The Portland daily press., 1875-04-30
THE SCANDAL.
Continuation of Tracy,s Testimony.

witness SalQ,-l neNeT nave Deeu Ill dtIoA
ney for Tilton. was asked to aid the church
committee in the examination of witnesses as
friendly act,and not for compensation. Soon
after the commencement of this action l was
asked by Sherman to become counsel for
Beecber, but would not accept retainer I'M
til about September, when other counsel had
been appointed. 1t was when plaintiff gave
evidence of interview in which l was repre-
scented by him as counsel for Beecher that the
question whether / should be a witness was
considered and submitted by me to others.
A file of the Daily Union for 1874 was
produced and the report of the interview with
Tracy, then published was offered in evidence.
Mr.. Evarts insisted on the Importance OF
this public declaration of his views, known
to Tilton and Moulton, taken in connection
with their treatment of him afterwards.
The court would not allow it to be read,
but permitted the fact of public declaration
having been made, headed Mature of the
scandal displayed"
Witness was then asked about his CONVEX
sations with Mrs. Tilton, prior to her exam
nation before the church committee. He
said on the afternoon of July 9th he learned
at Beecher's that Mrs. Ovington had come
there with message, and that Beecher did
not desire to receive communication from
her, but that Tracy should see her. Witness
went around to Mrs. Ovington's and intro
duced himself to her.
Judge-You learned that Mrs. Tilton was
theres
Witness-I learned that she was not there
Qaughter).
In continuation witness said it was ar
ranged that he should see Mrs. Tilton, and
the next day she was introduced to him by
Judge Morse. The object of her visit was
stated in. the presence of Judge Morse,
Mr.. and Mrs. Ovington. She had
private conversation with her step
father, Judge Morse, and then
the Committee, and they came to Ovington's
Witness then notified Mrs Tilton that the
committee were ready, and she and Mrs.
Ovington went up stairs. He heard all the
questions and answers on her examination.
The day after, he had an interview by ap
pointment with Tilton at Moulton's. The
main subject of the conversation was the ap-
pearance of his wife before the committee,
and the appearance she made. Tilton asked
him how she came to go before
the committee. and witness told him the facts
how he first met Mrs. Tilton, how she de-
termined to go before the committee, how he
notified the committee and they called to
Ovingtons and that his wife's statement was
very kind to him. While denying the Wood
hull scandal and improper proposals by
Beecher, that she did not accuse
Tilton at all, but expressed her affec-
Bacon letter she felt it her duty to
see some of the church brethren, and for the
sake of herself and children deny the scan
dial. Tilton then inquired the names of the
committee, and when he heard them said he
was certain the committee would never find
Beecher guilty of the offence charged against
him, and witness said from what he knew of
the committee they could not on the facts be-
fore them find Beecher guilty. He also stated
| to Tilton that his wife expressed hsr deter
| mination to live with her husband, preserve
her family and live that story down.
The passage from Tilton's testimony
"Tracy told me I need have no fears for my
wife, as he had instructed her in questions
and answers so that no blunders might be
| made before the committee" read by
Mr.. Evarts, witness denied that he gave any
such instructions, preparing her for the COM
did not say to Tilton 'let her deny it; it is a
woman's right" but that she had denied.
Between the 10th and 18th of July he had
| notified Tilton he would not act as his coun-
| sci. 1t occurred at the Brooklyn Club, or at
| witnesses office. 1t was a casual CONVEX
! sation. Witness said to him. Gas long as
| you adhere to the case you gave me 1 will
| keep my promise, but when you change your
case I will not consider myself bound by my
promise" Tilton said that made no differ
ence as he had given promise not to be
counsel for Beecher, and witness replied that
was a matter for reflection. During this
time Tilton and he had frequent interviews,
all of a friendly character; accidental meet
ings, or meetings sought by Tilton or ap-
pointed by Moulton; but none were of wit
| nesss seeking. He did not tell Tilton that
he and Beecher and Mrs. Tilton might tell
what they chose, little or much, and the
committee would be bound to report, not on
the basis of what they heard, and would
not inquire enough to get at the truth. What
he did say was that they would be bound to
report on the evidence before them. Nothing
was said by witness about his getting the
committee to make a report or what
kind of report it would be.
On the 9th of July Tilton showed witness
what is called the "long report" Moulton was
present. The previous morning witness had
seen Tilton, and learned from him that he
had gone home, seen his wife kissed her, and
told her he had learned from Tracy the details
of her statement to the committee and had
reconciled himself to her statement, and that
himself and his wife had sat down and pre-
pared this report as one that she would be
satisfied with. Tilton read the report to
witness, who said to him some things
in it could not be adopted by the committee,
and Tilton said he only put down good
deal as suggestion. Witness said it was
step in the right direction, but the committee
must have parties before them to give evil
dence, or they could not adopt a report. He
understood from Tilton that he and his wife
were prepared to go before the committee
and testify in accordance with that
report. At this interview witness
did not say he represented Beecher
as counsel He did not remember saying he
represented him in any way. He was re-
quested to go around to Moulton's that
morning. There never was made to him on
the part of Moulton or Tilton at these inter-
views any suggestion that he did represent
Beecher. At this interview, when Tilton
read the 'long report" witness did
ad libitum and will procure
its passage by the committee, so long as it
does not charge Beecher with adultery or
compromise his moral character and stand
ing as a clergyman; but he said the report
covered substantially the same ground as
what Beecher admitted, and did not COM
promise his character as clergyman. He
did not at that interview say
to Tilton that the committee
were now confident that there was an offence
between Beecher and Woodruff. and would
probably give report unfavorable to Beecher
on account of the offence but honorable to
all parties as far as any crime was concerned.
On the subject of money, witness said if this
goes on so that full statement of facts are
made I don't see how it can be but
damaging to him, inasmuch as Tilton had
got the money through him from
Beecher. Moulton was somewhat excited, and
said Tilton knew nothing about where that
money came from, and said also it was a
mean thing of Beecher to tell him. Witness
said it was Moulton's partner, Woodruff who
told him. Then Moulton made some reflections
on Woodruff, and said that the
money was matter of strict con-
fidence between him and Beecher
and that he should deny it, and Beecher
should deny it. Witness said it would be
difficult for Mr.. Beecher to avoid telling
abovt it, if he was asked to give a history of
the matter. When Moulton said Tilton
knew nothing about where that money came
from, witness said that was matter they had
better not discuss, and nothing further was
said on tho subject.
The day of the passage between Titon and
witness about pledge not to be counsel for
Beecher he met TiltOn again at the saloon.
The witness was dining, and as Tilton passed
- ID ,,,1th h