The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-21

Y. quo0v10n, have
you permitted anybody else to read the atements
prepared by you before they were published I? A.
read part OF the second statement to my legal
Q, Did you read II TO anybody else, A. No, sir.
q. Now. Mr. Moulton, were Mr.. Tilton and Mr..
Morris the only two persons which you have per-
mitted to become acquainted with the contents OF
the lettersf A. Yes, sir; to the best OF my reco.
Q. was this suit pending whom you showed the
second statement to Mr.. Morrlss A. don't recol-
O. Did you show that statement to him ss the
counsel or Theodore rltonf A. No, sir did not.
because you deemed yourself to be a party to this
controversy, did you nota A. No, sir:
g. Lss me refresh sour On memory Mr. Moulton,
Your hand <. Yes, s SIR. - VIC '''~ ~" -
0oansei.Look e .hs fourth paragraph rom
rom en- IT, LOOK az 'na' anu '''''n your memory
the witness closely psrused the page indicated.
did not refresh his memory.
z. Did you not publish those statements as q
party to this controversy, or to protect yourself
Counsel for the prosecution here objected to the
rs being with a view to ascertaining the position
Of the witness in the controversy Deiore these
publications were made by him.
MORE FUN,
At quarter past three the counsel got into an
alteration and began 10 cav ike crows. Tracy
repeated a question Inherently, and the counsel
Tor the plaintiff said In chorus, "Awl hal" To
tsis Evar;s and Tracy replied, derislvely, "Ha |
awP' Then all the counsel for the defence got on,
In q stentorian way, Jaw! ha! Ha! awp'
'Order, gentlemen" said the Judge, with
blight twinkle somewhere between his eyes and
his jaws.
Witness replied, l can't answer the question;
published the statements because OF the attack or
Mr.. Beecher upon me.
Mr.. Trncy-Ano as q party to this controversy
before the publications were made.
Messrs. Beach and Fullerton objected to this
construction on the part OF their legal brethren.
and some witiclsms were exchanged among the
Mr. Tracy-Now, Mr. Mouton. coming back to
gave General Butler the facts with which 10 pre-
pare either OF the statements IN the case, did you
sworn to IN your direct examination concerning
POUR interview with Mr.. Beecher on the night OF
Here Mr.. tracy cited from the published testi-
mony OF MIR. Moult0n's account OF the memorable
interview. Tne point was whether ne told Cen
eral Butler that he (MoulIonl had told Mr.. Beecaer
In that interview that Mr.. Tlton had tod MIN or
She confession OF his wife to him, and also whether
Mir. Beecher told him that Tilton had told him OF
the confession Of his wife TO him." Alter some
slight liars" between counsel and after he ques-
lion had been reread: MIR. Moulton replied to the
shsf I N'' ''-' : ''A' ''-N ''-'' % . u'''
Mr.. Tracy continued to read from the or1cial
noies or testimony OF the direct examination,
wherein the question OCCURS ''And now repeat
what Mr.. Beecher said on that subject G'' ana the
answer is that he confessed the sexual inter-
course with Mrs. Tilt0n. -
witness answered that he did not tell General
Butler Of that circumstance that 49, to the best OF
his knowledge, on either OF these occasions.
Q. DID you tell General Butler what you now
The counsel read from the testimony the state
ment that Mr.. Tilton made COPY OF the comics
The witness answered, all that told General
Butler Is In the published statements
touching the interview Of December 80, and asked
the witness whe her he told General Butler as to
Vlven him permsson to visit his house y; the
witness replied that he did not.
M ss CHARGE is m ssis
eral DENIAL" &c. A. think told General Butler
stance as my y recollection is that told MIN the SUD-
q. Did you also take General Butler Mrs.> Til.
and called his attention to It; brought ali Ine
papers III the case to him.
ter to Mr.: Beecher on the night OF December 80
before receiving the letter OF retractons A. No.
o. But you did not state that facrf A. No. sir.
g. Has II not always been made to appear in
with Mr.. Beecher ne surrendered the letter OF re-
traction to you on your demand alonea
mr. Beach said Hold onw and demand was
which he did. slight verbal correction was
made.
WANT OF VENTILATION.
A half past three Mr.. Fullerton, with pale face.
arose and said to the Judge that he must leave the
court room because Of the stlning air there, II
there could not be found some way OF ventilation.
The crowd was indeed prodigious, and while the
sun blazed in the south windows the gas poured
In the reflector at the ceiling. This did
not prevent Mr.. Fullerton Immediately
Directing to something and getting into
not controversy. Beach gong on with
violence, Tracy being mad, Evarts mnglng IN
with his cold voice. and the irrepressibe Shear
man whispering and Tying around with she ami
nation OF humming top for the conflict OF para
meanings. Mr.. Beech stigmatized something as a
mere omission. Mr.. Tracy said 1t was remark
Able omission. Next, repeating his remark,
Tracy with his characteristic aggressiveness,
said wllful omission. The Judge corrected him
instantly. 1t appeared to be much ado about
nothing.
IT WAS NOT FALSE.
q. Did you not know that the representation
that you obtained the letter on your demand
alone, without the letter, was false2 A. did not.
& eechsr
yourself on the night in question: DID you not al
Ways know tnat srue account Of that lnterview
Ing for tne retracuonf A. No. sir; not at the
time made the statement.
the letter OF Mrs. Tilton and during the TWO years
which have interviewed since the commencement
OF this controversy, the manner in which you OBJ
Mr.. "' Beecner by ' use Of MRS. fiisons letter. t
6bjection was made by Mr.. Beach to the cues.
ton, as the letter mad been read to Mr.. Beecher
when the application for the return OF the re.
traction was made.
Judge Nelson SAID the letter had not been pub
Eshed, and MIR. Beach corr ected His Honor by IN
forming him that 1t had, and the fact that the wit
ness had tailed 70 reveal that this letter was not
read to Mr. Beecher at the time mad been accounted
for IL WAS merely an unintentional omission on
his part.
Mr.. Tracy retorted It was a mere omission, and
1t WAS q most remarkable omission. IL was vii.
tul OMISSION.
There was q slight sensation in the pallery upon
the latter declaration, which the Court repri-
manded.
Nj. Tracy said the question Is whether the wit.
ness remembered 1t, and Mr.. Beach remarked that
the counsel should put the questions SO that any
body could understand them.
@. Do you mean to say that you mean to state
that It never occurred TO you to read that letter
Mr.. Beecher until alter you mad published both
your state ents A. No, SIR.
The witness then corrected himself and re.
quested the stenograpner to read the question.
He then SAID III mean 1t did not occur to me ar
the time made the statements; don't want to