New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-21
CONTROVERSIES OF COUNSEL

Those who were present at the great Brooklyn
xrial and complained on Tuesday that the cross
examination of Mr.. Moulton by ex-Judge fOrCer
was tedious and wearsome. had no cause Tor fanit-
6nding Yesterday Upon the opening OF the Court
Mr. Ryarts took occasion to announce the fact that
Mr. Porter was suffering severely from cOiu' anu
would be unable to appear in courtfor at least Gay
OF two Counsel for the plaintiff were evidently
not at all pleased by this announcement, ana when
Mr. Eyarts remarked that the defense migHt
%aye to divide between two of the counsel
tbe labor of cross-examining Moulton, Aessrs'
Beach and Fullerton protested vigorously. They
held that il was the practice to limit
the examination of O witness to one lawyer, and
Mr. Fullerton made the suggestion that II the ordi-
nary custom in such matters were not aohereu TO-,
might be advisable to discontinue the tlal untl MI
Porter should be able to appear While the lawyers
were earnestly discussing the question, Mr. MOulton
appeared entirely cool and uncOncerned lie leaned
back in his chair. smiled occasionally with a COM
placent expression and seemed to derive cOnsdera-
bic satisfaction from the sharp tits between coun-
eel Mr.. Evarts adhered to his proposition with
characteristic tenacity. When it became apparent
that he would carry his point, MIR. Beach
took occasion to refer to the testimony OF
Air Mention concerning Mr. Tracy's alleged
dealings with him. His remarks were very
pointed, and his hostility to Mr.. Tracy was
thinly disguised by the gravity OF bis manner.
When Mr.. Evarts remarked that Con. Tracy needed
no vindcatIon there was a murmur of approval from
the spectators Gen. Tracy repelled the imputatiOns
made against him in short but effective speech
which closed with the remark: And for the respon-
nbility now take 1 am prepared to answer to my
conscience and my Cod" His dignited
and impressive delivery of these words drew
snt applause which was promptly repressed.
Just before the hour for recess, Gen. Tracy asked
Mr. Moulton to relate the conversation which took
place between Mr. Bcecher and himself on the night
when the defendant is alleged to have confessed that
he committed adultery with Mrs Tilton. Moulton, in
the course of his narrative. stated that Mr. Beecher
usid to him that he had loved Elizabeth Tlton very
much that the expressOn-the sexual expression of
that love-was Just az natural IN his opinion he had
thought. as the language he had used TO her," Gen.
Tracy, with considerable emphasis, asked the wit
ness how il was that in his answer be mad
paused to add the word sexual" just as
he had done in a similar connection in his direct
examination by Mr.. Fullerton. This query led TO
long and sharp dispute between counsel concerning
The correctness aud official character of THE TRIB-
uNR's report of the direct examination Mr. Beach,
in sonorous tones, insisted that Mr.. Moulton had
not made the correction referred 10 by Gen. Tracy.
Reference to the stenOgTaphes notes disclosed the
fact that Tue WITNESS 0eu questioned Oy MI uileA
ton said that Mr. Beocher considered his sexual in-
tercourse with Mrs. TiltOn was natural-an express
,on of his love for her." 1t appears that in trans
eribinQ his notes the steuoNapher omitted the word
"aso aud consequently the testimony should have
read, Ibis sexual intercourse with Mrs. IlltOs was
rs natural an expression &c.