The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-04

unul August. 1874 ana Wlen On t.o witness ana
ne presented that 49, ~ - cuse lot MS obligations
TO Nh. tlltan They, therefore, proposed to snow
tnat IN an lnteryie~ wltn the witness. followed W
the confidential interview between the same gem
tlemen. 1Lton, Tracy ana MOultnu, Mr.. Tracy was
explicitly informed Of the charge made by MT,
THon. rney would snow thar aiter that he mad
continued hs connection ana confidential rela-
IONS WIN Tracy ana MallltOn - - the events OF
ths scandal rneJ proposed 70 snow nat General
Irac', priOr 10 the summer o. 1874 which released
hun lom MS professional o0hga ions. well knew
ana understood vat toms charges, when IN the
language ot Mr. Eeecher
YOU CONE 70 fHE BOTTOM FACTS
81 this cAarge, tnat fracY Wen understood what
was Ene extreme aud criminal character 81 we
accusation AGAINST Mr., Beecher; thl. circumstance
they proposed 10 give Ia con raalction OF Tracy IN
order 10 snow that at The time Of this nteryiew,
IN the tall o 1872 he well understood what was
the exact nature Of this accusation; that he
knew what il mas been since then, the same as
he does to-day. Traey's attention nad been called
Mr. Evarts in MS reoinder saia thar the grosssr
charge y as unknown TO Mr. Tracy until the pub
ncatlon OF the card In New YORK newspaper,
charging Mr.. beecher with adultery. he argued
the inaamissibility oi the testimony as 10 what
passed be aeen Tracy and Mr.. Woodruff Tllton
mad denied the charge OF aauilcryi IA 1917 10
Tracy, and he did not enlarge the accusation TO
TINS clArge TIL 1874. That vas the situation.
judge Nelson SAID he thought sufficient onnda-
non 10 show the relatoas EXISTING between the
Iral but tHat the basis hau been LAID 10 establish
IL as competent.
you gave General Tracy IA the interview wltn him
with reference TO the cha Re against Mr. Beecher,
ana also what reference 10 any communication
with regard to money being PAID Mr. Titon'
Mir. Eyarts objected 10 tnat general form OF
question.
interyiew-did you say 10 him, either IN words or
IN substance, that Mr.. Tlton's charge against Mr..
Beecner was OF adultery with Mr.. Tilton's vile,
aud ii SO, what did he say
MI. Evarts obIecUed 10 the question, but the
question was admitted.
The Witness-l told him
Mr. Evarts-Answer merely ayes" or "no.n The
question was. did you say that
TIA /
dence from
Mr.. Evarts-No, no.
Mr.. Beach-You can tell whether the charge was
adultery. or Ia substance that.
the witness replied tnat he was trying to ex-
plain TO Mr.. Eyarts.
Mi. beach, told you not TO pay much attention
10 anything Mr.. Evarts says; l know you can't
help II, ne is suca very seductive man.
Q. DID you in that interview say to Mr. Tracy
that Hilton had charged Mr.. Beecher with adul-
terry with hts wife A. l did say 80 10 General
Tracy.
THE FIVE HUNDRED DOLLARS ADVANCE BY nR.
BEECHER
o. DID YOU say to Mr.. Tracy that Mr. Beecher
had advanced the sum of $500 for the use OF Mr..
IllIon,s amlly, or In substance that
Mr. Eyarts objected. as that did not come under
tins question-knOWledge OF the Nervousness OF
the charge. 1t not collateral impeachment.
Mr.. Beach saIc he would IN time get at IL. Gen.
eral Tracy mad denied mat he mad SAID what had
been charged on the subject Of tnat $500 ADVANCE
to Mr.. Ilton's FAMILY. rney wanted to prove
there was some communications about money be-
lore they could give the renscuon thai Tracy
made about IL. Counsel tnen read rom the teStl-
mouy Of General Tracy as 10 Mouton's having told
HIM he got $500 from Mr.. Beecher 70 put to the
benefit OF Tilton's family. TINS line OF testimony
could not be made the SUBJECT Of collateral I'M
parchment unless by extra Judicial evidence.
Bur this Is not evidence OF that nature.
