New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-30
LAWYER AGAINST LAWYER.

'lIee tunes during mOmentary luLs IN Inc PIOVo'u
hhgs several of them consulted earnestly together
mrs beecher sat in her accustomed place all day'
MI beecher was not present. Very few exceptions
nave recently been taken by the counsel ON either
side to Judge NELSON'S rulings, but yesterday
Mr. Evarts felt constrained to depart Ion
TINS custom. He had offered to intro
uuce new evidence in the shape OF an IN
'ernew with Mr. Tracy in relation to the scandal
published in The Brooklyn Daily Union of June 2G
1874. lie maintained that it was competent evil
dence, having been the public expression Of Mr.
Iracys views at that time. 1t was, however, ruled
out by Judge Nelson, and Mr.. Evarts excepted to
the ruling. The direct examination of Mr.. Tracy
terminated earlier than was anticipated The main
ooJect was TO elicit from Mr. Tracy contradictions OF
sumo OF the plaintiffs witnesses. Mr. Evars held In
ms hands copy of the printed report of the plain
th case, and picked out passages from the testi-
mony of Mr. Tton and Mr Moulton which he read to
the witness asking him whether they were true. The
passages related principally to what Mr. Tracy was
alleged to have told Mr. 1ilton about the Invesga-
ting Committee. Mr.. Tracy said they were not
true, denying absolutely with respect to some, and
qualihedly with respect to others In his testimony
Mr. Tilton said that Mr.. Tracy told him, before Mrs
I1lton had gone before the Investigating Commit
tee, he had instructed her what to say, and how TO
say it-put the questions to her, that she might
make no blunders in answering them. This Mr. |
Tracy declared he had never said. He likewise do |
MED that he had told Mr. Tilton that the Committee
would not inquire closely enough get at the truth.
lie called in question other statements that had been
made by Mr.. Tilton and Mr. Moulton. lie also s~ore
positively that Mr.. Woodruff did not tell him that
Mr. Tfltons charge against Mr.. Beecher adultery
with his wife,
Mr.. Beach began his cross-examination of Gr.
Tracy in his usual vigorous manner startling every
body by his first question, which was IN substance
this Whether the witness had Suggested questions
to Mr. Porter when the later was cross-exam ming
Mr.. Moulton. MI. Tracy did not remember doing 50.
when cross-txamining Mr.. Moulton in regard TO
o litigation of Woodruff & Robinson, did you stand
ND behind Mr. Porter and make sugge stOns = asked
Mr.. Beach
:" did not :" replied the witness, with great en- ,
phasis, half rising from his chair.
Mr. Tracy had acted % counsel for the firm of .
Woodruff Il Robinson, and the insinuatons, which
the question might have been thought to convey I
that he had made improper Of professional secrets
probably lent piquancy to his reply.
The cross-examinatiOn, after opening in this ag-
gressve manner assumed the nature of legal duel
between the examiner and examined, and it, progress
was watched with great amusement by the specta-
tors Several times Mr.. Tracy, who took the severe
questioning OF Mr. Beach in great good nature,
laughed heartily at the manner in which he was
brought 10 task by Mr.. Beach for insisting on an
swering in his own way
Considerable surprise was manifested by the audi
tors when the witness was asked whether he was
the author Of the opening speech which he had
made for the defense His face flushed as he replied
that To a large extent he was. Mr.. Beach insisted
on having a more explicit answer. Objection was
made by the counsel for the defense 20 these ques-
tons but Mr. Beach said he wished to show in what
character that opening speech, overcharged with
malignity and" a. he thought, with untruth,"
had been made Judge Nelson permitted the ques-
ton to be asked again By Mr. Beach, and MI Tracy
finally replied that he had composed most but not
all of it.
Gen Buffers relations to the were the princi-
nal subiect of inquiry by Mr. Beach. The particulars
of the consultation between Mr. Tracy and Gen. But
Ter at the Fifth Avenue Hotel in August 1874, were
all gone over. Mr. Beach wished TO ascertain IN
what manner Mr. Tracy had gone into that consulta-
ton This led to another duel of words. Mr.. Tracy
finally stated that he had gone intending to do a
friendly act to prevent the publication of scandal
the effect of which would be to breed demoraliza-
ton. lie denied that he told Gen. Butler |
that he appeared the representative OF |
MIR Beecher Questions about Mr.. TTacy's |
visit TO Boston to Gen. Butler last Summer |
led TO an amusing scene Mr.. Beach was endeav- |
oring 10 find out whether he had gone with or with
ont Mr. Beecbers consent The witness insisted that
he could not answer without entering into an ex- |
PLANTATION.
"Irs a mere speculation, Sir" he said. "Ah!
sneculatiop Sirw exclaimed Mr., Beach in an indie
scribabe manner that set the audience into muihed
roar of laughter isn't it a conclusion in your
mipdYr MI Tracy at last said that he never sup |
posed lie went against Mr. Beechers wishes |
This Mr. Beach declared the answer which
he had been for a long time trying to get. |
The witness insisted that this the first time the
form of the question had admitted OF that answer
Mr. Beach then called for the reading OF the preced-
inc ouestions and answers. THE TRIBUNE stenog- |
rapher accordingly read them, beginning well back,
and an amused expression on the faces OF both MIR.
Reach and Gen. Tracy gradually deepened into a
smile as they listened appreciativey to Their words
which had been very earnest when struck OIL at
heat but which sounded very funny when read by
third person.
Once Mr. Tracy had answered. g don't remember
definitely"
DEFINITELY exclaimed Mr. Beach, what are yoa
covering up under the word defnitelyp
Nothing replied Dir. Tracy, with laugh. Inc
interview between Mr.. Tracy and Gen. Butler, at |
the formers room, Immediately after the Fifth Ave-
ono If he nrincpai |