The New York Herald Newspaper, January 21, 1875, Page 4

£ —— ——- 7 | Judge Porter at tom A. M. he could be prepared to | | continue the cross-eXamination of @ witness in re- | | | gard to @ matter ia which le had expected to take Bt . no part. It would, perhaps, be better to withdraw | | a | the withess tn order to enable my learned a: | sociare, Judge Tracy, to prepare nimeelf for th | cond he cross-examinati 2. Judge Neilsou—I think it Would be better to pro- ceed with him pow, | Mr. Evarts—And that we should be allowed to conduct the cross-eXamimation ag we find it neces- | | sary im tals emergency, i | _ Jadge Netison—You can overcome the diMenity | by dictation, | Mr. Evarts—That will cause delay. | Mr. Beach—Delay ts better than injustice, Mr. Evarts—It i@ DOt @ question of justice, but of regularity. Judue Netizon—Better conform to the necessities | of the case as they appear. Judge Puilerton then said that we, of course, ap- preciate the disadvantage ander which the other | ide labor, and shui. not object to postponement | until Ju ige Porter shail be able to return; but tt a dueto the witness and due to our side of the | case thas @ single counsel shall cross-examine the | witnes | PE po cars have no doubt Mr. Evarts will | al Q al continue the crosa-exammation. MORE PASSAGES AT ARMS. | “ur’Evarce—The turther cross cestination will | be conducted by General Tracy, Mr. Beach then objected to General Tracy on the grounds thas testimony had appeared that would incapacitate Mr. Tracy trom appearing at all on tne defendan le ded that, quite willing to leave that ques- reat extent, to the considerat! he ; counsel himself, he was led to suggest to His Honor and the counsel upon the other side that the pro- posed action of Geueral Tracy im continuing the | Thirteenth Day of the Great Scandal Case. ANOTHER LAWYER SUCCUMBS General Tracy Taking Friend Moulton in Hand. Beecher’s “I Loved Elizabeth Tilton.” e WHY A WORD WAS OMITTED | | Professional and inadmissible. | | _ Judge Netlson—| think it is better to leave that | to the constderation of the counsel. | _ Mr. Evarts then remarked that we have not had } | i any verdict irom this jury on this witness’ testi- | mony, and as Mr. Moulton is apparently a party to tuls transaction he did not see how that should | convert into a disability the continued fidelity of | Mr. Tracy to Mr. Beecher. | _ Mr. Beach—Your Houor wiil remember that plaintiff in this action only consented to having bis papers submitted to Mr. Tracy on the ucder- — standing that tu the event of antagonistic legal proceedings he (Mr. Tracy) would nos appear as counsel for Mr. Beecher. Judge Neiison—You haa best leave it to the counsel lor the defence to arrange it as they see ar. alr. Beach—Your Honor will please note our ex- ceptions. Al'er some further remarks from Mr. Evarts, explaining the difficulties that a single counsel would iavor under, he conclued by saying :—If our iearned iriends should so decide it will be necessary ‘or me to have time for consultation | with = ‘associates, and then | shall be ready to | proceed with the examination by to-morrow morning. | Judge Netison—I think it would be more orderly to have the examination of this witness pro- ceeded with now, ana counsel can retire, if they choose. lor consu!vavion. Mr. Evarts—We reserve the right to apply to | Your Honor for permtssion to divide the labor, if | it should be deemea necessary. General Tracy | Will conduct the cross-examination, | MR. TRACY TAKES THE PLOOR. Mr. Tracy—I vbiok that calls apon me for a brief | stavement. ‘the Court—I do not think it aoes, Mr, Tracy. | The mere act of your proceeding ts a sufficient in- dication of your View of your duty, Mr. Traoy—If your Honor please, that view accords wi'h my Own and my associates. I have taken no step tn this case witnout conferring freely, not only with my associates as to my duty bere, but wi'h the most emiment members of the Bar not connected with this case; and every step in it that I uave taken has been on their judgment as to what | might professionally do witn honor. 1 understand very well the position in which this prosecution has sought (0 place me with reference to tuis defendant; vur I came into tos case as the irtend of this delendant, aud however ovners may have coanged, I bave never, and no act of mine hasever been inconsistent with that priucipie; and 1 have periormed every duty with reierence to this witness and the plainud with bonor, ana for the responsibility I pow take I am prepared to answer to my own conscience and to my God. TBE EVIDENCE. | ott: Moulton was then cross-examined by Judge "ACY. The witness stated :—I think I called the apology part that was quoted, the part of the paper that Was quoted a letter; it was im Mr. [iton’s letter to Dr. Bacon; it is the same written paper that Mr. Tilton so often refers to in the Bacon letter, Judge Tracy then asked in wuat publication the Dame Of that writing was first changed irom an apology to a ietter of contrition. ‘The question was objected to by Judge Fullerton and was put in another iorm, Witness coutunued:—I do not think I saw it rae as a letter of contrition in any Dewspaper; do not remember where I saw Mr. Tilton pre- vious Lo My meeting him on December 26; | do not Temember Wout day of the week it was; Ido not remember if it was Monday; I do not remember whether Mr. Tilton was at my house on the Sun- day beiore I read nia valedictory as editor of the Independent. ‘The last answer did not on to satisfy Mr. Tracy, and aiter a little snarl beuween tue counsel the Court ordered tne question answered. Wituess—l do not remember the date when the Valedictory was pubiisved; I think I read it on the first day it Was issued; I had veen informed tost Mr. Tilton bad made contracts with Mr. Bowen, vat I do not Know if it was velore tne 26th of December; I tommk 1t was; I cannot swear that i knew he was to bave an interview wita Oliver Jobnson and Mr. Bowen on the 26th of December; Ido not remember whether the 26th of Decemoer ‘was a week day or Suniay; I veieve I went to his bousze in the alternoou, somewhere about three | ociock ; |um not sure Whether he was at home; [ doa’! remember seeing Mrs. ‘Tilton that day; ldon’t remember wai'ing ior Mr. Tilton until he returned; I do not rememoer writing at ail; 1 do not re- | Member whetner oe was ut nome or not; I was in tme oxoit of going to Mr. Tilton’s nouse nearly | every day; I had no particular hour for visiting | Mr. Tilton; I was not oiten in the habit of visiting | Mr. Tilton during business hours: he told me of | the letter he sent to Mr. Beecner by tne band of Mr. Bowen; I do not taink he toid me when it The Defendant Preparing to Testify. | the When Mr. Beecher relaved that it was a dreadful | thing to get up tresh every Sunday morning and preach with so much on bis mind he pad no idea of the diMcuity of reporting bis trial wito @ jagt equilioriam, To waik the tigntrope of impartial- ity with suck a long balance pole as will support Beecher on one end aud Tiltom om the otherisa