The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-29
ind it my duty to override this objection and re-

MI. LNdTts-1 our HONOR VIII nOte our cXctptlOus
purportlng to be Part | OF the trial OF Henry Ward
BeecheI, ana INSCRIBED as an oniclal uerodtm re-
port Mr. Beacn read several gross inaccuracies
from the pamphlet, which he SAID had been copied
from the report OF morning paper supposed TO
be officially correct
Judge Nelson said he regretted the matter, and
would communicate with the editor OF the paper
Ia regard 10 the inaccuracies the counsel referred
Mr.. Evarts then made few remarks on the
same subject concluding by saying that ne did
not think the counsel should be criticised by the
press IN the same manner that they deal with
actors on the stage, to see whom men pay money
10 procure tickets OF admission.
MR.. WOODRUFF,
recalled, continued his direct examination being
once ~ w iaS G Moaon eight
O'Clock IN the m0rning for the purpose Of hearing
tell MIR. Tracy all the points about the woodruff
scandal; he told him what he had done IN regard TO
the matter and what Mr.. Beecher had done; he
told General Tracy that the essential points oil this
woodruff story as published IN the paper were
true that Mr. Beecner went to his mouse. and that
MRS. Tllton had written confession and after
ward o retraction, and he told General Tracy
this story covered up so far AS he could do il;
but now the story was published by the woodruff
be 'aa was Ms a
would make some statement under advice or
counsel; ne told Tracy he had oeen asked to deny
was not willing he should do II.
General Tracy sad in reply to that
had said being repeated by the witness, and the
Judge ruled the statements OF the witness must
Mr.. Woodruff then continued I'll said pro-
tested against i; as partner OF mine wouldn't
any such statement OF the story he knew was
true; Tracy said he didn't uphold lying. but he
particularly. that man would be justified In de-
nylng such statement; ! replied that wasn't
willing that q partner OF nine should deny
statement that he knew to be true; Tracy SAID,
Couldn't Tllton ana Moulton take a trip to EurOpeY
away ana that was uoS
then Moulton said he had observed silence in the
matter all along. and lagreec with that and Tracy
SAID silence was the best thing for both parties,
for all parties Interested; and that was the sum
ana substance OF the conversation that morning;
then we called at MoutOns hOuse-it was Sunday
evening-and had this conversation by appoint
ment; Triton was there, MOulton was there was
there and General Tracy came there, and we all
went up into Moulton's study, in the top story of
the house; and then Mr.. Moulton and Mr.. Tllton
but Mr.. Tilton expressed an unwllllngness to nave
General Tracy brought into the case; he said to
General Tracy, eli Beecher and l should ever
to this matter, could you or would you
Tracy said, mo could not and would not;'' 1
dldn't have any part In tina: conversation; ne
then went on to snow this letter OF cOntrltlOu and
tax about the case. and what was published in
the Woodruff statement; and that was the sum
General Tracy recommended silence as essential
that IL was pest tnaC IL SnOulQ De covered
there seemed to be nothing else TO do.
THE LETTER OF CONTENTION
was shown TO Mr.. Tracy that evening; Mr.. TitoE
appeared annoyed that Mr.. Tracy had been
brought into the matter. and thought 1t was m
wise 10 consult him. as he knew that General
Tracy attended Beecner's church. and thought It
might be unwse to have him made party; ne
did not make that remark In General Tracy's
presence; do not recollect that he said anything
Judge Fullerton then said they were finished
with the witness.
JUDGE NELSON PROTECTING TRACY.
The Judge-I would Ike to say before counsel 90
on with tue cross-examination tnat wnlle they
will OF course exercise their own judgment In re-
gard to the conduct OF the crOss-eXamInation,
still 1t may not be best TO go very lar into the
question OF the professional conduct Of Mr.. Tracy.
He Is O gentleman OF very high character ana
very CONSCIENTIOUS IN the discharge OF his duties
ana no doubt deemed IL necessary to 40 what ne
should on this occasion be indicated. Therefore
l think We had better con1ne ourselves to the
matter more closely.
Mr. Tracy then commenced the s-examIn-
alton, wnen Mr.. Woodruff said 81 think that
where from eight 10 nine O'Clock, about half an
hour to an hour; il called TO introduce Mr.. Moulton
HIM; introduced MIN to you; / mad known you
Tor some time did not say had called LOT the
evening evening previous had made the appointment
you now refer to; do not think that any papers
were produced at That interview; do not reco-
lect seeing the woodruff scandal brought out; the
talk was very full about the case as well as re-
collect 1t the question to which the converse ton
was directed was as to what answer should be
made to the Woodruff scandal; do n0s think
the woodruff scandal rested upon Information
furnished by Mr.. Mouiton; there were great
many people speaking to me about 1t, and asking
Inc why Mr.. Moulton didn't come out ana say
WHY HE DIDN'T DENY IT;
l stated to you that there were papers that 1t
would be necessary Tor you to see before you
could form any definite opinion as to what answer
should be made; MI. Moulton said he had some
papers; you said 1t would be Impossible tor you TO
give any positive opinion, and you were under the
Impression that silence was the only course to
pursue; do not think you decided absolutely,
views as to sence ana that was the only course to
be pursucd the object OF the interview on the next
sunday was TO let you see the papers; do not
think can tell the exact time that you came to
Mr.. Moulton's house that sunday afternoon; l
think IT was some time In the afternoon.
whether Mr.. Tilton was IN the house; Mr. Tllton
came up stairs alter we mad been together some
short time; think, that occurred; Mr.. Moul.
ton talked with you for lew moments ana then
went down stairs and Mr.. liltOn then came up;
S were 10 ySa
that the paper known as the letter OF apology was
shown to you until after Mr.. Tlton came up; re-
member something about your remarks on that
matter; do not remember seeing the retraction;
recoliecs talking about II, but do not recollect
three papers.
q. Don't you recoect this that was shown
that letter or contrl ton ana criticised 1tr Don't
you remember that 1 asked Mr. Moulton, Now,
Mr.. Moulton, on wnat does this scandal rest aside
from tneSc paperSF'
Mr.. Beach, object to that question; it assumes
that he said MI. Tracy criticised 1t.
MI. Tracy--He said did
Mr.. Beacn-NO, sir; he said there might have
been some remarks about IL.
Witness resumed-I believe Mr.. Moulton stated
that the scandal rested upon some statements
Mrs. l1lton made to her husband; think you
asked him
WHAT THE STATEMENT WAS;
DO not remember mis- saying he would prefer
rilton u state IL In us own words do not recOl-
ect that e., liton stated it to YOU; do not remem-
Der Ar. Vhton having the "frue story" there do
no remember ever seeing such paper until
Christmas; | don't recoleCt him reading the
True Story" he sald that the accusation against
Mr. Beecher was adultery; he said Mr.. Beecner
had been guilty Of adultery.
Z: with mis- wiieS A. don't know that he said
with his vile.
O. An A. would not say It was with his wife.
lns Judge-Don't put That exclamation In.
Mr.. lracy-l beg Your honor's pardon. (r0 wit
nessI-Were you ever present at any interview be-
lore with me on that SUBJECT A. cont recollect;
l 90 not have any recollection OF MIR. IIton's
reading the True Storyn ut this meeting; lelt
Mr. MoutOn'S house about ten p. NJ; you and