Mr. Beach said that at this in tervlew on Sunday,
ane against the evidence OF Moulton and TlltOn,
General Tracy had sworn that the ouly charge
then made was or improper solicitations, and he
denies that the cnarge was sexual intercourse
between Mr.. Beecher and Mrs. Iilton. They
would try to show that the charge then made was
question OF veracity was to be determined as
between Tilton, Moulton and Woodruff on the one
hand. and Tracy on the other
Judge Neilson-Tnere Is large amount OF testi-
mony Ia about money transactions, some OF wnicn
went TO support Mrs. Iilton ana other sums TO
pay Bessie Turner's school bills. In that sense 1t
was pertinent, but be dldn't see how IL was I'M
povtant 10 show Mr.. Tracy's opinion as 10 the
the Court finally ruled that the witness could
answec whether ne told Mr.. Tracy that Mr..
Beecuer mad given $500 30 Mr.. Titon's family, but
they could not go outside OF that.
Q. Wen, Mr.. Woodruff. did you tell Mr. Tracy
tnatg a. did give that information.
Mr. Evarts saic they did not object TO the qnes-
ton 10 that iorn.
10 Tracy that ne ddu't make charge OF adultery
against Mr. BeecnerS
objection vas made Dy slr. Evarts as he sup
posed tie coua sci formed the question from rec0-
lection. Mr. Beach claimed ne had a rlgnt 10 offer
Il as reouttal ana contradictory evidence. Mr.
Evarts authorities on the subject OF the rules
of evidence bearing on this hue or examination.
Judge Nelson ruled that the witness could only be
mr. Beach contended that they had right to
show that 1T tnat interview he related the TACT
Of rne charge having been made OF sexual In
tercourse, Dut wnen Tracy came on the stand he
says IL l. not true he says that flton SAID TO him
AZ PURE As snow
Mr.. Tracy sald sue was pure woman. There
was not word about snow ~ my testimony.
Mr. BcaCa-1O mncn the better Tor the snow
Q. Ia tAat interview dId Mr.. Triton, either in
WORDS or IN substance, In your nearing, say bis
Va aQulterY-Ilat
was a pure woman z
Objected to Dy Mr. Rvarts, who read from tho
evidence Ok Mr. Tracy, IN which the latter re-
counts the interyIeN he nad with Mr. Illton,
wherein he asked hin whether ne accused his vile
lMrs. Iiitonl OF adultery with MI. Beecner and
40 NY WIPE Is 4 PURE WOMAN
Mr. Beach replied, ana said that Generel Tracy
had testified That ne does MOI remember tne
pnrasegiOgy OF Mr. Tilton. Tie counsel only
wanted 70 know what had been said IN substance
10 witness We'll. sir, Old TINS occur. ITO the
Court.l But can't ask the question without re-
lerring 70 the question whicn mas been Denied Our
Witnesses nave denied that any sucn paper as the
.true s,oryn vas ever read on that occasion.
NOW, Mr.. W oodrun, during that conversation or at
any time did this occur either In substance or in
words dd Mr. Tracy say TO air. Tilton You CO
not charge Mr.. BeecAer OF adultery with mrs. TIL
ton. y ana did Sir. Tiiton say 'No, my wife u q
pure woman.u A. lhaye no recoDecuon; don't
Mr Beach proceeded 70 scan the pages OF the
Official report II the evidence OF General Tracy
upon tnls point, when Judge Nelson remarked,
.lou are taxing much evidence, am not sur
pfG.eu tNHE YOU can 4 uAG IT, tLAuHUtefl.
q. Mr.. WOoarun. did snytalng IKE this occur in
language or IN substance. did you hear air. Iilton
caarging Mr.. Beecner with adultery and saying ne
could prove ~, ana MI tracy saving 70 him win
y9ar vie. Mr. ltltOnF and M. Iiltou saying.
'sNo with another woman or otner women" DO
you remember any thing Of that kindI A. No,
nothing that remember.
Mr. Beacn-Well guess that covers the whole
or THIS branch OF examination. Your Honor, our
recolecuons one COUNSEL diner az 70 whether Mr.
WOOdrun spoke In MS direct examination In re-
GARD 10 the "true stOryn
Mr. Eyarts-l am certain he did.
The wltness-I did.
Mr. shearman-We VIII crossexamine the wit
ness in the morning
Inc Judge SAID, ''wel, n the jury are content and
IN order " economic lime We viii conclude with
this witness tO.day.n
Mr.. Evarts said mat It might not be agreeable TO
the Jury.
Judge Nellson-They re all peasant-ooEing me q,
aud THINK t1ey Will not OBJECT 10 remain.
Foreman Chester Carpenter-We are all willing
10 CO. Your Honor.
Ju1ge Nels0n--On. we are an wiling o 90 that;
I bur Z willing rnmaLne " 40