labor for Blondin. We do it, however, with un- varying cheerfulness, Our sympathies go out to both litigants to see go many lawyers assembled upon them. It looks like Crowner’s quest law where the stad of counsel is big as a Coroner's jury on both sides. Yesterday the proceedings were of a wrangling mature, and consisted in teaching Mr. Mouiton the steps of a backstep, Mr. Tracy waitzed bim around all day witn a grip more dect¢ed than ama- tive, but he Wes ap unrepentant Artiul Doager, and debaved with the meekness of a young sbrab just out of boarding school. In vain did air. Tracy elevate his chin, look the executioner, and suup tue Witncss On his answers. The more despotic Tracy got the more dalhant and polite Francis be- same. [1 he does not come out a perfect witness ke will very nearly ¢ me out a perfect politician. Moulton is of the stamp of man to like this @angerous eminence he has. A fairly successful Merchant, he pines ior a more brillant career. The play of fine wits, the game of jinesse, the emotional antagonization of strong natures—his being one—suits liim, In this country to-day there are thousands of people who would rather hear him lecture on “Friendsnip” or “A Dangerous Game,’’ & la Guy Livingstone, than to see and hear e.toer Beecher or Tilton, He appeals, in his position, to the material aud worldly side of man—that side Which cespises tie transcendentalism and radical- jam and optimism o! both the principais im this case, and looks suimewbere tor bounce, life, cratt And cooluess. Moulton bas a good head for the Stage. Tne flery nature of his hair and ample mustache, the nerve end nervousness, the good clothes, fine confidence aud superb suavity of the man, relleve him from the idea of any serious connection with the Brooklyn set. He was called by Beecher, “My dear Von Moltke.” As the trial proceeds he develops very nearly to the self- mastery and literary skill of Tilton, 1f, indeed, he does not joom up as the larger being. There is nobody in court with him except counsel, but ne has slowly captured friends irom unwilling wit- messes. Toe jury, in part, look at nim as he comes into court with s certain approving wrinkle. Tue Judge gives him very fair protec- tion. He seems to have a good physique and not | to be annoyed, especially not intimidated. If he Was pert or forward or retaliatory he would fpeedily drop to the ground; out, on the whole, he Shows the superiority, 1or common sense occa- ®ions, of the vusiness man over the iiterary man, the preacher, and, we might almost si the law- yer. There is a littie merry devilishness to his way of testifying. Yesterday he kept Lawyer Tracy on a string a long while as to why he Omitted to insert Mrs, Beecher’s letter in one of his documents, with the intent to say, afer @ lomg worry, that he had remembered he ought to nave done it—'hree weeks ago. it ig tne general opimion in the Court that Tracy’s cross-examination ts bester tnan Porter's a8 to an anderstanding of the evidence in the ease, but poorer as lar a3 its manner 1s concerned. Judge Porter stayed home yesterday, sick. He | ways to ve aelivered; 1 ao not think I calied him a baffled the wituess the second day by hia polite- | rulged man jor sending that letter without Bow- | ees, sud made spectators wish he would mase | $1) gnsoi ouect that you. dia.pot? A. Tam | some points on Mouiton, deserving to do #0 by Dis | trying to state the trutn as well as | remember it. bearing. Indeed, be did do very well, witn Mr. | ir. Evarts—We may say ouce for et thatis | Evarte’ assissance, on Tuesday, and made no little Seiewsare Conese mae he bas taken; it is un- | imroad npon the witness. Mr. Fuilerton—We also may as well say that | Mr. Tracy labors under the disacvantage of | the last question was covered by the iormer | being a hot iriend of Mr. Beecher, aud he has ab- soluiely noart. Huis face is like a thia red fur- answer. | Mr. Tracy—That would be a ground of objection | pace, reveaiing the zeal within it, and he has been a public prosecutor so long before a United if you think 80. ir. Fullerton—We will object when we think States court that his manner nas become over- | | proper. | ‘The manner of Mr. Tracy, burly and invasive, | bearing, aud tois, added to his excessive tempera- Ment, takes irom him some of the sympathy which looking away irom the witness oiten, while he | | put crisp, successive questions to nim, raised a | Dis natural manliness should obtain, He is like | Presupposition of anger and personal resentment Marshal Bozaine on triai ina court like tnis—pis between the men. This continned nearly all day, Military nature impatient under the restraints of | #24 did not make the court room any more invit- | (tor edd atiectation. Look at nim ing. The pjaintif's counsel, however, were very | ‘Mr. Tracy, standing there in tne centre of the Much pleased with Moulton’s geaeral conduct, | court, Was at least six feet high, and weighing, 904 at the close of the proceeding: four o'clock ‘probably 260 pounds. His shoulders are squace | S00OK hauds wita him, while certain spectators gud power/ul, nis chest broad and full, and his invaded the bar, introduced themselves to Moul- limbs cast in tue largest mould of acountry iar- 00 and congratulated him. The cross-examina- mer or boatman. Tae military character of tne tom has been & disappointment to the strong | man and bis origin in rural parts are piainly de- SBtagonistsof the piaimtif. [thas quivbied and | noted by nis countenance and statare. His bands, | Pettogged where it was expecied to be nervous feet, Knees, Jaws and joints are cast 1n the largest pattern. His long ‘rock coat is buttoned ck % ; @nd revolutionary. | TILTON’S CHARACTER ATTACKED. thimtape tie divides his standing collar trom bis | quest quecion ” n oaueMt Of witneas, read sbirt bosom, Wiich has two plain goid studs. Ue- Witness tuen resumed—To the best of my recol- Casionaily he breaks nis coat open, thrusts nis lection, I shouid say not; my interview with Mr. Bands deep in bis pockets and exposes a goia watch chain. He is very nearly of the size and Style of tae jate General George H. Thomas. ‘biiton iasied avout an hoar. Another spat between counsel arose on the fol- lowing question :— Q, “Did you learn from him a+ that time the ob- | ject of the interview be oad with Mr. Bowen?” | The ‘ace above those imposing proportions isin- ‘and reauited in the question —. put as fol. — dividual and poweriui, without tne aid of a visual y Oviiquity which still more gives tt the air of eom- Dativeness, not to say carnage. He, howéver, isa 00d looking man. The face siopes backward iike Qn inclined plane, and the jaws, covered with a red 1ows:—-Whetuer auything was said Mr. (iton on that day as to Lhe ovject of the interview he brGbble of beard, like buckwheat stubole partly grizzed with mist, are even more prominent than bad with Mr. Bowen? A, I think there was. Abotoer squabble then arose upon a legal teck- the large square ioreuead. Between the jaws and jorenead the features are compressed into nicauty. THE JUDGE RBBUKES