The New York herald., 1875-01-30
YORK HERALD SATURDAY a SUPPLEMENT-


ests We have shown Your Honor that no such
consequences can be claimed from tins action.
morrow she might commence proceedings lor
separation and ior separate maintenance,
and tomorrow. Notwithstanding her mex
she may appear at ITS threshold and
demand admission Are the parties a.
only ones who VIII be thus anectedS No. s,r; no,
Sir. NY friend has referred YOU 10 the case IN 40
Of Barbour, showing tuat this Is true construc-
tion OF the language OF the 'ior and against each
other," and In al action Tor erin. con. the wife
has no sucn relation by winch that idea can be
better expressed. VIII just again refer you to
the case OF Sontnwck vs.. Soutnwlck in 49th New
York, and If Your Honor will examine the case
you Will nnd that IL sustainS the case. Ana now,
sir. what are une views under chs legislation trat
these judicial entries OF the successive acts re-
moving lmpedlments To the Introduction OF the
witness. shows tnat the doctrines OF the common
law have not been indorsed Dy recent legislation,
the state. Wnat remains theu, and why should
this plain tin be excluded from the witness stand?
am at . loss TO understand upon what principle
clple and policy OF law can that exclusion pe
malntainedr know-I know that evidence
may Ue drawn from this plalntin. If he Is
sworn, which will reflect upon the chastity and
the honor OF his wife. know tnat TACT has given
and Will give 10 my learned friend an opportunity
to stamp upon him the rude anu Opproorious ap-
pearance OF sucn dlscordant controversies be-
tween parties 10 this holy and deaI relation. II Is
wife, dishonored, crushed by the testimony OF q
husband. lie Is presented by hts wife In an
satlOns Of ner husband, having the revelations OF
her confessed disnonor pubisned TO the word,
and yet compelled 10 sit silent, without possible
answer from the lips OF tne supposed caiumniaior.
But the answer OF the law Is tnat have already
given, sir. IL Is that she is not Interested IN rne
event OF this SUIT. All her rights remain InviO-
late.and In any event she can CLAIM all ths privi-
leges OF the relation existing between her ana
the plaintiff. Bur that position, Sir has another
side. viii that be the irst revelation OF unas.
serted guilt? WIN he testimony from the lips
of the husbandbe the first dark shadow which
"a tbars
other conceivable case OF seduction, Is 1t the case
which crushes earnest womanhoody No, str; no
which this vile suffers and must suffer starts earlier
In the history OF this unfortunate transaction. lt
nor ne Se wp s bs s
was commenced the dark cloud had ensnrouded
TINS wiie. This action was not commenced until
the wic, stimulated by her seducer, mad deserted
the home OF hef husband This action was not
commenced until this wife, led by that seducer,
appeared before his chosen tribunal and ven Ted
her spleen and indignation against this husband.
Long before this action was commenced this
shadow had fallen over that household aud the
happy and honored home was distracted and sew
ered The argument does not apply here, SIT. The
epithet Is not appropriate to the action or this
case; 1t is not appropriate to any ACTION because,
assert 1t Is an Invaria0le truth that the disnonor
and ruin which loilows
commences long before the husband is apprised
OF his own dishOnor. 1t comes in alienated love,
II comes IN inevitable discord ana contention. 1t
comes at last IN the clear revelation to the dis
tracted heart OF the husband OF his wies seduc-
tion aud dlshonnr. Whatever may be said by
Theodore TiltOn upon that will not adu one jOt or
little to the agony, remorse Of that wife.
"But this is q suit iOr money, SIR" My client Is
represented as spreading over the reputation and
nOnor OF his vile In greedy chase alter the gold
Of the defendant. Why, sir. don't the counse!
know better; II not his associate and Your Honor
know better Z How long ago was it that IN TINS
case and before Your Honor the protlcr was made
to abandon this case iOr damages II my learned
friends would but press iorw ard their Indictment
for lDe in asserting the adu cry OF this defendant
with his wife Theodore Tilton seeks no damages
from THIS defendant; he would not STAN and burn
his palm with his gold but he seeks, SIR, vlndlca.
tlon. The sin OF this defendant mas followed him
with destructive efficacy. This defendant has
gathered around him the comments and cUndem-
nation OF society; his fortunes have been pros
trated; those consequences which always follow in
THE PATH OF GUILT,
especially OF this sin have cung to him with iron
tenacty 1t Is Or no money, 1t Is lor no re- edress.
