The star. (Cincinnati [Ohio]) 1874-1875, 1875-02-05
15Iton as a Witness-The Parties In In
terest-Pubite Opinion, &C., DC.
CORRESPONDENCE Of the Star.

teres, p,.hu. O,,..on x. ZEE.
correspondence OF the Star.
NEW YORK, Feb. 3, 1875.
Judge Neilson,s decision tn nermit TIL !.
Ton 80 t,..;,,, 80 T.. -. -, :.
'on W .es'iiy w"S III haccoroahcelw WIN tne
reasoning and precedents of the plain
tifrs counsel. His exception. debarring
the witness from testifvino tn matters
.nae "efe Vi cohhoehce as petweeh hini-
self and his wife, was concession to
the defendants counsel, and, 1t seems, to
q settled principle Of public policy. The
plaintiffs counsel themselves did not de-
mur to this; but the subsequent strug-
giles over the testimony arose over the
question what constituted q confidential
and privileged communication between
the husband.and wife; with still nicer
question, how to introduce such cOmmu-
nicatiOns into the testimony without tes-
,tifying to them.
Judge Nelson ruled for Mr.. Tilton, as
he did for Mr.. Moulton, that whatever
was said to MIR. Beecher on the subject
matter of this trial was competent evi-
dence, not to the truth of the thing so
said, but as giving significance to the
behavior and declarations OF Mr.. Beecher
in presence of such statements. Any
report to Mr.. Beecher of Mrs. Tilton's or
any body else's statements about the
matter, could be stated as report made
to him; but the witness could not be per-
mitted to 60 further, and put it In EVIL
dence that Mrs. Tilton did actually
say what he had told Mr.. Beecher she
sad.
But the plaintiffs counsel were thun-
derstruck when the Judge ruled out Mrs.,
N fnco inn N, 70
er by the witness, ON the ground that this
was confidential communication, and
that the writing had been destroyed.
They had argued that a communication,
of however delicate nature, which the
wife had madeto the husband for the ex-
press purpose of being impaired to two
other persons-Mr. Moulton ana through
him to Mr.. TitOn-and which had actu-
ally been impaired 70 those persons, and
thus become the common property of
four, to which any or all of them might
depose, could not by any stretch OF lam
guage be called confidential eommuni
cation as between the wife and husband.
And further, that the destruction of the
paper ter Mr.. Beecher's and Mrs. TIL
toms benefit, and by their joint desire,
could not be construed as evidence Of
fraudulent intent on Mr.. Tilton's part
against his adversary, such as Is a
ground for refusing him the privilege Of
lestifying from memory to the contents
Of the destroyed paper. SO sure were
they Of this impregnability of beth these
positions, that when the Judge finally
ruled out the parole evidence OF the con-
tents OF the paper ''on both grounds"
they stared Ill silence, and apparently
forgot to take even an exception.
MIR. TILToN AS A WITNESS
Is highly successful, as might be expect
ed, and his examination proceeds more
rapidly than its predecessors, owing TO
the legal ground having become better
settled and familiarizeu to the court and
counsel on botn slaes; Ihey understand
eacn other better, ana know what to ex-
pect, anu now W frame tne examination
So as W get on Win leSs interruption ana
alspute.
AS JUST intlmated, however, Illtons
iiterary ana oratorlcal taieMts ana Train
ing mere stana MN. IN good stead. HIS
nfst uay>s eVldehce, as Whole the most
painful part, was ueliVered WIN mani
!est ehorS oi tne most po"erlul seli-con-
lrUr;
Inc Strain petween great emotloh ana
great Iestralnlhs lorce was such as 10
MAKE the tlhloers qulver every moment,
81 w speaA, anu yet tne iaporins frame
-. :.
momehG gave way. Hls voice was us
charged MIN emotlon, yet was carried
Sleadliy througn Inc deIiDerate anu care
M Mdully CHOSEN WORDS OF every statement.
lhere were Many long passages, IN
Whlcn ne turned ana addressed himself,
uniformly, airect TO the jury, who turned
also, alIdose 70 man, altef leaning for-
Waru IN Inc esen,iorgetiuihesso Of ABSORBED
aetehtioH. Although iiot at all at MS
ease, ike MS lrlend Moulton, yet this
witness also never iost MS seii-posses-
sion, TO winch, indeed, he seemed to hold
WIN all MS strengta. But his lace is
LOT tne most part OF an almost ashen
color, natural TO an Opaque skin under
tne paiing ehect Oh an extreme emotion
al straln.
MIR. AND MRS. BEECHER
attract unusual notlce during MIR. Til
ions examination, Dy their demonstra-
lions, Wnlch seem 10 De as lll-advised as
almost everything done on that side. /
40 not IKE 10 crltlclse them-their posi-
tion is palnitil enough-but everybody
does IT, ana the unanimous opinion out
sioe OF the eiect seems 10 De that habit
q scornlui Laughing AT an statements
lnat seem 10 tnem 10 calI lor rebuttal,
saVors Oh ievlty ana Dordefs on inde-
~ n a nI