TRACY. ‘The fire bell was striking Oercely, clang on clang, arei@uvely small space. The mouth is neariy hid- den by the grayish mastacie and beard; the nose in the City Hall, as the Judge rebuked [racy ior making aside remarks, as the witness, with iolded arms, declined to answer Tracy’s questions as Tracy desired, as the Juuge rebuked Evaris for in- sinyating toat Moulton answered evasively, as iestraight and tain and short and @ utse beat. Tracy, loomingup with folded arms, smiled luridiy, jab. The eve @imost hiddeo and email, aod and as everybody was more or less mad. A iitcie apparentiy vine. anger—the property of # man of naturally strong Brect, resolute, fervid, afraid of no man, but not Opinions—bad been disseminated to ali tne coun- 80 good to handle the rapier as tue broadsword, #¢) and to & part of the audience. Juage Porter | ‘Tracy whacked at Moulton with so mach power 4S lamented by men of tranquil temperaments, that he lost relatively more vitality than the wit- WOO recalled bis mild and courteous crose- ness. He vad the keen assistance of Mr. Evarte ¢X@mination of the day before, Moulton, in an and no end of suggestions ‘rom mr. Shearman. even tome of voice, replied to fracy monosyila- Mr. aod Mrs, Beecner and Mra. Tiiiom and party Were in court, with Mr. Tilton and Frank Carpen- der, the artist. Wat they did and looked will ve found in tae text. OPENING THE Day. bically. A few minutes atter eleven o'clock Mr. Evarts rose and stated t Jauge Porter nad been \abor- ing ander @ severe indisposition for the past three or four days, aua tis morming bad writien pim a UNHANDSOMZ PROPOSALS. Witness resumed—He did oot teil me that the interview tad been brought about by Oliver Johugon; be did not tell me at tuat interview tuat Bowen uad repeated the stories which be vad beard about Tilton; be wid we that be said to Mr. Boweo that Mr. beecner vad made unband- some proposals to his wife; Le did not say tuat be offered to joi Mr. bowen in that War again M Bote saying that he was unable to ve out He beecber; ue did not say that he offered to dra hoped, howeve:, (0 Le in court to-morrow or tne the letter that Mr. Bowen sent to M pext day. gags Neilson expressed his regrets Beecuer; he dia pov say that be gud asked Mr. EVarts to take fis place, and the draited that letter; be did rite that letver; [ uextsaw Mr. Tilton between toat tine aud December 20th; [did not Know at the ume of the second interview whether Mr. Bowen oud gelivered Tilton’s letter to Mr. Beecker; I did got inquare Whether it bad been delivered; I did uot koow how Mr, Beecher received that lecter; I knew that @ aoury interview between Bowen aod Tilton had occurred; | saw Mr, Tilton ou the evening of the Suth tn my house; | think it was about six o'clock; Ido got remember wuether be tvok tea at my Louse; our interview tovk piace | ig the trout roum, up sisires; tae tuterview I shoud thing /asted about twenty mindtes; | went J tue to Mr. Meecner's bouse, fatter replied that they proposed to divide tne Cross-eXamiuation between \hemseives, That re- Mark brought Mr. Beach to fits leet witn the FLRST OJ ECTION, He stated that they bad no objection to the con- tinuation u/ tue cross examinauon by another of the counsel, but he considerea it am injustice to have tout aa'y divided amony several eodusel. [Dp fact, We Wools racner have tue cross-eXamsmation postpowes unril Jguge Por er is adie Lo com inue it, Judge Nevson—Very likely it wul be unneces- wary. Nt. Svarts compiaioed that it was pardly to be Supposed tual aier receiving tant mote irom | Was all round. cross-examination of this witness would be un- | had | talked about with Mr. Beecher. | mo court at this wme. | recess, “ Q. And you said to Mr. Beecher what you bave repeated on your direct examination ? r. Morrts—On his cross-e Xan nation, Mr. Tracy—I don’t know whether he has or not, MORBIS BOUNCES EVARTS. The New York lawyers on this trial, relying upon the superior awe they inspire in Brooklyn, where the Bar is conceded to be of somewhat watered proo!, undertook yesterday to bounce Kings county in the person of Judge Morris, He asked | ‘Tracy @ question from his chair—reading a printed book of evidence brought forward every day. Mr. Tracy replied as above Mr. Evarts then arose in his most lordly manner—“Who made this inter- ruption 1” Mr, Morris—l cid. Mr. Evarts expressed his dissatisiaction with It. Mr. Morris arose ana waiked over to Mr. fvarte’ elbow. “I opject,”” he said, “to the question now; you are going over @ cross-examination already ex- bausted.” The Judge sustained Mr. Morris. Covert wrath Mr. Beecher was “fingering,” | meantime, with the strings behind his wiie’s blue and black cap. FRIENDLY AiD. Monlton resumed:—On coming down thi Mr. Beecher ria’ nat can Ido?” [ said, Dot a Chris! , Dut I will lry and show you how a rve yau;” I intended that as @ prof- ship to Mr. Beecher; we talked about L told him of the charges that Bowen | against Tilton; { told him about the sume au I repeated now; he expressed surprise at it; he said Bowen had repeated the stories avout Tilton; I think he said it on the evening of Decem~ ber 30; he said that Mr. Bowen had said to him that he bad heard certain stories about Tilton, and Mr. Beecher also said that be sympathized with Mr. Bows he did not state what the stories were; Ido not remember the conversation more fully; I expressed surprise at what Mr. Beecher had told me; the substance was that Bowen was treacherous to both; 1 do not think he said he wa: the iriend of neither; I said he was treacherous Tilton; I donot think I expressed any opinion about the truth of those stories. ANOTHER BBEEZE. In about three minutes Morris, emboldened, bounced Tracy. Evarts came to Tracy’s relief. | Everybody mixed in except Pryor, whose coun- | tenance was a mirror of the varying pictures of | his side of the case from point to point. The Judge ruled Tracy out, and one of many score of exceptions was noted, The jury were less atren- live than on any previous day, and gazed around the apartment, probabiy because they had heard the substance of the testimony and did not know the object of the inquiries, The scene was aa followa:— Q. Did you intend by your reply that Bowen was treacherous to bota of them to leave the impres- sion upon Beecher’s mind that you thougnt the Stories about Tilton true? Bene aR eOR Opjected to. State what e said. Judge Netlson—I thing you can judge better from what he satd, Mr. Evarts—The witness has made a reply which on One view, and peruaps the correct view, car- ries the impression, a8 compared with the rest | Ol the testimony, that be meant to say that Bowen had been treacherous m telling these stories about Tilton, or that he had been treach- erous to Tilton im the matter of friendship, by telling false stories. We want to know whicn of | those views be nad presented to Mr. Beecuer. Judge Netison—It is not @ part of the conversa- | tion, Mr. Evarts—He didn’t answer that; we are cross-examining him to get at exactly the reading and purport of bis conversation, asit