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

| continue the cross-eXamnaton OF a witness in re-
| no part II would. perhaps. be better to withdraw
the witness Ia order TO enable my learned as
conduct OF the cross-exsmnation.
Judge Neilson-I think II would be better to pro-
Mr.. Evarts-And that we should be allowed to
conduct the cross-examination as we md II neces-
Judge Neison-You can overcome the dimeulty
by dlctaton.
MI. Evarts-That will cause delay
Mr.. Beach-Delay Is better than Injustice.
Mr. Evarts-lt 10 not question OF justice, but Of
regularity.
Judge Neilson-Better conform to the necessities
OF the case as they appear
Judge Fullerton then said that We, OF course, ap-
side labor, and sha. not object to postpOnemene
until Ju ICE Porter shah be able to return but It
case That = single counsel shall ss-exsmins the
witness
Judge Neilson--I have no doubt MI. Evarss viii
be able to continue the cross-examlnatl0n.
Mr.. Evarts-The further crosse Examination viii
be conducted BY General Tracy.
grounds that testimony had appeared that would
incapacltate Mr.. Tracy from appearing at all on
although he was quite willing to leave that ques.
ton, TO great extent, TO the consideration OF the
the lie that The
posed acrion OF General Tracy IN continuing the
cross examination OF this witness would be un-
professional and lnadmlsstbe.
Judge Nellson-l think 1t Is better to leave that
TO the consideration OF the counsel
MI. Evarts then remarked that We have not had
mony: and as MI Moaltoa Is apparently party
convert into q disability the continued ndenty OF
Mr.. Tracy TO Mr.. Beecher.
Mr.. Beach-Your Honor will remember that the
plaintifI IN this action only consented TO having
his papers submitted to Mr.. Tracy on the uBder-
he @ scy wonas mos sppr
as counsel Tor MT. Beecher.
Judge Neison-iou had best leave tt to the
counsel lor the defence to arrange 1t a. they see
Mr. Beach-Your Honor viii please note our ex.
Alter some further remarks from Mr.. Evarts.
explaining the difficulties that single counsel
would labor under, ne concluded by saying:-lf
our learned friends should SO decide it VIII be
necessary or me to have time Tor consultation
with my associates and then shall be ready TO
proceed with the examination BY Tomorrow
Judge Netlson-I think It would be more orderly
to have the examination OF this witness pro-
ceeded with now. ana counsel can retire, II they
Mr.. Evar,s-We reserve the right TO apply to
Io1r Honor for permission to divide the labor Il
viii conduct the crosse Examination.
MR. TRACY TAKES THE FLOOR.
Mr.. Tracy-I think that calls upon me for brief
The Court-I do not think it does. Mr.. Tracy.
the mere act OF your proceeding is sun1cient In
dication OF your view OF your duty.
Mr.. rraoy-If your Honor please. that view
accords wi h my own and my associates. have
freely, not Only with my associates as 10 my duty
here, out Wi n the most eminent members OF the
! Bar not connected Win tnlS Case; anu every step
IN 1t tnat lave taken mas been on their Judgment
as TO what might professionally do with honor.
understand very wen the position in which this
prosecution has sought 10 place me with reference
TO tnls DEFENDANT; out came into TINS the
friend OF this defendant, aud however Others may
have changed, nave never, and no act OF mine
has ever been inconsistent with that principle;
and nave performed every duty with reference
10 this witness and the paintn with honor. ana
TOR the responsibility now take am prepared 70
answer to my own conscience and to my God.
TIE EVIDENCE.
Mr.. MOulton was then crOS5-eXamined BY Judge
The witness stated II think called the apology
part that was quoted, the part OF the paper that
was quoted letter; was In Mr.. 1lton's letter to
Dr. DR. Bacon; IT, Is the same written paper that Mr..
Judge Tracy then asked in what publication the
name OF that writina was nrst changed IRON an
apology to a letter OF coDtrltlOn.
The question was objected TO by Judge Fullerton
and VAS put In another i0rm
witness contlnued:-I do not think | saw 1t
printed as letter OF conrritiOn IN any newspaper;
l do not remember where | saw Mr. Tlton pre-
remember what DAY OF the week 1t was; do not
remember II L was Monday; 40 not remember
day before read MIA vsledicrory as editor OF the
Independent.
Tracy, and alter little snarl between tue counsel
the Court ordered Inc question answered.
nos nse Inc date wnen the
on the first DAY 1t was issued had been informed
that Mr.. Tilton had made contracts with Mr..
Bowen, put do not know II 1t was before the goth
OF December; think 1t was; cannot swear that
knew he was to have an interview with Oliver
Johnson ana Mr. Bowen on the 26th OF December:
do not remember whether the 10th OF December
was week day or sun lay; believe went to his
hou5e In the afternoon, some where about three
O'Clock am not sure whether he was at home;
don't remember seeing Mrs: Hilton that day don't
remember waiting MI Triton I'm I'll he returned;
] DO not remember writing az all; do not re-
member whetner ne was at nome or not; was IN
the naoit Of gong to Mr. Tilton's mouse nearly
every day; had no particular hour for visiting
Mr.. l1ton; was not often IN the habit oil visiting
MIR. Triton during business hours: he told me OF
IL ter n a " n q hQ nd Of
MI. Bowen; l do not think he told me when It
Was TO be oellvered l 40 not think called him
EMS signature.
o. DC Jou recoIlecs that you did not, A. am
Mr. Evarts-we may say Ouce for 81, that Is
covered oy the oath which he has takeh; it IL un.
Mr.. Fullerton-we also may Is well say that
the last question was covered BY the former
Mr.. Tracy-Thss would be ground OF objection
Mr.. Funsrton-ws VIII object when We think
proper
The manner Of Mr.. Tracy burly and invasive,
looking away from the witness often, while be
put crisp successive questions to nim raised
presupposition OF anger and personal resentment
between the men. This continued nearly all day.
and did not make the court room any more invit-
ing. The plaintiffs counsel. however, were very
much pleased with Moulton's general conduct,
and At the close OF the proceedings at four o'clock
shook handS WITH MIN, Whle certain spectators
invaded the bar, introduced themselves to Moul.
ton and congratulated him. The cross.examina.
ton has been disappointment to the strong
antagonists OF the plaintiff. Il has dubbed and
pettifogged where It was expected to be nervous
and Revolutionary.
TILrONs CHARACTER ATTACHED
The stenogra pher, request Of witness, read
the last question.
Wlsness then resumed-To the best of my recol-
lection, 1 should say not; my interview with Mr..
Alton asIed ABOUT hour.
Another spat between counsel arose on the fol-
lowing question:-
Q. odd you learn from him a. that time the OBJ.
ject OF the interview he mad with Mr.. Boweny
and resulted In the question being put az fol-
iows:-Whetner anything was said by Mr.. fiIt0n
on that day as TO the OBJECT OF the interview he
had with Mr. BowenS A. tRink there was.
Another squabDle then arose upon legal tech.
nicalIty.
TIE JUDGE RRBUKEs TRACY.
The Ore bell was striking oerceiy, elang on clang.
In the CITY Hall as the Judxa rebukad Tracy Ior