for the second
time. Oh the crosse Examination, tine story of the
q" lupartte Agreement IN regard TO which he
testified on Monday, and the facts of which have
already been made tLmIliar by Mr.. WilkesOns testi
mOny. Mr.. Claim still suffered from a cold,
and Mr. S1earnan interpreted his whispers until
near the close OF the session, when 1t was found
that continuous talking mad half cured Mr.. Clahin,
and his voice grew strong as that of Mr.. Shear
The matter elected on the examination of Mr..
Clathl was not new or curious The most interest
ing TACT brought that the first condition of
The Iriparute Covenant" was tnat all the papers
bearing on the scandal were to be destroyed. This
was not merely the trst-named of the conditions,
but the chief Of ali considerations. 1t did
not apply merely to Mr. IiltOns letter
OF Jan. l. 1871, quoting Mr. Bowens charges
against MIR. BeecDer but the letter OF
apology and other documents ND been named and
were to be included. Mr. Bowen insisted on having
back his Woodstock letter Whether not this
any of the documents were destrO, ed Mr. Clatin
did not testify, probably because he knew nOUIlng
81 Ills own knowledge the subject; but. of course
II well known that the hIsJ condition of the
agreement was never observed Another curious
point IN Mr. Claims evidence was the statement
that asaed subscribe for the establishment of
The Golden Age he told from Nj liltou to consult
Nil. Beecher before refusing. On consulting Mr..
boechcr the Liter proved indifferent and laughed at
tae idea of his advising MI Ciain on a mere mat
ter OF business. Mr.. Clahln asked If be hal
ever denounced Mr.. HltOn a bl4Ckm.Iler but the
counsel tor the plaintiff OBJ .ctcd repeatedly and
enormously tuat tue attempt snow that Mr.. Clat-
In had IN PLAIN terms thus called MIR. IIlton
when the newspaper enterprise was first
preached WIS abandoned. Inc cIoss-exam-
nation of MIR. Claim by Mr. Fullerton
of a searching character aad evidently annoyed the
witness Hc took tAe hrsJ far opportunity TO hit
back al Nj. Fullerton. and IN 50 doing Knocked
down the whole array OF lawyers on botn sides. DE
had been asked now long il COOK to arrange the
terms OF the InpLrti.e Agreement" "NOt long
answered Dir. Claim, "tney stated their III
peIsOn-thcy were thoL own lawyers, and got
through quick The hit 50 palpable and the
rctOTt 50 talr, under the circumstances, that all
joined in tile first hearty laugh Of the week.
he afternoon session opened VITA adj
Citioual testimony about NJ. B5echers telegram 10
PcekskIn on Jane >, 1873. IAe defense completed
their Lac of evidence this point " Ing the
dispatch from Brooklyn to the New York Office aud
thence to tue telegraph Office in Peekskil. Miss
Louisa j. Mroeger, operator III the NewYork
ONCE. Iden .I1ed a copy OF tne telegram Of
tnose winch she mad Received from Brooklyn
that day at SIS a. H. Size also explained the
various marks on 1t Oy winch she could tx IT'S date
and The time of reception. Miss Mary <. JOsephs,
an operator at tue Poeks1u O-Ice, tes.lAoI TO hay
Ing received the telegram at PeekSAlD. The plain
TINS counsel made no eIOrs 10 impair the effect of
the testimony Oh these Witnesses ny cross-eXamIn-
ing them.
George F. Williams of The Herald was called, and
the defendants COUNSEL sought to snow by him that
Nj lilton had been engaged III the circulation Of
the Woodruff scandal and hsd allowed proofs OF
b rt.I. A r ID ..l q. A tn Ina .lfy-
papers OF TIE city. evidence rdIed out, and
Nj. Williams lcIt tAe stand without testiyilg.
MI. Charles >tOrrs, the next WI.Acss, gave MS
count OF the DISCUSSIONS between M I1l,On ami Ills
friends concerning the "Inparute Covenant and
the arbitration OF Mr. IiltOIS Claims against MI
Bowen. tie corrOborated Mr. c. atus testimony IN
respect TO the agreement that the injurious papers
should De destroyed AID related Conversation be-
tween Mr. MJul,ou aud himself on tAat sub
jet. after the arbitration. Wien Nj. Moul-
ton IN answer 10 his inquiries SAID. with
. laugh. 80 yes; | have burned the
papers-tuat lie. Mr.. Beecher thinks have. But II
were TO DO that what would Theodore do If any
trouble should arise - Ii appeared by Mr.. StOTrss
testimony that ne had been on speaking terms with
1Ae plaintiff, aud bad couversed with him at various
times dunng the scandal excitement last Summer
la July MI Iiton told the witness that Mrs. Ilton
had left him aud added that he tAlr. T1tOnl now
felt that the time mad come tor HIM to smash
hiS wife aud Mr.. Bcecncr." Mr.. Storrs also
testified that Mr. Nj uiton had sent for him
10 come 70 see him at his house, and
on his calling here Mr.. MOultOn had asked the wit
ness to tell his brother not TO sign the report Of the
Church Committee aud said that Mr. Beecher was
guilty and had confessed his adultery, and he Mr.
MOultOul was gong 10 drive Mr.. Beecher from
B,ookyn Up 10 this stage of the proceedings after
recess the evidence had been given with few ObJec-
ron. from the plaintiff counsel, and arguments
ot any leugth. he defense now made an effort to
coutradict by this witness Mr.. MOuiton's testimony
Oh cross-ex animation. Mr.. Storrs was asked. Did
Mir. Moulton say Mr.. Beecher IL a liar and hber-
tlue - The witness replied " de SAID that in
substancer The plaintiffs counsel moved to strike
ont the answer. Mr.. Tracy asked that the matter
De left open until to-day, when they would cite an
thorities 10 show that they had night TO contradict
q witness by showing what he SAID IL substance II
they could not give his original words. Mr.. tulleT-
ton made the point that the crOss-examlnatlon of
Mr. MoultOn this subject was ON his exact words
alone and that he was not nteT'0gated on
the substance of his language, and, there
fore could not be cOntradIcted by evidence OF
what II was. Mr. Tracy, amid "A murmur
of appause read from the volume report of the trial
a question put TO Mr.. MoultOn to the substance
of hIs words about Mr. Beccher. Mr. Beach seized
the book and instantly declared With some heat
that the question which Gen. Tracy had read was
on a different subject, and that his opponent had
acted dislDgenuOusly IN reading MIR. I'M came 10
MI Iraeys assistance and declared that the cita-
ton was correct but while he was speaking Mr
Tracy discovered his mistake and promptly
acknowledged IT, and Mr.. MoultOn's testimony re-
NAMED unImpeached By this witness ut least. Mr.
Ga unf unaI lG-