was stated and produced un impression upon Mr. Beecher’s ming, Juage Neilson—You have a right to that; I agree with Mr. Evarts that you are entitied to ail o1 the eps am | Conversation. Mr. Iracy—We are cross-examining this wit- ness, He satd he made 8 certain answer to Mr. Beecher, which is ambiguous. Now we ask what he meant by that answer, vecause his mauner of Speech, accent, intonation of vuice, all carry with it its impression which 18 important for the wit- Dess tu reflect to the jury ald we ask him what was his incentton. Judge Neilson—Mr Beecher might have under- | stood that impression one way and the witness anotuer, Idon’t think you cad get that from the witness, WA Tracy—Does Your Honor exclude the ques- joa Judge Neilson—Yes. Mr. Tracy—Note our exception. We pass on. Witness—Mr. Beecher did make a reply; be said he tnought he was treacherous; Ido not re- member repeating my offers o/ iriendsnip at that tt when we entered my house Mr. Beecher | pas*ed up stairs and went into the front room; I | remained in the parlor below; I do nut remember whether [locked tae front door or not; 1 did not take the key out of the door when Mr. Beecher came in; when Mr. Beecher came down! went With bim to Tiiton’s house, and on the way down tulked about Bowen; 1 told him again that I | thoaght Bowen was a treacherous man; I told Mr. | Beecher that he promised to sustain Tilton in these charges, he goes to you, according to what you have said, and told those charges; now i think that he ts treacherous in repeating tnose storie-, and iu having said what nedid to you; I | ‘Uhink he is treacherous to Mr. Tilton; no jurther reference was made to them; ne did not go into details about them; as we waiked back to his house the conversation was substantially the same; [do not think anything was added to the substance of the conversation; I do not think I expressed any opinion about the truth of thos stories during those three interviews with Mr. her; {ao Dot know what Lnose stories were; Iknuew nothing of them except in a general way. What did you kuow in a general way? Beach—We object. What if he did know about the stories—are they, by this witness, to prove that be has heard stories against Tilton irom @ third party? Mr. Evarts—They are to prove the subject of future evidence. dadge Neilson—It may be that it will be in the nature of general evidence, Mr, Beacn—li your Honor will permit me, I hold that to repeat stories heard in that general way is contrary to all the rules of evidence. Mr. Kvarts—It is to show what knowledge the witness bad concerning the stories be says ne Judge Neiison—rhe question is, did he know whether the stories were true or false to which reference was made? MORE LEGAL SPARRING. Mr. Tracy developed, as he proceeded, an inten- tion to draw new matter out of the witness as a subject of shrewd cross eXamination, and this led to a sharp debate, when Fullerton called Tracy an mterrapter. Tracy stood smiling like a prize- fighter manceuvring for position and blowing of between the “fibbing.” It lookea very probable that Henry Ward Beecher was to go on the stand, as Tracy’s examination of Moulton appeared to be preparatory of adeniai by Mr. Beecher of many Of the points being extorted from Moultom, Mr. Moulton gaped as the counsel quarrelled. 1t was @ weary day all round. WINSTED, CONN. Witness resumed :—I think Mr. Tilton told some- thing about # transaction at Winsted, Conn., that Mr. Bowen bad spoken of; do not rememuer the details; Tilton said that Bowen said that Tilton was at Winsted with a lay and that ne acted im- | roperly her; 1 do not exactly remember, as ir. Bowen spoke to me aiso avout the stories; thar isaill remember of what Tilton told me; do not remember anything more than I have stated; I do not think Mr. Tilton specified how his Conduct was supposed to be improper to the lady, | THE JUDGE REBUKES TRACY, AS the inqury developed into the question of , miscellaneous intrigues with women the largest of the ladies present produced her handkerchief nd stooped her head. Judge D. D. Barnard came The Judge rebukea Mr. Tracy for repeacing the answers of the witness, saying that ‘a gentieman of wis large experience” ought to keep this error in mind. Mr. tracy courteously bowed and thamked the Judge. Both Mr. and Mrs. Beecher were now aroused, and | with beaming eyes heard the lawyers’ tussie. The | Judge cut here and there between counsel with a | bind man’s impartiality, ruling out bow aid about equally and watcuiug the case like a great mast. Said one of tue members of the Bar at ison has only one amvition in the World—to approach the perfection of a justice.” Witness—He did not name the lady; | chink he said i occurred when Le went up to lecture; be did not teil me that the story circulated wa: that he wook @ lady there, not ‘bis wife, WoK @ | room at 4 bOtel any Wok Ledrooms adjoining and | communicating; i do OOt remember any other story; the lapyuage be used to me, a8 near as 1 can recollect, Was that M:. bowen said that stories had come to nim concerning Mr. Tiiton’s conduct | with @ womaa;! think Mr. Liltom told ms that | beiore the 20tn; it Was not on toe 20tu; be tod me \uose stories were explained by bim to Bowen a the interview; le did not say that is contracts were threatened uuiess Le expiained those stories; | L suppose they Were the same stories Mr. Beecher reerred to as having beard from | Mr. Bowen; Idp oot taink [ lett Mr. Beecuer with the impression tust | belueved those stories; I Said Laut i (bvogat Bowen Was @ treacuerous Man; 00 account Of Uis Lreacuery be ought nut to ve De- leVed; 1 did not say chat he ought not to be be- lieved Ou account Of bis treacuery, vut it Was on account of bis treachery why I said that; 1 said that to give Mir. Beecher tu understand tuat I did hot believe those stories; [lett my house U to Mr. Beecver as the iriead of tivo. Cail this Cuntioversy oy ui; | nave met Mr. 1 Wos uot His enemy; | Was not his intimate pi sonal iriend; I proffered tim mi ‘vices and riendauip; Ldia aot do that wito . Tilton's Knowleage; [did 4 iipes, his Know. i ot carry @ letter to eecher that he 5 ad a letter in my pocker; 1 ot kaow nerber | DO, and thus Make it appear that he was inimicgl | velope, “ . Have you got that envelope? A. Iam not | to Beecher at the time Moulton said “1 was not woh shout thax at the papers t re ii regard to hig enemy.” Tracy bore stubboruly for an an- | this case are in the bands of Judge Morris. swer. The witness appealed to the Judge to let Q. Do you know If the direction of that letter | better give it up to me; Iwill burn both the con- | the poet, where he says he seeks to | ably Carpenter, Wno was @ new apparition and | companying them, NEW YORK HERALD, THURSDAY, JANUARY 21, 1875.