New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-28
TESTIMONY OF FRANKLIN WOODRUFF

| Franklin Woodruff called on behalf of plaintiff,
| and sworn.
Mr. FuleOn-YOu are one or the firm OF WOODRUFF hOO-
insOn A. | am
O. And partner OF Francis d Mouton' A. am.
Do you recoect interview between yourself and hr
Mouton and Mr. Benjamin Tracy, which occurred at your
Office in the city Of New Yokat Mr. rracys Office A. do
O When did that occurY A. think it was very shortly
after the publication Of the Woodruff scandal
@ The Autumn Of 1927 A. Yes SIT
Was there more than interview at that Office? A. One
interview between Mr. Moulton Mr. Tracy and myself but
there was one by myself and Mr. Tracy poTthe evening be-
foreto the interview that had with Mr. Moal''h ana MI
Tracy together.
want Won TO relate what occurred at the interview be-
tween yourself Mr.. Moulton and Mr.. Tracy
Mr. Evarts-That we object to- if your Honor please Mr.
Beecher not being present
Mr. Beacl-We already shown 10y Mt houItoh tha' II
was communicated to Mr. Beecher.
Judge Nelson-I think we viii receive il
Mr. Eyarts-Your Honor will note orr exception
Mr. Fullerton-Now state you please a. DO Won want
me to state the interview with Mr. Tracy before The -
O No Sir; interview With you three gentlemen A we
met at Mr. Tracys Office think out halfpast eight
or nine o'clock the morning in consultation growing out OF
this scandal that had been Published by the
| paper
| Mr. Fyarts-Excuse me moment think your Honor may
be wrong If right in my present recollection what was
communicated to Mr. Beecher given in evidence TO Wit
,be witness Mouon was allowed state what he told MI
Bcecher concerning interview that had taken place
Judge Neilson-That refers TO this interview.
Mr. Eyarts-But Mr. Fullerton not allowed to state what
the interview was There is difference between nariang
what he told Mr. Beecher which might have no foundation in
fact "a your Honor may see- of only as m
illustration OF the difference between telling what happened
and proving what happened. NOw, Mr Aouiton was not
allowed to prove what took place between MI Tracy and Mr.
Beecher, and himself
Judge NesOn-lt was unnecessary masuch d. ne 'o'u VII
Beecher afterwards
Mr. Eyarts-We he was allowed to tell what he tod Mr.
Beccher whether not not the question thei
M But he allowed TO prove what took place ana I'M
witness cannot be allowed we think to prove what tooi
Mace II does not make evidence to what took place tina
Mr. Beecher was told that took place In other words I'M
distinction is between proving what communicated TO Mr.
Beecber which good evidence, OF course, Decaue come
10 his ears and then proving that what was communicated
him really place. when took place without MS Peehc
and knowledge. .....,....s - ~.
MIR Fulerton-Well 1t having been communicated 70 Nj
Beecher we now propose to prove that it did take place
Mr. Eyarts-Wel that does not give you right
Judge Nclson-No; the right comes in, If at ALL on IN
theory that Mr. Tracy way represented Mr. Beecher
acted for him.
Mr. Eyarts-Yes Sir, that understand.
Judge Neson-And have general evidence on tina
subject
M Eyarts-Your Honor has not admitted any evidence
vet based on that proposition.
| Judge Neison-It was not necessary.
Mr. Evarts-I don't say it only say is the question
! now before you. But l submit 10 your honor Una
there il no evidence that affects Mr. Trscys presence bein
the presence Of Mr. Beecher and is matter OF some con
siderable importance OF am not aware that there
any evidence that Mr. Beecher has sent Mr. Tracy bis place
so that conversations with Mr. Tracy be proved as CONVEX
satons with Mr. Beecher That is what is now proposed to b.
| done.
| Mr. Fuleron-May 60 on'
Judee Neilson-No am in doubt about this don't wish
10 be hasty about it, would like 10 hear your views
Mr Bcacll-This is the evidence, Sir MI Moulton wa
! asked this question by Mr. Fullerton
90 Now what did you state 10 Mr. Beecer which had beer
stated TO youY A. said TO Mr. Bcecher mat partner MIR
Woodruff was very anxious that should make some Statement
with regard to the Victoria Woodruff publication, nasmnch a.
mauy Of his friends and many Of mlne or several OF MS
friends and OF mine had criticised position IN ref
erence the story that they not only criticised me but tdey
criticised the firm my relations the story and sad Ia
Mr. Beecher that Mr.. Woodruff recommended me. under
the circumstances to take counsel In the matter and
| | said 10 Mr.. Beecher that / had asked Mr.. Wood
ruff whom ne could recommend and he said that lac would re-
commend Tracy: aud said 10 Mr. Bccchef tnat thought
a good consult tue SUBJECT thai nc
had GOOD head his shoulders ana thought would
gge good advice and said 10 hr De.chcr, III you nave nu
objection will consult with Gen Tracy but 60 consult Win
Tracy and his best advice upon the subject VIII
Nv a.sssrs 10 tell Gea. TRACY .e rlIa you baIs Nv w