New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-04
THE JUDGE WILLING TO RECEIVE THE TES-
TIMONY,

Mr. Evarts-Well, if your II lOr please you
see the whole situation IN this Fail ot 1872 was thai
there had been publication in New-York paper In de-
tail protesting be founded upon Mr.. Tlton's evil
dence-information TO the writer OF that article that the
charge against Mr. Beeoher was OF adultery With MIS-
Tton and that the whole occasion for this witness be
ing brought into relation with Mr. Tracy was from the
exigcncics arising the demands OF the friends OF the
firm Of Woodruff & Robinson that that gross charge
should not be LEFT unconra iiced in far as II rested
upon the responsibility Of Mr. Moulton and these pre-
rninary conversations with Mr. Tracy on the part OF
Mr. Franklin Woodruff were 20 see whether he would
come into consultation for friendly advice TO MouOn anu
the firm in respect the duty OF MoultOn in the prem
ises OF dsclaining and contradlcting and whatever
passed before way OF Mr. Woodruff or Mrs Wood
hull or anybody else saying that Mr. TiltOn charged Mr.
B,echer with adultery, had nothing tn do Win the qs
tion NJ whether Mr. Triton did charge That is the ques
t;on and This solemn interview OF sunday night brought
the thing point that he did not charge adultery ana
never had And then Gen. Tracy Ia put to the marx;
81 From that time forward did Mr. Tilfon charge
adulteryi No not until 1874" That is the situ4jlon
Now how Il that line OF Gen Tracy, or Siot position,
contrsdcted by showing that t.ars man. having
no knowledge OF his own not having much
knowledge much ir.crcourse with the party from
whom the informant ID Is alleged 10 have come, Mrs.
Woodruff had dad. and had published it-hOw does that
bear on ie question OF whether Mr. Tltons charge az
made 20 Gen. Tracy always limited TO the less OF
fense the mputatOn qualified and cOntradcted 700,
at that and enlarged itself to this charge until
1874. That IL all that could possibly be material
Judge Neilson-If 7 this II IL not because
gard Mr.. Tracy trial feel any present interest in
any such question; bnt t comes ia merely w motto
through this witnes, TO him. [ think sufficient founda
ton has been laid for IT,
MI Eyarts-Your Honor will he good as to note our
exception.
Judge Ncilson-Yes. sir.
Mr. Beach-Mr. Woodruff. will you please state what
passed between Yourself and Mr. Tracy; what nforma
ton YOU gave him in the interview 10 which have asked
your attention with reference the charge made by Mr.
Tilton against Mr.. Bercher TO Defendants counsel J.
may we'll iii the same question ask with reference
TO the witness and also reference to any cOmmuni-
cation you made him with regard to money for Mrs.
TiltOn.
Mr. Evarts-The first question: about what he said TO
him. must be limited the words that put TO Mr.
Tracy.
Mr. Beach-NOr TO the wOr,ls, to the substance.
MI Evarts-Wel, 10 the substance OF the words
The Witness-I went to Gen. Tracy's Office
Mr. Evarts-The question a. unders and your Honor
to rue-we submitted It, it doubt proper ruling
as well the ruling that governs the case-that they
are putting TO him: Did you say to Mr. Tracy at that
interview that the charge adultery I"
Mr. Blackwell, have put it,
Mr. Eyarts-Did you put II 10 Mr. Tracy
Mr. Beach-Do you wish ME to repeat it, Sir TO the
witness Did IN that interview 10 Mr. Tracy in
substance that Mr. Tiltons charge against Mr.
Beecher OF adultery with his. TItons wife, and If
So give the words you recollect them,
the substance Of them
Mr. Evarts-Oh no answer the first question.
Mr. Beach-You will answer my question put IT,
unless il il ruled ont
Mr. Evarts-NOt unless the Court allows 1t.
Mr. Beach-No. certainly not.
Mr. Evarts-That mas been nec1tved; We were not al
lowed even 10 ask the witness what he said.
Mr Beach, asking whether he said that In sub
stance, aud that the question that put TO Gen.
Tracy.
Judge Nelson think he answer thar. A. told
him
Mr. Evarts-NO no: did Won tell him that
Mr. Beach-Wait. wait; MT pay much attention to
that gentleman Just now.