-TRIPLE SHEET. making way. were often made on a rising infec. tion, 80 that he left the last word apparently bal- anced in the air, CROSB-BXAMINATION RESUMED. Q. At what stage of the conversation with Mr. Beecher did you read Tilton's letter requesting the return of Mrs. Tilton’s retraction? A. I do not recollect; 16 Was addressed to me in an en- 1¢ was in aD enveiope or not; It was not addressed to Mr. Beecher; | do not tnink he ever saw it, MOULTON AS 4 FRIUND. Frans Moulton’s resyouse to Tracy, as to whether be was Mr. Beecher’s {riend when he be- gan to act for Tilton, was one of his coolest bits of dialect, It was Tracy’s object to have him answer Was inthe handwriting of Mra. ‘Tiitont A. 1do not; I have not got it, Q. Do you know what became of it? A. The en- yelope, it not among my papers, must have been estroyed. Mr, Evarts—The letters introduced here by the plaintiT were not in envelopes. We were told that the envelopes Were on hand and would be produced, Mr. Morris—Not at all, Mr. Evarts—No; that you had some elopes, and that whatever you had would be handed in. Q. At Wuat stage of the interview with Mr. Beecher that night did you reac to him that let- ter? A. 1 read the explanation first and then He her (Mrs. Tilton’s) letter requesting its re- rp, Q, Tunderstood you to say that if Mr. Beecher surrendered the retraction you would destroy the bim discriminate, Then he said, “1 was not his intimate, personal iriend; 1 had known him Pieasurably and was not hig enemy.” Moulton’s air is that of one periectly seasoned in the wit- ness box, His voice is less snarp than formerly and he plays the witness like one playing a game of chess, capturiug the jury by good nature and ready sense, Witness—I think Mr, Tilton left my house quite late On vhe night ef the 30tn; I saw bim again on the morning of the 3ist; { do not remember whether { went to Mr. Tilton’s house before I Went to business; I sometimes went to the dock and returned; I believe 1 went 10 Mr, Tilton’s honse during the day; Ido not remember who went with me; to the best o1 my recollection I | Front to the house and saw Mrs, Tilton: Law her socuaation j you wonid destroy both in his pres- in her room; 1 do_not remember whether she was e' in bed; Ido not remember whether she was sick The Judge—He has said so; if Mr. Beecher de- or well; | think she was ill. sired it, Q What did Mr. Beecher say to that? A. He said that in case any accusation might be made against him this retraction wouid be the only Protection nis family would bave; 1 sata 1 would keep both—preserve both. Q. Did you not mean by that to be understood that they should not be separated? A. That I should keep them both mm my possession. Q. Did you not mean to be understood by Mr. Beecher that those two papers should never be separated? ir. Beach--Do you mean to say that they should be fixed or pinned coarser? Mr. Evarts—He said he would Seater them both or keep them both. Mr. Beecher said this retrac- tion would be the only evidence bis family would have against the charge. Do you mean by sayin; that you would keep tnem both that you woul keep theni 80 that One would not appear without tue answer ? ‘ The wituess—I cannot answer yes, or no, with- out an explonation. Isaid I would destroy both of those papers if he desired it, or that 1 would keep them 00th, not necessarily together, but saie; that T would keep them from the public. That is what I understood. Q. Do you mean to ve understood that you would keep those papers, so that one suoula not be shown without the other? A. I meant to keep both sate, MEAN OR NOT MEAN. Q. Do you mean to be understood that one of those papers should not be shown to the public without the other? A. 1 meso that Mr. Beecher, Mf those papers were to be used against him, should have tue benefit of the coniession, * Q Do'you not mean that that paper was to be presented if any accusation was to be made against Mr. Beecher, and that tne retraction was to be @ recantation of the accusation? Mr. Beach said that this was arguing the effect of tne paper. Witness—I meant that they should be both ex- amined together or both destroyed together; 1 do not suppose I had any authority from Theodore Tilton to make that offer; to the best of my recol- lection I had not. Q. When you got that accusation from the hand of Theodore Tilton you had pledzed your iriend- snip to Mr. Beecher and offered to destroy that accusation wituout the thority of Tueodore Tilion ? A, On my Own responsibility I offered thas, sir, and 1 woud hi destroyea it that | Do you mean to say whether she was ili or Judge Neilson—He has answered that. aa Beach—He 1s uot a physician; how can he Judge Neilson. arts—Ci 0. Your Honor tell whether a disposed she was at the time, and this witness can’t tell us whether he knows or remembers that this woman was sick or well at that time. Judge Netlson—My own judgment is that when a layman Saya of @ lady he visits ‘she was tl, he thinks,” 1 think it 18 @ fair answer and a full an- swer. You may ask why he thinks she was tll. ‘Witness—Ido not remember who was with me in her room; I do not remember whether Mr, Til- ton weut tothe house with me; I rode tothe house; I do not think Mr. Tiiton rode with me; to the best of my recollection he did not; Ido not Tecoliect who was in the house when 1 went there; Ido not remember the hour I went there; Ido not recollect whether Tilton was there. Q. Was that letter written im your presence? a. Don’t remember whether it was or not, chk, ison—Why repeat that, Mr. Tracy ? Mr. Tracy—Excase me, sir. MORE TROUBLE, The Judge objecting miidly to the question of Mrs, Tiiton’s illness at a fixed point being asked four times, Mr. Beach interposed, saying,*The wit- ness is not a physician” Tue Judge assented to this, and Mr. Evarts hotly addressed the Judge in one of his swelling cadences, clear as the earilest crow of the aroused chanticleer. The Judge coolly reas- serted his position and kept the witness under a certain amount of protection. Moulton has got in the habit of studying three points in the eourt room—first, the defendant’s counsel; next, the plaintif’s counsel; lastly, theJudge. It was not apparent all day yesterday that any great advan- tage Was gained over him, although the day be-. fore the plaintif’a counsel were very well pleased with their work. Witnees—I do not remember whether that letter was written in my preseuce or not; Ido not re- | Bight. member whether 1 got this letter irom Mrs. Tilton | .