New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-29

Mr.
any statement made by Mr. Tracy TO Mr. Beecher In mo
absence OF Mr. Tilton. could be received evidence
Mr. Eyarts-I understood it was at Mr.. Moulton's re'
| guest that he came there.
Mr. Beach-Mr. Mouton ia not Mr. Tilton.
| Mr.. Notwithstanding.
| Mr. Beach-Substantially
| Mr. Evarts-Yes, substantially.
Judge Neson-I think cannot take IT,
| Mr. Eyarts-Your Honor, think. has had occasion 10
rule that whep request is made by one party nata
communication should be made another that that eu-
| thOrizcs II.
Judge NeilsOn-Yes. request by the party
| Mr.. Evarts-Yes, Sir, by the party.
Judge NeilsOn-By the party; this was request ~
| Mr. MoultOn.
Mr. Evarts-Now the sole ground upon which this IN
terview allowed bc given IN evidence on the iait
learned friends that Mr. Tracy STOOD there o
represent Mr. Beccher and authorized to be gwen I"
evidence rs il in the presence of Mr Beecher what tbey
| gave in evidence
| Judge Neilson-Yes, Sir.
Mr. Eyarts-Now have proved by this gentleman that
he had no previous authority from Mr. Beecher and had
made no communication to him MI Beccherl concerning
any proposed interview. Now after that, propose o
show by this Witness II allowed by the rules OF ev
dence so 10 disclose what he did say at the request Oh
these parties-I say Mr. Moulton; moan Mr.. Moulton;
IL is from his mouth Mr. Beecher, concerning
what had taken place at this interview.
Judge Neilson-It seems be a subsequent and ndo-
| pendent conversation.
Mr. Eyarts-Your Honor will remember how much
there was OF subsequent conversation between Mr.
Beechcr, Mr. MouOn and Mr.. Tton which was stated IN
the line OF evidence, presupposng that all that had
passed between Mr.. Tracy and these gentlemen was at
Mr. Beechers charge There was no ground for bringing
in anything that testified to with regard to Mr. Tracy
except that pro dno pro hac rice he was MI Beecher
and now when show exactly what the connection was
to w.t. known and afterward by express request
nv communication from thcm-the extent OF thdt
| communication, submit, IA proper to be given
| Judge Neilson-If the communication to Mr. Beechcr
was by Mr.. TiltOn's request, he may givei It,
Mr.. Evarts-Not by MoultOnsi
| Judge Neilson-No.
| Mr.. Evarts-Tave we not connected Mr. Moulfoa
throughout all this prosecution with Mr.. Ton and shall
not this interview be permitted to be shownf
Judge NelsOn-I think will have to exclude this.
| Mr. Eyarts-Has not Mr.. MoutOn represented tho
| views of Mr. TOn over and over againi Does he not
stand Mr. TtOn, pro dnto, in all the interviews De-
! tween him and Mr. Beecherf
! Judge Neilson-I think cannot receive it, Sir
Mr. Evarts-Will your Honor be good enough 10 note
excepOnl want to state the details OF my Offer
We offer TO prove the facts communicated by Mr. Tracy
to Mr. Beecher-such communicated by Mr.
! Tracy 10 Mt Beecher arising at this interview.
! Judge NelsOn-Yes.
O. Now Mr. Tracy, up the time Of your frat inter
view with Mr.. Woodruff, which preceded any moro
definite interviews, had you known heard anything
concerning the Woodruff scandal except what was pub
lshed in the papers or in the street, A. had not
SOME CONTRADICTIONS OF MR.. WOODRUFF.
o. And from what individual had you heard
ANYTHING about it prior to Sunday night
that is protesting any knowledge Of it A. No one
| except the brief conversation had with MT WOODRUFF
on the subject and the brief conversation had with him
| and Mr. houlton in the Office, on the morning.
O. This conversation the whole sOurcel A. II was
tubat tn
| papers.
| O. DO you remember, concerning this narrative OF
paper read to you by Tilton, whether not It
tanned the final letters dated at the end of December.
which form part OF the "True Story" given in evil
dence here A. do Motif you mean by the final let
ter. Mrs Tilton's letter Mr. Beecher's letter ID
Dec 20.
O. describe them the final letters. They are these
letters at all events dated Dec. 20 A. No. Sir they
were not present. nor referred.
O. They were not referred readi A. No, Cir.
O. Now do you remember whether at this interview
ANYTHING was said on the subject Of lying, TO wha1
would be lyingl A. During the discussion that ensuc
between myself and Mr. TiltOn to what answer ho
could make this publications. urging him to content
himself with simple denial OF It, and he insisting mat
could not-the question did arise and was dlscue
as TO whether simple denial Of the scandal would be
truthful statemcnt-I arguing that IL would under tho
circumstances and giving him my reasOns-he arguing
that would not and then the question OF what would
be lying and what would not be lying undoubtedly
| discussed.
@. That ia. whether the statement or densls in tho
form that you proposed would would not be the ens
| TRUTH A. Yes
Mr. Backbone moment, Sir. l object to that qucs-
ton
| Mr. Eyarts--Whyf
| Mr. Beach-wel simply because the witness has given
his statement, and you reform it by putting in another
| shape.
| Mr. Evarts-NO.
| MI Beach [hastily1-I think you do; am entitled 10
| my own opinion about that.
Mr. Enthusiastically; and am not entitled TO mine
The difference OF opinion does not imply that am right
or that you wrong, by any means.
Mr. Beach-It does not, nor the reverse.
O. want to call your attention to point In Mr. Wood.
rus testimony, Mr. Tracy at page 3i5, near the top lie
said that "Gen Tracy spoke and said: Can't MOultcn
and TltOn to Europe for two years ana he
piled. NO. that could not be done; Mr. Robinson, tho
other partner in Europe and it would be impOs-
ble'" Now Mr.. Tracy, did you say anything in this in
terview about Mr.. Mouton going to Europci A. did
not.
@. Was the subject Of Mr.. MoultOn going to Europe
spoken of any way by youi A. Not that remember :
| am confident il not
O. Was anything else said concerning Mr.. Titon's go
ing to Europe than what you have staedi A. Nothing
that can rccocct have stated the substance. think.
OF what was said in regard Mr.. Titon going to Eu-
rope
Q. ask yOur attention now to a point in the testimony
OF Mr. Moulton page 49, he says. speaking OF what he
said to Mr.. Beecher, 81 said TO Mr. Beecher-"
Mr.. Beach-what page, peasei
Mr.. Evarts-Page ll6. lReadingl 81 said to Mr.
Beecher Mr. Moulton saysl told Mr. Tracy the truth
OF the matter; told him the fact OF the it
that had been guilty of sexual intercourse with Mrs
Elizabeth Tlton and he said in the presence Of my
partner. il that true it must be concealed at all