The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-01-29
TiItOn and MOuItOn Recommended to
20 to Europe.

I1ltDn ana hOultOh hecOmuehueut W
20 TO Europe.
He also recommended that either Titon
or Mculton be sent to Europe.
Cross-examined-Ii introduced Moulton
to YOU on that occasion. / think you
asked Mr.. Moulton if the scandal rested
ON ANYTHING elsa but the letter of contrl-
ton and other papers, and he
said that there also remain
ed the statement made by
Mrs. Tilton to her husband; i do not
recollect being present on any other oc-
casion in the study than at this interview; /;
| heard the true story read nj this inter
view; | think it began about 4 or 3
/ o'clock in the afternoon and ended about
! 10 o'clock ut night; / think we had sup.
per which lasted about All hour and the
! balance of the time was spent in discus
sing the Woodruff scandal the pistol
scene came up for discussion and Mr..
Mouton said it was incorrectly reported
then; | think you SAID TO Mr..
Moulton that this part of the
story which related to him could
be refuted, and | think you read the
story paragraph by paragraph. | do not
remember that Moulton at that inter
view denied telling this story to Mrs.
| Woodruff, nor that he admitted having
! told it.
Counsel read a portion of the Wood
hull article, and asked witness if Moulton
denied telling them to Mrs. Woodruff at
that interview.
Witness replied that he had no re-
mcmbrance of the parts of the scandal
read, as he took no interest
when they were discussed at that
interview; ] do not think ! advised
! Moulton to deny the Woodruff card in
so far rs it related to him; was in the
habit of going to Moultons; in 1871, |
met Tilton there; he was out of employ
ment and wished to start paper and
said $l5, 200 or 0,000 would be enough
to start with; he announced that he was
going 10 start it. and | advanced him
$1,000; there were about $4,000 sub
scrbed; paid in 81, 800 and got his note
for that amount; / saw Mr.. Southwick
and told him about 1t; | have never paid
the $4,000, but was released from it.
This concluded the testimony of Wood
ruff, and ex-Judge Fullerton called
Theodore Titon, who took the chair.
Mr.. Evarts objected to Tilton's being
sworn and made a long argument.
The counsel maintained chiefly that
all authorities were against the right of
the husband or wife testitying for or
against each other, rs their rights and
privileges were equal. and the innovation
destroyed and defled the privacy and
sanctity of the marriage relation.
Mr.. Evarts read from several eminent
iurists in support Of his position. He
claimed generally that if such rule
was adopted, perjury and violation OF the
nearest and dearest relations of conf
dence would follow. "The law, said
Mr.. Evarts, "throws around this great
civil system OF domestic inviolability, the
pure robcd figure of silence and secrecy.
1t does nothing by halves. 1t is com
plete, thorough, perfect, and states facts
so that all can understand.
General Pryor argued on behalf OF tho
defense, and said he would adhere strictly
to the point in dispute. The question
was this: Was q plaintiff in an acton a
competent witness in his own behalf
The common law excluded all parties IN
the suit which they were intereStedi we
had now attained that renown and en-
lightened degree, that a criminal was al
lowed to testify in his own behalf IN
1857 the barrier was removed by the
Legislature of New York, from party
interested in a case testifying in his own
behalf, and from subsequent alteration
IN the hraseology he was compelled TO
testify. This was the law when gov
crned this case, and would compel MN
to tell the story OF his own sad wrongs
it may be argued by the other side tha'
Mrs. Tilton was party to the action
the counsel admitted ile had an NEE:
of feeling and repute but it was not sum
cient to make her party to the case Inc
act of 1867 excluded the wife AS party 10
the. case; Mr.. Tilton wasinOt IN situa'
ton TO be acted on by 1t, but Mrs. li'toh
was, and this was what the law meant;
the Counsel was quoting legal authority
in support of the position, when tnC I'M,
hour of adjournment arrived, ana Will
continue the argument tomorrow.
steamer Burned.
NORFOLK. January 2S.--The steamer
Lady of the Lake, running between
. hnrnn1 tllS