@ Would, that have bound Theodore Tilton to at the house or whether it was sent to me by mes- aiulected fg senger; I wiil not say tbe letcer was not delivered to me by fheouore iulton; I left my house on the nigat of the sist, aiter seven o'clock, to go to My. Beecher's; Iiound Mr. Beeober that evening; he was not at home when I called, but when [re- | turnea he was waiting for me; i belleve we had our interview in a bedroom on the secoud story; I | sald to bim that { thought he should consider the subject of tuat ratier strange interview, aud I re- called something 01 the conversation of the pre- vious evening to him, and I said to him, “You | got Theodore’y permission last night to go down aud see his wile, and you procured irom her a re- traction of ber confession, and you procured what Imust term a ite, and { tumk you were guilty of great meanness in doing tnat: I think you were;” I toid nim that 1 nad received a note from Theodore in the morning, asking back the con- fession of his wife, and pee me seen aeeanere and he was very augry about his conduet; and suid, "Mr. Beecher, {> did, not see muen of the | distinctly, so that nothing can be evaded, guidance of God in what you did, but at the same | | Witness continued—fo the best of my recollec- time there may be a Providence in if, after all; 1 | ton, I showed the letter to Mr, Beecher irom Mrs, bave come lor that retraction; I think you bad | Tilton; I think 1 showed it to Theodore beiore going. @ bia you not sayto Mr. Beecher that you knew of the letters irom Mrs, Titon, and knew that you came with a request to burn the paper ? A. Ido not remember that I said any such thing; | to the best of my recollection, I did not say that. Q. Did you tell Mr. Beecher that Mra. Tilton’s object in procuring the return of the papers was that they might be burned? A. 1 satd the letter to | Mr. Beecher; 1 do not recollect tuat 1 told Mr. Beecher whether Mr. Tilton knew ot that letter or not; 1 do not recollect tuat he asked me. Q. And yet you say on the authority of tnis letter you would have taken the responsibility of ‘The Judge—I rule that question out, Mr. Evarts—He says he would do it on his own responsibility. We except. The Jadge—There 1s nothing to be gained by repeating Lhe matter. Mr, Evarts—We want that there shall be no | escape from the matter, There was nothing to | bind Mr. Tilton to any retraction whatever. There ‘Was nothing on that occasion. of which he as- sumed the responsibility, by reason of anything (hat passed between tne witness and Mr. Tilton, that would bind Mr. Tilton to any suppression whatever. Mr. Beach knew that it was for some one else | Pas the witness to Make a statement o1 that | ind, Mr. Evarts—The question has been asked; it 1s ruled out, and we except. The Judge—All tuat 1s down in the notes very fession and the retraction in your presence if you choose, or I will hold both; and tread to him the letter which Elizabeth Tilton had either sent or given to me, and I read also a letter which Theo- dore Tilton bad given to mé, dated midnight, in waich his wife iniorms him of tne recautation;’’ and ne said to me that this recantation woald be the only defence of his famtiy—i am giving bis language as nearly as I can recol- ct it—in case he was attacked, and I said to him, “Mr. Beecher you have bad CRIMINAL CONNECTION with Mrs. Tilton, and you go down and get that sper. Idon’t see how you could perform two ot only burning the retraction but of buruing the Faen acts, Mr. Tilton’s disposition last might was | paper you had received irom the handsoi Mr. absorute, He said that no matter what might come , /'ilton that night. “ to himees lie would protect bis wife and family; Alter some Objections by counsel for plaintiq, The Judge put this question tu the witness:—If Mr. Beecher had conseuted to the destruction of both letters would you lave destroyed them on the authority of that letter or upon your own re- sponsibility ? Witness—I think that my own thought in regard to Re matter would have influenced me more than either. Q. Did you say that you made this assurance to Mr. Beecher tnat, it he would surrender the re- traction and accusation to you, and permit it to | be destroyed, you woula destroy it without having any authority from Theodore Tilton, or without knowing from Theodore in any manner whether if that was done It was to end pota accusation and | retraction? A. I would have destroyed the papers on the spot. Mr. Tracy suggested that the answer be striken out as irresponsive. The Judge—You say you would have, sir? Mr. Beach—No, sir, no, The Juage—Let the witness explain his answer. The question baving been repeated, the witness said :—I would have destroyed it on the spot witn- out any authority from Mr. Tilton; I do not re- collect that I had any authority trom Mr. Tilton to make that representation to Mr. Beecher; { made the representation without having authority. be intended to do that. Aud Ar. Beecher then \d to me, With great sorrow, weeping, that be loved Elizabeth ilton very much; that ‘orongh his love for her, if be had ialien at all, he had ialien; that tae expression, tile sex! @XPi eke sion of that love, was just as natural in lis opioion he had thougot, as tue language he had used to her; shat it bad fallen at all he nad falien through that way, through love and not through lust, or words to that effect, And he said:— “This. would be my defence, my only deience | in 1 was attacked, but with you, I throw myself upon your iriendship and upou what I believe to be your desire to do the best for all parties,” ana #61 was leaving wim he said, nearly as I can recollect (that part of the language made a great impression upon me), he felt that he Was upon the brink oi amoral Niagara wiih no power to save himsel’, and that was the substance Of the interview. He gave me back the retraction. Mr. Tracy—Q. Now, witness, will you explain to the Court and jury how it happened in repeat- ing mr. Beecher’s remarks you first said that he said bis expression toward Mrs. Tilton—tben cor- Tecting yourself you said his sexual expression toward Mrs, Tilton—will you tell us how, expiain | to she Court and jury how it was you made the sip’ A. Ido not understand ti lip; ifyou will Q. Did you know of anything in case the retrac- tion had been destroyed that night which would have prevented Mr. ‘tilton from renewing the | charge the nextday? A. Yes, What was it? A. Mr, Tilton expressed to me that he was going to save his family; be did not mean any barm to {all upon bis famiiy; cuat was | my thought and beliet; I precisely undersvood that | a8 a declaration trom ‘Tilton that he did not intend to bring beioie the puvlic his charge ageleet Mr, Beecner; 1 understood that from Mr. iton for the first time on the night o1 the 30th, Q. Before you paid your visit co Mr, Beecher? & No, air. MRS, TILTON TO FRANK MOULTON. ‘The ietter referred to is as follows :— Satunpay Morwina. My Dear Feaxx—I want vou to do me the greate explain it— . Q In repeating Mr. Beecher’s language on this occasion, you first said that—— Mr. Shearman—I'nat he considered his expres- sion. ‘Then he stopped and sald, pis sexual ex- pression toward Elizaveth Tilton, Mr. Tracy—Q. Can you tell how you bappened— why you repeated it in that way? A, Way, [ dropped & word, that is all. Q Are you aware that you made exactly tbe same mistuxe on your direct examination? A. No, | ‘Not aware oi the fact? A. No, sir. r. Morris—If this 18 to be read, I ask that it be Tead from the original stenographic notes. Mr. Tracy—1 am not going to read it. Mr. Morris—Kecause they are incorrectly re- ported, and that is not the only incorrection. Judge Neilson—Errors will creep tuto the press, | Mr. Morris—I call, then, jor the original steno- Boobie favor. My letter whieh you have, the one vi | whith Igavo Mr, Beecher at his dictation last evening, | ‘aphic hotes. The stenographer called my