New-York tribune., 1875-02-02
Mp rnroN.s ADMIssION ro TEsTIFY.


The silence of the courtroom was first broken
,,ostordov morning bv the deep voice Of Judge Neil
son announcing his decision to the competency of
Mr. Tilton TO testify in his own behalf The plain
.,d7s testimony is necessary link in the chain OF
evidence for the prosecution, and on bis lntroduc-
tion as q witness turns important point IN hls
case ln no manner had the Judge fOrshadowcd hls
decision. and the LAWYERS, who anxiously awaited
II. and the disnterested audience in the gallery
alike had not the slightest hint Of its import until
il was publicly rendered. JGdge Nelson decided
that Mr. Tton was I competent to testify 10 his own
behalf but D that he not competent to testify
u anv confidential communications touching the
prncipal question in issue. The audience were uD-
able 20 tell whether this decision was favorable to
the plaintiff or to the defendant and even Mr.. Til
ton and Nj Bcecher curiously watched the faces OF
their lawyers 10 read there defeat or victory. Mr.
Eyarts and his four associates put their heads to-
Qether and consulted in whispers for five or ten
minutes while Mr.. Fullerton prepared for the ex-
animation and Mr.. Iilton threw aside his heavy
coat and drew of his gloves ready to take the wit
ness chair. Nesrs. Morris and PeaTsall withdrew
Immediately 20 attend 90 a case in another court.
Mr.. Evarts finally nodded TO Mr.. Fullerton 10 go
Oh. and Mr. Iiltou asccuded the stand Il, stood
with his bac to the audience anC took the oath, and
then sat down. But before any questions were
asked. Mr. Beach said thar he bad not taken an ex-
ceuton because D, supposed that the Judge meant
10y confidential communication the legal technical
d.hution of that term. Judge Nelson suggested III
a DRY way that the counsel had better take an eX-
ception. Mt Evarts then explained his view OF the
decision. ending 10y taking an exception to the
III ing Of the Judge Mr.. Beach however, took none.
and without further interruption the examination
Of the awaiting witness proceeded. The first ques-
t9as related to the early life and first literary expe
T. uces of Nl TIlt0n. lie testified that his wife was
nearly two years older than himself lie
beng % and she IL years Of age. IN
giving the names OF his children the
witness prcfxed w.,A emphasis and studied care
TIE word "our C. g., "our daughter Florence
"orr son." ETC. For the first time the details Of Mr.
Tlt0u financial condition were made known, and
according % the witness his property I'D the early
days of ISL was worth altogether about So-1OJ' L5
income consisting Of interest on $1,000 or more III
banks $500 from lectures $1,000 OF S~oJJ from ins
books and $1,000 in the hands of Mr.. Mouiton. The
meeting M Nr Noufon's house between the witness
prI Mr. Beecher Dec 20 1870 was fully described,
every detail being narrated with pT, csion from the
ume whea as The witness stated. be entered the
room aad locked the door. putting the key into LIS
p,ek.t. until Mr. D-ecIer lef, the house. The
alleged verbal confession Of ATS. IIlton 10 her hus-
band was repeated with painful eXact1ess, there
bong no attempt To gloss over tae literal language
vsed
sharp debate followed the request Of Mr. Fuller
ton that the witness repeat the contents Of Mrs Ill
tons letter Of confession produced at that interview
and there DESTROYED. Mr.. Eyars opened the discus
yiln and Mr.. Beacn responded. Clerks We're sent
ont for authorities and returned with arnltUls Of
law books II seemed tor q few moments that long
and severe struggle was about 10 begin. but Judge
Nelson abruptly closed it by asking that Mr. Fuller
ton go Oh temporarily, without touching tie con-
tent, If the letter Mr. Eltou theory Vi hls wlfes
asserted love tor Mr Beecher repeated. and his
former policy of excuslng her action was strictly
adhered to Mr Bowen's name was frequently men
Toned IN the testimony. his alleged accusations
against Mr. Brecher being repeated so far as they
were considered pertinent to this case.
After recess Judge Nelson ruled out the letter Of
confession. hesi,atiug when Mr. Beach brought
further arguments 70 bear, but adherin0 to his de-
c-ion after hearing both sides. Hardly anything
vas brought TO hight during the afternoon session
that was not contained in one Of the numerous
statements made during and after the investigation
of the Plymouth Committee last year. MT. 1lIt0n
ewOre positively that during the Summer when he
IL said to have told many persons Of Mr.. Beechers
alleged adultery with hs wife, that he only repeated
the statement of adultery 10 Oliver Johnson, Mrs.
Martha f Bradshaw and Francis D. M0ultOn. He
acknow ledged. however. that he had denounced
MIR Beecher in general terms The Court adjourned
nt5 minutes before o'clock.