New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-01

will allow to ASH that settlcd A rule Of evidence
that when foundation is laid for collateral impeachment
by the calling Of another Witness that In advance Of the
determination Of the counsel whether that witness will
be called or not and in consequence Of the opening Of tho
point the witness prior to the calling Of any conradic
tory Witness is not only In his right at liberty TO
state what did occur but 1t Ia the right Of the party to
draw from him what did That, believe Is mat
ter not In the law Of evidence and sup
pose IL is to he well settled And then. II after
what he has said his direct and what he has said
his the other side call the witness TO contradict
him. then 1t is just to the witness attacked And H.
after hearing both sidesthat s the direct and cross
the party conclude to call the contradicng Witness
why. that Is very well believe that IL settled ITO
COUNSEL Is not that sol The point H. the reason that
you required to ask the frat witness about the matter
il that he shall have his opportunity to state what the
thing Is concerning which you propose TO contradict
Judge NesOn-I recognize that In assuming that INFER
view the witness thinks he did not the express
sion put him by the counsel; yet II In certain sense,
however remote he does remember to have used some
expression which would amount to the advice to get rid
Of Mr. Tton discourage his presence, think the wit
ness Ia competent to state that.
Mr. Evarts-Yes and that is already stated just now.
Judge NeilsOn-Yes.
Mr.. Evarts-I asked him If anything had been said
about the desrabiity of having him out OF the house
Judge NeisOn-Yes IL seems to me that Ia proper, Sir
Mr.. Evarts-Now, Mr.. Tracy, will ask you whether
whatever you did say that subject was said by you
voluntary remark, or In answerOr was ELECTED by
what Mrs Moulton saidi
Mr.. Beach-we suppose that must be, Sir by stating
what sal II to into 1t. We certainly don't
10 take the judgment conclusion Of the witness
Mr.. Evarts-we Sir, merely whether 1t was voluntary
mott
Judge Neison-I think he can answer that.
Mr. Evarts-Mr. Tracy, how is that A. 1t was in an
to the suggestion and statement Of Mrs Moulton
MA into -pnt hp
10th of August interview, but prior one-you were
asked whether you said anything about destroying the
papers they will destroy you meaning the Moultons
and "tha the truth must not out consider the in
nuence society Mr. Beecher must not be cut down."
something of that kindi Wasn't it 80, Mr.. Beachi
Mr. Beach-Yes.
Mr. Evarts-very well now, did anything of that kind
arise III conversation between you and Mrs Moulton at
these interviews separate from the interview of the 10th
Of August A. No, Sir.
q. Now, what did pass between you and Mrs Moulton
al OF these prior interviews that have relation to TINS
subject about the injury to society and to Mr. Beceher or
what nOtl A. l say nothing that remember: recall
nothing; that is, at the prior interviews, prior to
O. Prior nterviewsat the prior interviews. prior to
the 10th Of August that is the whole subject of my in
quy. l will come to the 10th OF August afterward A.
II correctly understand your question, mean to say
that do not remember anything passing between me
Mouton in regard to the running of Mr. Bcecher
or the running
O. II not the ruin
Mr.. Sbearman-"The injury TO socicy"-
The Witness-Oh! the injury to society"
Mr.. Evaits-I read IL to you: "Thc truth must como
ont consider the injury to society,"" A. We'll, now,
there was nothing said between Mrs M0uton and
about the truth not coming out there talk between
Mrs. Mouon and Imore than One-as 10 the effect upon
society of this scandal after the Bacon letter and when
the scandal going and how demoIazing 1t was,
flowing IT,
that talk twice. perhaps more, between Mrs.
MOulton and l.
O Did you introduce the subject did Mrs. Mouon
A. Oh well, can't hardly say; when was there l saw
Mrs. MoutOn, and we became acquainted and we used
be conversing together; cannot undertake to say
who introduced any particular subject OF conversation
@ Was there any dispute, or difference of opinion be-
tween you these topics A. No. Sir; Mrs. Mouton
and always agreed