atten- both to be destroyed. Please briug both tom | ion to the error Bimself, and J saw that it was ought incorrect. | and I will burn them. show this note to Theodore and Mr. Beecher. They will see the propriety of this r te Your truly, i chads ER vittoN. OFFICIAL REPORTS, When Tracy drew out of Moulton Beecher’s al- legea confession to him of his love for Elizabeth Tilton, after getting the retraction from her which Moulton had recovered, there was a sort of sen- sual leaning forward in the audience. Mr. Shearman | appeared in the crossexamination orally, and this led to a long debate against the correctness Of one of the newspaper verbatim reports. Mr. Beach, Who is aggressive, made an attack on the New York Tribune, not ior ite opinionateane: but, as be said, for the poison it instilled into the prefaces, which werg mot ordimary descriptive | Tending matter, but were to be embodied in @® durabie publication. Trying to be both oMcial and opinionated, the Tribune was at- tacked as more opinionated than official. The HERALD account is not trying to be official We “catch the manners itviog as they rise.” To be correct on this important subject we may quote THE JUDGE for @ man of his years and experience in such pro- ceedings, showed a periect knowledge of the case in its progress and he discriminated in the ques- | tions, dividing them up so as to clear the witness? | mind and also to discipline counsel The whole | conduct of the case bas now fallen to Evarts and Tracy, Shearman getting ina whisper now and | | then and writing something interminable with | all the devotion of Mr. Dick to his life of | Charles L it ts very rare m a | trial of justice to see a judge take from the outset so easy and thorough a management of the case. The Chief Justice's spectacles are run out like a | pair Of carrouades. He does not remove his eyes or ears 8 moment from the trial. If the eyes | wander off @ minute the ears are left on watch, The ears never seem to leave the case, but appear asif they might stay of themselves if the Judge went away bodily, and would give bis great pair | Of jaws a lull account of all that happened tn nis absence so that he might clineh it, But for the Juage there would be a wrangle. Witness went on to say—On the 31st December, as! recollect, Mr. Beécher had no talk with me in regard to the stories Mr. Bowen haa told against Mr. Tilton. . Did not Mr, Beecher tell you on that occasion that he sympatuized with Mr. Bowen and had taken sides with Mr. Tilton ? A, Be tuld me on | the evening of December 80; that is my recoliec- Hon as tothe date; he spoke with regard to Mr. Bowen on the eveniug of the 0tn; On the evening of the ist of January Mr. Beecher said he had aympatuized with Mr. Bowen, aud taken sides with bim against Mr. Tilton, in consequence of stories which were in circulation in regard to him, espectaily in reference to @ specific case where be haa ceen iniormed Mr. Tilton had rela- tions of an {improper character with @ woman whom he named, Q On the evening of the sist, when speaking of the same tuing, did he not offer to write a letter to Mr, Bowen, taking back woat he said with re- @ardtour A, No, sift, noton the evening of the lst; that occurred on the 1st of January; i was either @ my house om Jamuary 2 or at uis (Mr. Beecher’s) house, on January 2 that he showed me the draft of a letter he proposed to write to Bowen to connect what he had said avout tn Q. Do you mean to say toat tnisietter, the Bye Navare's walks. shoot folly as it Ai Abd catch the ners living as they rise. Tne Coart then adjourned anti two o'clock. AT RECESS, Dr. Thomas, the Baptist clergyman, had @ seat by Mr. Beecher ip the aiternoon, and to bim Mr. Beecher pointed out Moulton and Carpenter as they entered. Mr. Beecner med to be very much amused with one of these gentiemen, proo- who boldiy arrayed bimseli with Tilton in Court, Judge Henry W. Tiovitts, o: California, saton the Bench with tne Chief Justice. AFTER RECESS, ‘The afternoon’s proceedings led on with an at- tempt to throw doubts upom the authority of Beecher’s papers by asking for tne envelopes ac- Moulton took the chair with his usual cool- hess, pulied the strands of bis long mustacne, Jooked reflectively at nothing iu particular and seemed & little weary—in truth, everybody was weary. The vrevity and pitniness of the cross i examination were not very iascinating, as they ugh involved very little narrative, uo 10 gras t was COA Ta We 0 only occasional play of character. swers to Tracy's strong aud pressing questions, | ay is house, on the ad oF January, OF at bid ) OF tue 2d of January. Whisk were someumes delivered im & speech he tell you, sitar 08 Gist oF the s0th | first statement was published August 24 an | fagh World, Tribune or Times ? | else beside Ih or tne 1st of January, that Mrs. Beecher and him. self had been expressing great sympathy toward Mrs. Tilton and taking an active interest with her against her husband? A. I spoke to him on the evening of December 31 about certain stori Theodore Tilton said Mrs. Beeuner had been circ! lating against him, and, to the best of my recollec- tion, Mr. Beecher said Mrs. Beecher recetved her information irom Mrs. Morge, whom she velieved to be A DANGEROUS WOMAN, and he himself sympathized with the storlea; Lao not remember what those stories were, MRS. BEECHER’S STORIES, When Mr, Moultun related that Mrs, Beecher was circulating stories of # scandalous sort in the case, aud that Mr. Beecher had been requested by Moulton to stop them, Mra. Beecher followed the matter with a smile and manner of dumb slow al- most appearing to be a member of the dramatia persone. Her large hand was at her chin, ner eyes were keen, and around her mouth played a satirical smile. She wore a bine and biack knit cap, Ger- man style, and dropped remarks from time to time to Colonel Beecher on one side and ber hus- band on the other, Yesterday she wore a black shawl with @ white border, a large garnet breaste pin and gold ehain suspended from it, Her hus- bana read from a yellow-covered book on the scandal nearly all day and kept a very sober, florid 1ace, looking only occasionally at the wit ness. Tilton wore a pair of large blue cuff pins, bit his thumb in tight placea and foliowed the whole proceedings like a fleld marshal. He ought to drop literature and go to the Bar and take Frank Moulton into the partnersnip. General Slocum came into court in the afters noon. Demas Barnes sat a part of the day among the reporters. Witness continued—I think the stories were mentioned sudsequently, not on that night folly; 1 think the nature of the stories was not men- tloned in the conversation of the night of Decem- ber 31; they were referred to as INJURLOUS STORIES ; 1 told Mr. Beecher the stories that Tilton said Mrs. Beecher was circulating against him; I think Geseribed them as intidellties—tne inidelities o Mr, Tilton; no names were mentioned that night; I told Mr, Beecher that those stories ought to be stopped; I don't think | said they were false; I don’t think I said