The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-13

Mr. Evarts cited several authorities in support
OF his argument.
Judge Neilson-I am quite aware the witness
need not be examined, and IL does not lmpy q
right 90 cross examine The only question 10
whether you can altacn the Witness ior noS 1o
liverlng over the papers on your request shs
being here
Mr. FulIerton-Your Honor viii perceive a fea-
ture III THIS case entirely different rom thaI IN
the authorities read, This subpoena does not de-
scribe any particular paper 80 as 20 enable US 70
identity II; tnere Is an omnibus clause g. produces
all papers, without specifying any, and hence y
does not bring TINS case within the rules as lald
down IN the elementary rules, because in those
cases the particular paper was described IN way
SO tnat II could oe Identified when u was pro.
brought into Court ana compelled 10 produce all
co.. respondence between and u. 49,
Judge Nenson-fou nave no interest "a shose
LETTERS; you cannot cross-examlne the witness.
Mr. Funerton-Not unless she 10 put on the
Judge Neson-They may identify the papers by
After some further discussion Mr.. Evarts sub
mtted that IL was for the Court TO say 10 the lauy
IN question that the law entitled the defence 10
the correspondence.
Judge Nellson-It entities you undoubtedly, un-
less there is some personal objection on her part,
In which case IL is TO be tested BY another pro-
ceedng.
Mr.. shearman here stood up ana, addressing
Mrs. Woodruff sald-"Mrs. woodruff, we call Tor
the letters OF Mr.. Titon.n
Mrs. Woodruff then stepped forward and con-
versed briefly with Messrs. Eyarts and Shearman
Mr.. Fulerton-We think IL due 70 the witness 70
say that she is not called upon by the Court 10
produce these papers.
Judge Neilson-I have not given any directions.
MIR. Eyarts-she has been advised tnat the Wrlt
entities us TO the produc ion OF the papers
MRS. wOopnULLs ADDRESS.
Mrs. Woodruff, turning toward the Bench, spoke
as follows: III have a few unlmportant letters In
my possession, and | feel In bringing them
into the case al TINS stage OF the proceedings that
some explanation is due. They are letters en-
urely credtable to myself as wen as 70 the gentle
man who wrote them. Perhaps you may remem-
Der that nave been imprisoned several times
during this scandal. ana during That time my
private cnlce was ransacked. some Of the papers
a rn ina n md 4t 4 hA "A
but 1t Is an IDEA have formed from the fact that
my office has been ransacxed. Some OF them were
very important, and with this explanation am
willing g. give them up
she then handed them TO Mr.. EvartS.
judge Nelson inquired whether the examina-
tion VI Mr.. Mouton was 10 be continued
Mr.. Fullerton suggested that the cross-exami-
nation should be proceeded with.
After some lurtner discussion on TINS SUBJECT
Judge Nelson inttmated tnat II at any Iuture
Triton the BASS OF these letters the witness
furnishing them must be IN court.
THE EVIDENCE.
John Napoleon Longn was then examined as 10
the measurement or tue Broad street premises
occupied by Mr.. Schneider near Delmonico's
restaurant, IN rebuttal OF previous testimony Tor
the defence.
Francis D. Moulton was then recalled, and pro-
ceeded TO deny many OF the statements made by
Mr. Beecher touching the interviews he had with
Mr.. Moulton, when inc letter OF contriIlon was
evidence carefully, and where he differed rom
Mr.. Muulton's testimony asked Il the language
given oy the dele ndant nad oeen USED tne WIZ,
sharp debates occurred between counsel but the
plaintiffs side got IN all their Contradictions Mr..
Moulton being still on the stand wnen the nouc
OF recess arrived.
AFTER THE RECESS.
The court was slow In reassembng Mrs.
Beecher sat alone in the afternoon. pale wan and
weary, the creates object OF sympathy identified
with the cause. Her son was with her IN the
morning. 1t was almost hat-past two O'Clock be-
lore an oflcal word was spoken, and then Mr..
a
I'll and could not attend as a witness, but her
evidence denying a certain conversation with Mr..
Beecner would be taken all the same as II sne
testified on The witness stand. Mr. Evarts agreed
TO this arrangement. Mr.. Moulton then re sumed
the stand and was dismissed In few moments.
He was followed by stephen Pearl Andrews, who
was recalled 10 testify as 10 the occupation
OF the ONCE No. as Broad street by Colonel
Blood and Mrs. Woodruff aud as to
the latter being married &c the former. When
Andrews left the stand there was long pause
and finally Mr. Freeand was called ana examined
by Mr. Sherman. lie denied statement OF
Bowen's point blank and people turned to each
other and asked. ''who is telling the truth IN this
triaI ~ Mr.. Freeland supplemented his denial by
the remark aMr. Bowen maze q mistake.u Mr..
Beach moved 10 strike out the observation. comp
said Sherman, ut was only charitable remark"
Mr.. Fullerton stirred up the irritabllity OF the
witness on cross-examination by pushing him
closely for an explanation OF how he determined
the GATE OF o certain interview between
Bowen and Beecher at his house. I'D answer
your questions, Mr. Fullerton, but you put them
in such a az tnat can't answer them" lie was
asked II in December, 1870, nc received a note
from Bowen aud sent him back an answer to the
enect, ayes. that win be attended to-" This ap-
peared a simple question enough, but though II
was put half dozen times the witness, wItR an
unaccoun table oostinacy avoided definite an
swer. Fullerton appealed TO the Judge ana said =
~ think Your Honor viii nave 10 take this witness
in hand.n The Judge, however, took no action In
the matter, and the counsel proceeded TO MAKE
the best hand he could OF the witness. "Pure
cussedness," as Artemus Ward calls certain
perversty OF disposition, woud apply to Mr.. Free
lands manner as witness.
There were four lawyers on their legs together
in the course Of Freeland's re-cross-examinatlon.
The matter appeared 10 be or a trivial character
and only acquired its importance from the peculiar
crookedness OF the witness replies.
When the afternoon proceedings were formally
opened Mr.. Beacn announced That Mrs. Moulton
was too III To attend ana deny on oath the ale
CATION OF Mr. Beccher that she said 70 him, ''Mr
Beecher, don't believe the stories they arr tell
ing about you believe you are a good man.
BIS consent OF counsel II was agreed that the de-
MAI OF Mrs. Moniton should 20 on the record as
made.
after denying the assertion OF Mr.. Beecner that
he lMouitonl had asked the defendant TO pay Bes-
sic Turner's school Oil retired for good.
stephen Pear Andrews was recalled to prove
the signature Of James IL Blood, reputed husband
OF Victoria Woodruff, TO lease or the premises
No. as Broad street, from May, 1872, TO May 1874
Then the reDuttal closed.
sURREBUTTAI-
James Freeland recalled, contradicted the as
sertOn OF Henry 9. Bowen that the interview or
December &c, 1870 occurred at his (Free.and'sl
mouse. Tine crOss-eXamnatlon was q very anu
Ing one, and the witness finally escaped fIom the
land quite angry az Mr.. Fullerton, who evidently
TOOK Delight Ia tOrmentlng him.
Mrs. Maria NJ. OvIngton recalled. was examined
at length regarding tne duration OF the interview
at her house between Bessie Turner and General
Tracy, wnen she pronounced the statements made
by Albert II. Martin lalse. she was very EN-
pnatic IN these assertions, ana ner answers were
given deliberately and while sne was looking
directly IN tue lace Of Martin. Her testimony was
as folows:-
Examined by Mr.. Shearman-Are You &C
qualnted with Mr.. AlDert r. Martin, who gave tes-
timony In this case a. was acquainted with