II the wronged husband and the violated hom..
think shame, although | believe offer with my
learned colleague III that respect. but think 1t
burning shame to the law OF tnlS State and every
other State where that law is wanting that the
seducer may not be pursued as criminal, or that
RIGHTEOUSNESS OF this character Is not punished ny
the heaviest Judgment the law as 1t was con.
demned and punished by that nialible law which
knows no terror. But no remedy Is given! What
must Theodore Tilton dor Must he suffer the
arrows and stings Of society," and see the seducer
triumphant and nOurlshing, and glOrying IN his
impurIty the happiest man in all this roomY (Mur.
murs and sensation in Court.) Does the law
afford no redress None adequate Sir. and the only
resource lett to my client given him oy the law
was this action. Ii lie had taken that otner remedy,
condemned by the law OF the state, but sanctioned
by the common law OF humanlty-that which
reaches the heart and lie OF the seducer-had he
done tnat, Sir, instead of standing before Your
Honor in his appeal Tor vlndicatlon and justice, ne
would have been a,raigned as criminal and IN
danger OF the giDDet; and yet my friends reproach
us Tor doing this act. "You should be quiet, Mr..
IlltoD you should not venture to accuse henry
Ward Beecher OF adultery because, iorsoOLh, 1t I'M
pilcates and crlmlnates your wife. You have lost
her love and her soclety;it has been won from YOU
Dy tine speclous seductions OF the defendant. Your
Ia de QtSlOQOred
tunes withered and DESTROYED, and the seducer,
repeat, IS gorylng IN his own mpunity rom
venture to adopt the only remedy Which
the law gave you eloquent counsel shall hod
jury aud OF all mankind" Wen, to my mind, there
Is somerning excessively repugnant in the idea OF
civil action founded upon seduction. II hurts the
better sentiments OF our nature; 1t revOlts that
affection upon which family at home rest. and
upon which society and government depend; but
when the law leaves no other remedy than that; ;
aye, Sir, when the law gives 10 the disnonQred
husband no other revenge but, consistently with
It's own teachings, does it become the ministers Of
that redress 7 Now, SIR l am aware that these
thoughts and remarks are not pertinent to this
discussion; they do not belong to the law OF this
argument, and this only because nv learned friend
IN has specious and lnsidious way sought to IN
the TACT OF bringing this action. 1 have wandered
from the perfect pain OF discussion Tor the
purpose OF remedying this mlsstatement. THIS
Is all, sir, / have to submit to Your
Honor. l can but repeat the spirit of the argu-
ment which my learned colleague ana myself nave
addressed to you. 1 can but implOre you, out OF
regard lor the great interests wnicn are involved
In your decision OF this question: out OF regad lor
those great questions OF law ana of pubnc policy
which are necessarily involved IN the discussion
and in decision, o give us decision which shall
be IN harmony with the spirit, II may call 1t, OF
our present civilization, decision wnlch shall not
stand In repugnance to the principles which have
been announced SO repeatedly and so emphati-
cally by the highest courts Oh our state. tSllgnt
murmurs OF appauseo
MIR. EvARTs CLOSES THE ARGUMENT IN REPLY.
MIR. Evarts at once rose and proceeded TO speak
as lOllows:-
The averSlon that my learned friends avow to
this money action by q hu band respecting the
honor OF MS wife an aversion that is shared by
the law and Dy morals and by society. That
nv learned friend well understands. and Your
Honor, 1t never was tolerated in remedies OF Jurs
prudence upon It's own motive aud or It's own
sake. 1t was IN the system OF judicial procedures
or the country from which we take our law oniy as
the step oi sincere and honest investigation be-
lore jury OF the fact because the final remedy OF
the law winch gave Tor this great cause divorce,
could only be exerted by Parliament, not upon
petitions or EXAMINATIONS in committee rooms, or
by confessions or cOusions but by what the 10 " re-
garded as the open ana sincere investigation OF the