anything about their truth or jalsehood; ldo not mean to imply that l wisned Mr. Beecher should understand that they should be stopped if they were true; I did not on that occasion gay that the stories were untrue, and ougat to be stopped; 1 do not remember saying thy were untrue; | don’t remember giving any Treason why they should ve stopped; I ald not 3 anything to leave the impression on Mr. Beecher’a Mind that the stories were true, Q. Did you say anything to leave the impression on the mind of Mr. Beecher that they were un- trae? ‘This question led to a legal squabble of some dura- tion, which was ended by putting the question in this form to the witness :— Q Was the purport of what you read to him such as to leave the impression on bis mind that toey Were true? The Judge—You can answer that, Mr. Beach—We take an exception. Witness—No, gir, it was to leave on his mind the impression that they were not true. Witness then gave a history of the accusation and retrac- tion. He said:—I took the retraction back to my house, and read it to Theodore ‘ilton or may have handed It to him to read, and then took the Te. traction and accusation and locked them up in my bureau, and afterwaro brought them over to New York and locked them ap in a safe; aster the tri- artite covenant Theodore Tilton said he wanted he conte-sion to give to his wife as a mark of good iaito, and [understood from him that he gave it to her ana saw her destroy it; the tripare tite covenant was signed in April. 1872, and it was two days terward ga e her the confession; they th kept tm my tan ox; I kept them in my house, I think, until! published the state- ment—tnat irat statement; | used them ip the statement; | think that before that I suowed it to you (Mr. Tracy) at_my house one night after the publication of the Wooahall story, and then put it back and kept it; I kept it in the box from the Ume I made the statement in August up to tots time; it has been in my possession; 1 handed 1¢ to Judge Morris among the other papers since this suit Was commenced, Q, Isit in your session now or in Mr, Tile ton’s? A. It is in the possession of Judge Morris, who is Mr. Tilton’s counstl. Q You mean to say that you kept tnis re traction until this suit was brought py Mr. Tilven Sgalust Mr. Beecher snd ther you banded it to hid counsel! Some more legal wrangling followed on tate te Poin Finally the witness said:—I received a suppena from your (Mr. Tracy’s) office and consuited Judge Morris in regard to it, and handed him my pm pers, and, among others, this paper; to the best Of my recollection, | never put it in bis bands be Jore; I understand tnat the paper is stillin Possession under the subpoena; I understand that tne pager is Jor production in this Court; I don’t remember at what time 1 delivered this paper to Judge Morris; I have undertaken to give Judge that he were | Morris ali the papers under the subpoena; I have made and puviished two public statements of this mat er. and both were made aiter the publication or Mr. Beccher’s statement. Q. Where were those statements prepared? A, One was peered at Bayview and the other ag Lowell; 1 was present duriug the preparation of the first paper; the first ae Was prepared af Bay view ; tae other at Lowell MORE REBUKES, At three o’ciock the Judge rebuked Mr. Tracy fod making a question, repeated with its answer, serve the purposes of anargument. There wad quite a spirited fight. Shearman’s spectacies, just up to Tracy’s chin, were gleaming with the wis, dom of his one-thousandth suggestion. Fallerton got a laugh out of the audience. Tracy's smile hada lurid import. Roger A. Pryor bit om large pieces of bis under lip, and thermometricaily de noted the effect of the contention. Westcot{ Franklin was sitting all this time between Tilton aud Frank Carpenter. BUTLER INTRODUCED. Tracy's inquiry as to where Mouiton’s two state ments were prepared led everybody to raise ears, All knew Ben. Butler’s name was coming out, Mr. Beecher had almost a glad smilo as the witness promptly answered that they were pre- pared at Bayview, Butler's summer residence, and at Lowell, his winter residence. Moulton beat Tracy on courtesy every time, and the foreman of the jury was kept in a twinkling state, apparently enjoying the flash and cra_kle of wits between the two inimical men. Some of Tracy’s distinc- tions were apparently mere ill nature, as for ex- ample:—“Did you show either of your statements to Tilton before publication?” “I think I read him & part of the first one.” “Don’t ask you whether you read it, but whether you showed it?” This was little above bullying, and by the coughs, gapes, wheezes, &c., it was seen that the audience was more worried than the witness, Witness—1 gave to General Butier, my friend, the papers and he made out the statement himsel, Q. How about the other? A. The second state- meut was made out in avout the same way, sir, Did you dictate to ® stenographer what was taken down in the statement? A. 1 did not, sirs { dictated a portion of the second statement to a stenographer; | w resent Wuen General Butier prepared the first statement, q How did General Butler get possession of the facts, except irom your dictauion or statement conveyed to him by you in writing? A. He had the statements from me; be had the facta veruall) also; the first sialement was in pre; eral days; I think | brought back the with me to this city irom Loweil on the 4ta @ August; | had tue recantaion with me then. Q Did you have tats letter of Mrs. Tilton’s, re. questing that those papers might be burned? A. It Was in ny statement; 1 had it there; the second statement Was several days in properavee i second on Se; pe pwede on by ts yo og newspaper; 1 do not know y lished in the New Yok HgRaLp, Times and Trib. Q. Was not a py proportion of them pub- ay A. I do not a4 ee Se te the . me Q. Was any of the state! planed, $a, te lect, . Did he have it in bis possession? A. It was ree to himor read by him beiore it was pub lished—just beiore it was published, Q. Did he aiso see your second statement before it was pubiisnedr Yes. Q. Did ne bave it in his possession? A. I don’t kuow that be nad it in his possedsion: he read it beiore its pabdlication. Q Previous to that Mr. Tilton had publisied a statement in regard to it? 4. Yeu; a sworn stacemect, | believe, Q. ‘The Cross-examination had been published then? A. | can’t state. Q. Do you know whether any of it was pablished in any paper’ A. Ido not know the fact. Q be you know whether your 6 y vi nt was pubiishea?’ A. lw eneral Butler tol 10" aohe Ttea before their publication? A. I think I read a portion of the first one to Tneodore Titon, @. Dia you make Mr, Tilton acquainted with tue contents O1 that statement on or velore its pubit cation’ A. 1 think I did. Q Did you read tue fi statement to anybod} jouore ‘Tilton before publishing tt! A. Ididn’t read the first statement to anybody else belore it Was publi joond statement to any, 5 viiehed ? A. No, air didn't read it to anybody eise, Taen Theodore Tilton was the only perses