New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-03

Mr. Beach, that the rule M your Honor please that
after refreshing his recollection by the memorandum the Wit
be able from his recollection independently
Of The memorandum, what the conversation was.
Mr.. Hll-Well, desire simply to obtain the stae Of this
recollection with reference to that subject
Judge Ncilson-No, Sir
Mr. HILL he state the contents Of the letter without the
letter. suppose that it proper that he should do IT, II he can
not suppose that he refer TO the letter. that the letter
may 20 together he recoeet the
contents.
Mr.. Beach--Wel We dispute that proposition
Judge Neilson-Thee OCCASION gentlemen for any A.
gument about 1t.
Mr. Morrs-And how long the witness to have to commit
1t to memory
Judge Neson-Tho simple direction to this witness this
TO examine those papers and they refresh his recoec
ton then close the letters and then ate from his recoec
ton thus refreshed far he what said 70 Mr.
Tl,on tina, occasion the contents Of the Letters
The wltnesswell cannot commit these to memory your
Honor, and then repeat them.
q Well give the substance Of what your wife said now IN
giving the contents Of the first letter.
Mr. Beach, submit that the witness cannot tesy win ms
eyes resting upon the table
Judge Neilson-No my suggestion was that he could Ell
anime the paper.
Mr. Hi-Mr 0vngon hls Honor has just suggested tbas
You close the letter. ....-
Judge Nelson-After having examined H. ..'..-, 4
Mr. IIn-After having examined it sufficient tmo 10 re-
fresh your recollection Now you sta,s the contents OF
the first letter
Mr. Fulerton-I object to that
Judge Nelson-No: that Is not It at all.
Mr. nil-Or your wife said regard to the con-
OF the letter.
Judge Nelson-Yes that is better A. cannot recolec IT,
@. You cannot rccoect it, A. No, Sir
Mr. Then offer the letter together with his statement,
in evidence.
Mr. Beach-[To the wituess Oh please don't be reading
those letters.
Judge Neeop-I DO not fee present. how the letter can
be received.
Mr. Hil-very well win ask other question, then Mr.
Ovngon did your wife Mr. Tton the contents OF this
letter.
Mr. Fuleon-I object to that Sir. In the first place 10
leading and second place he don't know whether she
did or not
judge Nesone canno. reooect what said aoout the
contents OF letter and therefore he cannot answer the
question.
Mr. III am asking him. with the letter before him il his
wife sta'ed the contents OF this letter to Mr. Triton
The wness-She did
Judge Nelson-You ask him what hs wife said
Mr. h-Wel Sir what did your wife ray in regard TO the
Of this letter Did che siy anything and 30 wha'
A. She repeated the contents Of them had ust heard them
read and knew that what she saying was the contents OF
them.
O. You cannot recall what che then sad1 A. What che
then said cannot rocolect.
NJ Beach, object to answer to strike It
out
Mr. Hill submit that II s proper
Judge Neson-Thc semenhIt she has read them and that
here members the contents stricken OUT suppose was not
called for by your question.
Mr. HUI don't understand what your Honor strikes out
Judge Nci son-The that he had heard the letters
read that his wife that occasion repeated them correct
N stricken because it not called for by your ques-
ton
Mr. Hlwe Sir asked il the witness stated the contents
Of these letters to Mr. TilOn.
NJ Rom Tuat hipCte 10
asked the witness what did state and he made this
Inexpensive and improper answer.
NJ HILL understand your Ilonos ruling 10 be the striking
part OF the which he not responsive
my question now put question 10 Which 1t sha be re-
sponsye.
Judge Nelson-What Is your question
Mr. HI-Now ask II his wife did state the contents OF this
letter he had previously heard it read
Mr. Beach-Tha is objcctc to.
judge Nolson-Tha involves comparison between what he
before aud what stated thea YOdr nquty should
be, what stated then.
Mr. Il-Wo Sir dcsirc 70 prove By the witness that she
stated the contests ne says that h. rocol
ect what the contents now after looking at the
letter.
Judge Nosonc cannot remember what was stated as the
contents Tta to ombrac3 the eSamin son II the wit
ness remember why then yoa should pass 70 some
thing else
Nj H-well Sir desire TO offer the letter in evidence 10
connection with this testimony.
hr Beach-It is objected to-
Judge Nelson 1t cannot be received.
Mr. Hill TO Tue TRIBUNE S,enographcr Marx for den
thcaon.
Mr. Eyarts-Your Honor will note our exception
Letter marked Exhibit D. Ill.," for identidcationl
Mr. Ui-Can you recall what she sad in rearl to the
tents oer1 A. She saId something aboat her
being az happy bird on that day
Mr. Il-To Judge Neilson Inasmuch as this letter is
marked will except your onors ruling ITO the witness
Now 20 o. Air Oyingon A. cannot recall the phlScoosy;
simply that she happy and everything was going on
smoothly and the ldter cloed by, Bless the Lord, OH my
sou' remember that
O. Now Mr. Ovinston 20 on with conversation which
cured there after the about the eers A. lie sad:
Mr. Bceoher loved any other he loves Eliza
BETH Mrs Beecher he loved Mrs Bcrcer made his
hell and long he loves Elizabeth why does he
her like man2 Why don't he come forward and help
herr He is coward and poltroon would not treat woman
20 who had given all give. Why does he let
her let only cool rooms in the house TO bolricrs
@. Anything else, in that connec ion | menf A. Nothing
further. lie continued to call MIR. Beecher coward
@ What else did say any other topic? A. lie then sad:
Mrs Tton has only done the duty Of wife in coming for
ward and lying for me-" lie then said: had committed
the Nathan murder and Mrs Tton witness OF IT, do you
suppose she would testify tho TRUTH" lie sad No in
DECD" appealed my wife IL fhe would not do the
thing.
O. she would not do what' A. II the would testify
II would testify the truth her husband for the
Nathan murder charged with the Nathan murder and she
witness Of it, My wife replied that she would not 10 convict
manshe would sacrifice her husband rather than
an innocent should sufer-somc such reply as that
O. Well go on; anything fnrheri A. don't know that
recall anything further.
@ At that time Was anything said about the conversation
being conhdential' A. Yes, SIR he left he said: This
yersaon is conn enta but you repeat all Elizabeth
O. Speaking to your wifef A. Speaking ~ my wife, yes
Sir.
O. When did you Mr. Tton after that' A. The second
day, think.
GEN. TRACY'S INTERVIEWS AT THE OvISGTONS