The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-15
MIR. Beeoher's cros.-ExaminatiOn.


The thing which most strikes the public IN
Mr.. Beechers replies to Mr.. Fullerton's ques-
tons is the extraordinary imperiection OF his
memory respecting certain classes Of events
We attach no importance TO the point raised
By Mr.. Fullert IN in the outset as 10 the man
ner in which Mr.. Beecher chose to be sworn
1t is a mere form, which the law properly leaves
to be decided by the person taking the oath.
The only legal effect Of an oath, in whatever
form taken, is to subject the swearer to the
penalties of perjury if he swear falsely, and
these penalties do not depend on the manner
of the OATH As question of moral obllga-
ton or religious sanction the difference be-
tween forms OF swearing is equally frivolous.
A man who swears with uplifted hand as
strictly binds himself to tell the truth as if
he kissed the leather binding OF q Bible,
and he has as much reason to fear future
punishment for perjury under the one form as
under the other The only mistake, if any,
which Mr.. Beecher has made in this trifing
matter was in saying that he had conscientious
scruples against being sworn on the Bible,
when it would seem that, in point of fact, he
was sworn in that way before the Brooklyn
Grand Jury no longer ago than last fall. Had
he reflected on this subject sufficiently to
make it matter of conscience, it is strange
that he cannot now recollect in what form he
took the oath on so recent an occasion.
As we began by remarking, the most note
worthy thing in Mr. Beechers cross-examina-
ton is his singular and repeated failures to
recollect certain classes of facts. The gen.
eral character of his testimony on cross-ex-
animation is a close repetition of what he
swore to in his direct examination so far as
Mr. Fullerton's questions cover the same
ground, but an almost total oblivion OF ex-
ternal facts to which he had not previously
sworn. He cannot remember whether he did
or did not take drives with Mrs. Tilton in
close carriage, and declines to swear either way.
He is equally unable to recollect whether he
did or did not drive with her in buggy to
Greenwood ; whether he did or did not walk
with her frequently in the streets; whether he
did or did not go with her to Sarony's;
whether he did or did not take her up or SET
her down in their drives at some other place
than her own door whether she did or did not
visit him at his house in the absence of his
wife, and great many other things of the like
character. This is cautious and perfectly
safe method of testifying, especially as
to external facts which might have fallen
under the observation of other persons. If
the plaintiff should be able to prove that Mr..
Beecher did do some or all of the things in
respect TO which he has no recollection the
only consequence would be to show that the
specific facts were true, but not 10 break
down or impair the credIbility Of the witness.
In case in which it is so manifest that there
has been perjury on one side or the other
1t is all important 10 Mr.. Beecher
not to Icy himself open to contradiction
by rebutting evidence from other persons
than Tilton, Moulton and Mrs. Moulton. He
has staked his veracity against theirs, and the
one thing which he cannot afford is to have
his truthfulness impugned by other witnesses
than the alleged parues to the conspiracy.
Only he and they know what passed between
him and them when alone, and point blank
contradictions between these witnesses only
raise questions of veracity which cannot be
settled by the testimony of disinterested wit
nesses. Mr. Beecher is prudently cautious
not to lay himself open to contradiction by
persons who would have no mo-
tive to swear against him, and
very properly refuses to testify one way or
the other about things he does not remember
1t is supposable that somebody may have
seen him do the things to which Mr.. Fuller
toms questions seem to point, and too great
a confidence in his memory might therefore
be fatal. But he swears positively enough TO
what did or did not take place in circum-
stances where he was exposed to contradic-
ton by nobody except the alleged conspira-
tors. 1t seems pretty clear from Mr.. Beecher's
manner of testifying that he is to be in no
danger from rebutting evidence.