New-York tribune., 1875-01-22
LEGAL ASPERITIF,S.

There were several unusually lively controversies
between counsel yesterday which added greatly 10
the interest of the proceedings Encounters of this
character relieve the mOnOtOuy OF the exam nation,
and never fail attract the close attention OF even
the duest-mnded spectator. In the art ol repartee
1fr. Fullerton. Mr.. Beach, and Mr.. Evar,s overtop
the remaining counsel Gen. Tracy on one OF two
occasions stung by the rapier-like tbrusts of ex-
Judge Fullerton, has tried 10 meet MS adversary
with similar weapons but could hardly have been
altogether pleased with the result.
Mr. Beach, in the course OF MoultOu's examination,
made a statement in regard t. the testimony of the
witness which he found to be incorrect. He there
fore apologzed. Gen. Tracy smiled somewhat saT-
donically, and remarked dTyly that he was
glad that counsel had made at least one
correction. You will always find me correcting
myself when / am wrong replied Mr., Beach
"Yes l am glad that you do retorted Gen. Tracy,
az be glanced at Mr.. Fullerton, meaningly. The
latter famed up in an instant then, IN his pecu-
liarlv sarcastic way, said to Gen Tracy, I'VE hope
that you will not attempt TO correct All your mis-
takes, for it will take up all your time. We
want TO 20 on with this trial. On
another occasion Gen. Tracy told the witness
that he was reasoning and not answering the
question put 10 him. Mr.. Fullerton broke in, in an
undertone, Yes reasoning and that is where we
have the advantage of you"
Ex-Judge Fullerton appears to have a strong an-
tpatby to Mr.. Tracy This feeling If II exists can
be explained by the fact that some years ago Mr.
Fullerton and Gen. Tracy had bitter legal fight il
one Of the New-York courts.
Mr.. Shearman also came IL for share Of Mr.
Fullerton's criticisms yesterday, bot he received
them good -naturedly, and with apparent unconcern
While preparing to read the alleged letter Of con;
triton, be remarked that be should read the
punctuation just as II was in the paper he held
You cannot read punctuation, but you may OBJ
it, SAID Mr. Fullerton sharply and the trivial
criticism brought a grim emile 10 Mr. Eyartss
features. Mr. Fullerton made another thrust at Gen
Tracy in the afternoon. This was hen the latter
asked Mr. Moulton if he could tell him bow to pune
tuate. Mr.. Fullerton, in very bland way objected
to the question: If counsel is asking for his own
information l don't object, otherwise / do.7 The
spectators smiled and there was Just the faintest
twinkle of mrth in Judge Nelson's eyes as he
raped for order Ar. Fullerton remained
Quiet for the remainder of the day, but
Judge Beach availed himself Of every
opportunity to take Gen. Tracy to task
The crossexaminer in exhibiting tho letter Of con
tritlon" TO Mr.. MoultOn, asked him If he generally
spread 90 little matter over so large a space.
1T strikes me- remarked Judge Beach in an IN
dertOne audible only to counsel and few reporters
cit strikes me that the learned counsel is spreading
much smaller matter over much space
An incident occurred during the afternoon session
which seemed TO afford little satisfaction to Mr.
TltOns adherents. Mr.. Evarts Oh rising TO address
the Court told rather sharply by Judge Nelson
that his efforts 10 instruct the Court were uncaled
for but the lawyer addressed did not appear at all
disconnected. and blandly dsavowed the intention
attributed 10 him.