The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-21

10 mr.. beecner; 10 not think he ever saw IL
! MouLTON AS FRIEND.
Frank MOulton's response to Tracy, as to
! whether he was Mr.. Beechers friend when he be.
gan to act for Tlon. was one o! his coolest bits Of
dialect. 1t was Tracy's object to have him answer
no, and thus MAKE 1t appear that he was inimicpl
to Beecher at the time Moulton said II was no,
his enemy" Tracy bore stubborniy for an an
! swer. The witness appealed to the Judge TO lei
him discriminate. Then he said, III was not his
intimate, personal friend; l had known him
| pieasurably and was not his enemy.n Moulton's
air is that Of one perfectly seasoned in the wit
ness box. His voice IL less sharp than formerly
and he plays the witness like one playing q game
OF chess capturing the jury BY good nature and
ready sense
Witness-I think Mr. Triton LETT my house quite
late on the night Of the 3otn; saw him again on
the morning Of the 3lst; | do not remember
went TO business; sometimes went TO the dock
and returned; +! believe / went 10 Mr.. Tltons
Vent with me- A 70 ne best Oh U my recoIIeesion
went to the house and saw Mrs. Tilton; saw her
in bed do not re%emDer whether she was Vas sick
or well; think she was III.
e Do you mean to say whether she was Ill or
Judge Neilson-He has answered that.
Mr. Beach-He Is lot physician; how can he
Judge Neilson-No.
Mr. Evar5smoant Your Honor ten Il, whether
- L
Judge Neilson-No; not always.
Mr.. Evarts-We know how SICK she was, how in
can't tell us wnetner he knows or remembers that
TINS woman was sick or well Of that time.
siaymsn says OF LADY he visits .she was Iii, he
thinks,n think It Is fair answer and a full an
swer; You may ask why ne thinks Kiss she was ~:
in her room; do not remember whether Mr. TIL
ton went to the house with me; l rode to the
house; do not think Mr.. TlltOn rode with me; to
the best OF my recollection he did not; do not
recoiect W no was IN the house when went there !;
do not remember the hour went there; do not
recollect whether TiltOn was there.
Q. Was that letter written in your presences A.
Don't remember whether 1t was or not
Judge NeilsOn-Why repeat that, Mr.. Tracyf
Mr.. Tracy-Excuse me- sir.
MORE TROUBLE.
The Judge Directing mildly to the question of
Mrs. Tlton's Illness at fixed point being asked
four times Mr. Beach interposed, saying. 'The wit
Ia not physician" Tue Judge assented to this,
and Mr.. Evarts holly addressed the Judge in Of
his swelling cadences, clear as the earliest crow Of
the aroused cnanticleer. The Judge coolly reas-
serted his position and kept the witness under a
certain amount of protection. Moulton has got
In the habit of studying three points in the court
room-nrst, the defendants counsel; next, the
PLAINTIFFS counsel; lastly, the Judge. 1t was not
apparent all day yesterday that any great advan-
tage was gained over him. although the day be-.
fore the plaintiffs counsel we're very well pleased
with their work.
Witness-I DO not remember whether that letter
was written in my presence or not; do not re-
member whether got this letter from Mrs. Tilton
At the house or whether II was sent TO me by mes
to me by Theodore llton; lett my house on the
night OF the 3lst, after seven O'Clock, to go to M.
was not 1T home when called, but when re-
turned he was waiting for me; believe we had
sad 10 h ne e should
subject or rnat rather strange interview, aud re-
called some lhtng OF the conversation OF the pre-
viOus evening to him, and said to him. "YOu
got Theodore's PERMISSION last night to 60 down
and see his wife, ana you procured from her q re-
traction OF her confession, and you procured what
must term q lie, ana think you were guilty
OF great meanness IN doing that: l think you
were - told MIN that mad received note from
Theodore in the morning, asking back the con.
fesslon OF his wife, and tnat had seen Theodore
and ne was very angry aSouS ms cona"ss ana
guidance Of God In what you did, but at the same
time there may be Providence In 1t, after all; |
have come Tor that retraction; think you had
better give 1t up TO me; l Will burn both the con.
fession ana the retraction in your presence II you
letter which elizabeth Tlton had either sent or
given to me, and read also letter which TheO-
When his wlIe informs hum Of the recantation
and ne SAID TO me that this recantati0n
am giving his language as nearly as can reco-
him, .'Mr. Beecher you have had
CRIMINAL CONNECTION
paper. don't see how you could perform two
such acts. Mr.. Tllton's disposition last night
absolute. He sad that no matter what might come
to himself lie would protect mis- wife and family !;
he intended to DO that. And Mr.. Beecher then
said to me, with great sorrow, weeping. that ne
had loved Elizabeth Hilton very much; that
ms ove "s ne e nae az an ne
sion OF that love. was Just as natural in his opinion
he had thought. IS the language he mad used to
her; shat II he had fallen a. all he mad fallen
tnrough that way. through love and not through
lust, or words to that effect And he said =
In case l was attacked, but with you,
throw myself upon your friendship and upon what
parties" ana 90 was leaving MIN he said. as
nearly as can recoect ttnat part OF the language
saeas Se
power to save himself and tnat was the substance
OF the interview. He gave me back the retraction.
Mr. Tracy-Q. Now, witness, Will you explain
to the Court and jury how 1t happened In repeat
ing mr.. Beecher's remarks you nrst said that he
said his expression toward Mrs. Tton-tben cor
recting yourself you said his sexual expression
toward Mrs. Iilton-wlll you tell US how, explain
not the :p sos w
8. In repeating Mr.. Beecher's language on this
occasion, you first said tnst-
Mr. shearman-rhat he considered his express
sion. Then he stopped and said, MS sexual ex-
Mr.. Tracy-Q. Can you tell how you happened
why you repeated 1t In that wayf A. Why, I
O. Are you aware that you made exactly the
same mistake on your direct examinaton2 A. No.
U MOI aware Oh the laCtY "A. NO, Sir.
Mr.. Morris-If this Is to be read, ask that II DO
read from the original stenographc notes.
Mr. fracy-l am not gong to read it.
Mr. MOrris-Because they are incorrectly re-.
ported and that Is not the only inc0rrecton.
Judge Neilson-Errors win creep into the press
MIR. Morris-I call, then, Tor the original steno-
graphic notes. The photographer called my atten-
ton 70 the error himself and l saw that II was
incorrect.
OFFICIAL REPORTS.
When Tracy drew out OF Moulton Beecher's al
legged confession to him or his love for Ez abeth
Tton. after getting the retraction from her which
Moulton had recovered, there was q sort OF sen.
sual leaning forward IN the audience. Mr.. sherman
appeared In the cross examination orally, and
this led TO long debate against the correctness
OF one OF the newspaper uerbattrn reports. Mr..
Beach. who 10 aggressive. made an attack on the
New York Tribune not Tor it's opinionatedness,
but ~ he said for the poison 1t instled into the
prefaces, which were not ordinary descriptive
reading matter. but were to be embodied in