New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-15
A LIVELY ENCOUNTER BETWEEN COUNSEL
AND WITNESS.

LIVELY ENCOUNTER BETWEEN COUNSEL
AND WITNESS.
O. Did he tell you it purported to be letter
a memorandum A don't recall that Sir.
O. Now SIR. Beecher, IL up to that time, June !, 1873,
you had no information regard to that letter other
than what you have told u.s. then will you please to sc-
for the language OF the letter you wrote on that
day to Mr.. MOulton, which was as follows
SUNDAY MORNING. June 1, 1873.
MY DEAR FRANK: The whole eartD Is tranqlIl lie
serene BELTS who has about finished his
worldlife. | could do nothing on saturday.my head
I have determined TO make no more resistance. TheO-
dores temperament such that the future. even II tenn
pOrarily earned would be absolutely worthless nlled
with abrupt charges and rendering liable at any hour
or day to be obliged TO stutiy all the devices by which
have saved ourselves 1t only fair that he should
know that the publication OF the card which he proposes
nen was made after my letter through you was written
Then, did you know at that time that it was in the
form OF letter and written through MoultOni A. Why,
it was very simple Sir The thing called letter. 1t
might have been called paper-anythng; but had
already had my interview with Mr. Tracy in the Deem
Der OF 1872, and that letter written Sunday,
June l, 1873.
@ But you have told US that Mr.. Tracy did not give
you copy Of it, its forml A. He did not state
its form, but he stated its substance and intent
O. Did he state to You that it in the form OF let
ter written through Mr. MoultOni A do not recall the
designation which he to the but the drift and
analysed
O. lam not talking about the drift contents; I am
asking you this question: the light OF the information
which you say you had got OF that letter up to June l.
1873 how did you to write as follows: The agree
made after my letter through you was written
A. Very obviously I gave the irstI did not sit down
and make accurate title to it; took the title that
happened to come TO my mind.
Q. You say to-day that it not your letter. How
did you come to think the 1st of June 1873 that it
your letter. A. 1t spoken of to me as such by
Mr. Tracy.
@. asked you but a moment ago whether MI Tracy
informed you it in the form OF letter, and you
told me he did A. said Mr. Tracy informed me of
it as a communication from through Mr.. Moulton to
Mr. Tilton.
Q. When did you say that, pray A. say it now If
didn't say ii before.
Q. Didn't you say a moment ago that Mr.. Tracy gave
you such informationi A said to you that Mr. Tracy
spoke of the document without quoting it, and that he
gave quite analysis Of it, and l added that he
stated it as a document which did from TO Mr..
TtOn.
O. Didn't put the direct question you, in many
words Did Mr. Tracy tell you that it in the form Of
let err written through Mr. MoultonF and did you not
tell me, " No, he did notp A. still say
Mr.. FullertOn-No, not what you still say it is
what you did say. A. / don't know Sir cannot tell
about that.
O. Well do you say that you remember that Mr..
Tracy told you it in the form of letter written
through Mr.. Moutoni A. cannot say that he used
those words.
O. Did he say anything that conveyed 70 you the idea
that letter written by you through Mr. Mouton
A. lie conveyed to me
Mr.. Fullerton-Answer my question. Did he convey
that to yOul
The Witness-EXcuse me.
Mr.. FulertOn-I have.
The witness-wiI you repeat the question have it
read
Mr. Fullerton-I will have it read. ITO the Tribune
stenograperl Please read the question.
The Tribune senographer read the question rs follows
Did he say anything that conveyed the idea that
it letter written by you through Mr.. Moulton!
The Witness-You wish me to answer that
Mr. Fullerton-You asked that TO be read with view
OF answering itt
The witness-Yes, Mr. Tracy spoke OF the document
Mr. Fullerton Ito the Tribune stenographer-Read
the question again. please.
The Tribune stenOgrapher read thequesOnas follows:
Did he say anything conveyed you the idea that
1t letter written by you through 1lr M0ultOni
The Witness-He said to me
Mr.. FulertOn-No.
Mr.. Evarts-You asked for what he said
Mr. Beach-We don't ask for that he said ask he
said that
Mr.. FulertOn-If he conveyed that idea 10 him.
Mr. ito Judge Nelson They ask him not what
he said ask him if he conveyed an idea to him and
when he undertakes say what he said they object to it
5 answer.
Mr.. Beach-Yes exactly we do.
Mr.. Fulerton-Is that proper answeri
Mr. Eyarts-They to judge il it didn't convey
idea
Mr.. Fullerton-I don't ask any to Judge but the
witness for his Judgment as to what conveyed
at the time Of the communication. and no one elses
Mr. Evarts-You asked whether Mr.. Tracy conveyed 20
him idea
Mr.. Fullerion-Yes.
Mr. Evarts-Not whether there was an idea conveyed.
Mr. Fulerton-I asked whether Mr. Tracy conveyed the
idea that IL was a letter written by him through Mr..
Mouton.
Mr. Evarts-After YOU get through with what Mr..
Tracy conveyed him. then, you ask him that
ton.
Mr. FullerOn-Ithank you for the privilege, but don't
enjoy it until get through with the question have
already put
Mr.. Evarts-I am talking OF the question you asked
hthat he has a right to answer-what Mr.. Tracy told
him.
Mr. Fulerton-He has right to answer that. don't
want to know what Mr.. Tracy told him, but want TO
know the fruit OF what Mr.. Tracy told him
Mr.. Evarts-The fruit
Mr. Fullerton-Yes the fruit did he get the idea from
from what Mr. Tracy told him. whether it il in that forml
Judge Neson-It is very simple question.
Mr.. FullertOn-It IL.
Judge Neson-I don't think il calls for a conversation.
Mr.. Fullerton-NO Sir.
Judge NelsOn-AthOugh, after he answers your qnes-
ton. perhaps he may in regard to that ITO The
Tribune stenOgrapher Read the question.
Mr.. Beach-Wat
Mr. Fullerton-Did you get the idea, from what Mr..
Tracy told you that this paper in the form Of let
ter written by you through Mr. Moultonl A got the
idea
O. Did You get that idea A. No Sir.
Mr. Fullerton-very well that is TO my
question.
@ Then. Mr.. Beecher where did you get The informa
ton from enabled you say you did in the letter
of June l. 1873 The agreement made after my