The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-05-05

CHAMBERS OF THE CRY COURT OF BROOK
Lynn N. Y, Brooklyn, May 4, 1873.
Mrs Triton: | am directed by Chief Judge
Nelson to return your letter. as it cannot be
lead in court; also to state that In civil cases
counsel have the right TO refrain from calling
particular witness, however competent, and
that neither the court nor the client can inter-
fere with the exercise of that right. The Judge
also insructs me to say tn # the question whetn-
er you could be witness staads on quite anoth-
er ground from that considered when your nus
band was called and sworn. He was compe-
tent witness to testify against third person,
1.-THE defendant, and while the policy OF the
law was to some extent involved, there was no
express statute in the way, but the statute OF
Nav 10, 1867, expressly declares wife to be in
competent as witness for or against her nus
band.
~ GEORGE ". KoAEBEL,
Clerk of City Court, &c.
With regard to Mrs. Tilton's request Judge
Nelson said this morning that the question OF
calling or not calling her rested ennrely with
her counsel, and 1t was not for the Judge to
act voluntarily.
Proceedings in Court.
BROOKLYN, May 4-The report concerning
Mrs Titon's letter to Judge Nelson aroused
the public interest to something like Its former
pitch and the court room was accordingly
crowded this morning.
Witness recolected that at an interview with
Schultz about starting the Golden Age for Til
ton, the latter told Schultz he could not accept
any aid from Beecher that would put him I'M
der obligation. When Tracy had conference
with Tilton Moalton and witness and the letter
of contrition were produced. Moulton did not
say, SIT is only the memorandum of converse
ton had with Beecher."
The cross-examin alton was conducted by
Sherman; and the first part was confined to
L -f-aI.4 xnhI hn
friendly and quite intimate. He was ac-
quainted with Geo. l.. Nichols, Mr.. Southwick
and Mr.. Mclean. He has talked with them
confidentaly about the scandal. Does not
remember of reading report In the Brooklyn
Union of an interview between reporter and
Tracy. Ollie produced.) Witness thought it
likely he had read it, Does not recolect of
McLeans calling his attention to any portion
of it in which Tracy denied that Tilton charged
adultery.
and characterized it as an attempt tosgeG in
statement of Tracy, surreptitiously.
Witness remembered having conversation
with Tracy subsequent to the report of that in
terview. He was aware Tracy. was then in
consultation with Moulton. He does not re-
member calling Tracy's attention to the fact
that in that interview he had understood the
charge against Beecher to be improper advanc-
es He did not complain to Tracy of having
misrepresented the case This was at his
summer when Moulton heard that Tracy knew
about the $500 advanced by Beecher for Til
toms family he commenced damnIng the VIII
ness for telling Tracy Witness visited Tracy
ana accused him OF violating confidence IN
letting Moulton know that he (witness) had
told Tracy about the $500. Tracy said that
wasn't about the $500, it was about the $4,000
given subsequently,. Witness replied no, but L
told you about the $500. l could not tell you
about the $4,000 for Moulton never let me know
,lara flat frnn mi
Tracy then admitted he was wrong in speaking
about the money matter to Moulton aid said
he was sorry for it. On that occasion Tracy
told him his advice had not been followed by
Mouton and he had not been consulted aud
was out of the case for two years.
Since Tracy denied on the stand that the
witness had told him about the $4,000 given by
Beecher, witness had gone TO Mclean and 9th
ers and told them Tracy had learned OF it from
him. Shortly after 5000 was deposited to Til
tons credit he told Southw;ck about it. He
told him Moulton had deposited $500, and that
subsequent payments were charged as paid to
ct. To- Witness said he thought it came from
Beecher and South wick thought it came from
his uncle, Horace B. CIafn. Moulton told wit
ness he had received money from Beecher and
paid Bessie Turner'S schooling with it, but can
not remember when Moulton told him. He
did not know what was done with the $4,000 in
1872. He collected inter st on the bond and
mortgage held by his firm on Tlton's house.
with $500 in November, 1871, and he was not
credited with it that year. Witness cannot tell
when the $500 was received His interview
about money matters With Tracy was in 1872,
shortly after the Woodruff publication. -.
Witness does not recolect in conversation
with Southwick saying, rs it best for us to
drive Beecher out of Brooklyn" or that South
wick replied "Your head may Re level enough
to drive the salt and fish business, but when
you undertake to drive Beecher out OF Brook
1ry,.r faIxa Won
He does not rene nber replying, 81 can show
you letter which, if published, would drive
him out" but he may have said so. He does
not remember that Southwick then asked him
if the charge was adultery, and that he replied
no. If Southwck asked him did he believe the
charge was adultery, he is pretty sure he didn't
saw no. He has no recollection of anything of
the kind. He blan ed Southwick for giving
Shearman points, not points, but tor telling
Tracy what he had learned from witness about
! Tilton. Very likely he said the same to others.
He is no longer member of the firm of Wood
ruff & Robinson. The dissolution was on JAN
uary 1st He did not tell Southwlck few
weeks ago that he bad told him all he knew
about the case He simply cautioned him
against talking about matters he had learned
in confidence.
liz reply to Beach witness said he received a
check for $4,000 from Tilton, and very likely
handed it to the book-keeper Partridge. He
has no recollection of h nding a yellow slip
Win IL. HAS uO IcCOHCCtioH VI ohO SIP ohoii
he saw it in court.
Court here took a recess.
After recess, Mr.. Morris announced that
counsel were agreed to have it entered on the
minutes that the last professional visit OF DR..
Styles attendant physician to Mrs. Tilton,
was December 80, 1870, and that he con-
sidered her then convalescent. 1t was so en-
tered on the minutes.
Mrs. Anna M. Middlebrook, examined by
Fullerton, testified that, in the summer OF
1871 she met Tilton in his office, and in the
fall of the same year at WoodhulPs. Became
acquainted with Woodruff in the spring OF
that year, at woman's suffrage convention IN
that city, she only saw Woodruff once at her
house, and that was in the autumn. She
went there on businesses. Witness was one
of the trustees of board of Spiritualists,
and Woodruff was president of the
association. Witness wrote articles for
Woodhulps paper. 1t was October %,
1871, she was at WoodhulPs. She met Tilton
Wheelock and a gentleman from Lowell
named Cowles. Blood, Andrews, Minnie
Clafiin. and others were there that evening.
There was no conversation there that evening
that she did not hear, and she is positive
the Beecher scandal was not spoken of.
There was nothing said about doubt
whether Beecher or Tilton was the father OF
one of the children. There was nothing said
about Moulton extracting the letter OF MRS:
Tilton's from Beecher. In September, 1917,
witness was in Boston, when convention OF
Spiritualists was held, and Mrs. Woodhull
was there, and referred to the scandal. Inere
had been opposition to Woodhulfs re-elec-
ton as president, and she rushed on the stage
and spoke of number of persons living IN
criminal intercourse, among them prominent
clergyman in Brooklyn. This was in pub
lie meeting, and about 400 persons were
present.
The object of this testimony was to con-
tradict the gentleman who swore he heard
Tilton returning by cars from Boston say he
didn't care about the Woodruff publication,
only for its effect upon his wife. This was
to prove he referred to Woodhulls speech.