The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-29
THE ABSORBING TRIAL.
Getting Deeper and Deeper
Into the Scandal.
TRACY AS A MUTUAL FRIEND.
Why He Considers Lying Some
times Justif1able.
TILTON ON THE STAND.
Argument Against His Be-
ing Heard.
THE LAW OF EVIDENCE.
When a Husband or Wife Is
Debarred.
Why He Considers Lying Some
times Unsuitable.
TILTON ON THE STAND.
Argument Against His Be
ing Heard.
THE LAW OF EVIDENCE
When a Husband or Wife l
Debarred.

Yesterday was q comparatively eventful day at
the great trial.
Mr.. Beecher was there and MS wife, with o
goodly attendance or their faithful membership.
he was In very fair spirits and appearance, and
watched all the proceedings with his directing
eyes, which keep his attorneys constant and
devour intelligenty the radiatons Of the scandal.
He does not speak aloud; he moves modestly, now
and then, from his seat the rear to hts lawyers
He IL never wholly oblivious 10 what is going on,
and seldom desperately intent upon any part OF
the process. There he sits, a countenance almost
transparent, figure robust In the noon OF middle
age, q soul expressing itselr through all very
grand and revealing to see
In the dearest of our valleys,
Once rare and radiant palace
In the monarch Thoughts dominion.
SO, haunted with all sorts Of invisible messen-
gers looked MIR. Bescher.
At his side that constant and great-moulded
gentle vie kept her place, the essence and the
lame OF New England. worthy OF his great tame
and easily suggestive or the love with which sne
inspired him. Many noble figure OF speech, the
source OF many q perfect "Reminiscences touch
ing the tried and true and comforting their
path has Mrs. Beecher inspired. She has walked
the pastures OF youth with her husband, grazed
upon lie In Its heyday with him, watched the
younger born OF their anection come forth like
buds and blossoms In the lawn or life, and still
she is there. u tribe worn and older, to accom-
pany him through this long journey Of trial and
ordeal from which, as thousands hope and ex-
pect, he Will come with Gods delivery.
There is something In that court, lowering like
o disembodied sound, an unuttered oracle,
halloween. always proceeding destiny. 1t is the
riddle OF every trial. Its answer is questioned be.
fore the conundrum Is put. and disputed before
It's propriety has been tested. 1t Is the verdict.
Long ago. In the past, soothsayers and magt
WIZARDS and oracles, with whose Nominations
history Is electric, looked probably ordinary as
these jurymen. The average clothes OF men Sci.
dom mend by civilization. The beard grows about
the same with JOB in the. old dispensaton and job
IN this. Fetch man Up at the same given hour
in the morning, make 1t q contempt OF court If ne
be late In the jury box, let his barber and razor
maker 60 Scot free II anything IN their province
befall him, and then, with small daily douceur-
. bottle OF sherry at the expense OF Kings county
inclu1ed-keep him two months 10 one chair and
he will depart with at least dislike or hard knots
ana splinters in that seat.
ARD the audience Shall they be o subject OF
sympathy who stare there with their mouths ajar
and mock the season OF dies 1t 10 q good audi
ence, pivOted between grin and wonder Their
tickle bone appears 10 be scratched by Puck on
the least occasion, and they laugh at nothing and
everything and applaud q tone as much as q SEN
timent. II the Court gave them the least chance
they would roll the door. expire In commissions.
90 through the window like q mock Of sheep In
file and run home TO their wives excited with
nothing TO tell. Justice Is the best joker In the
world. II 1t relaxes an instant the multitude
grows inspired, ana wit, as everybody knows but
does not think, CONSISTS IN speaking out IN
meeting.
Tnat audience contains all the seven ages OF
men. 1t is the same immemorial audience which
went in,the procession to Tyburn and to Tower
Hill, listened 10 the trial OF Queen Caroline, sa W
all the martyrs OF all the religions burned, and
never differed with the Court in any respect what
ever. specifically IL Is noted for having its
mouth open and Its corns nedged. The subject OF
It's deep resentment IL the doorkeeper and the
tipstan, and the height OF It's ambition Is to pop
into another PERSONS chair. Every man in that
audience thinks his neiahbor perfectly informed
and himself wholly at sea.
Mrs. Tton was not IN court yesterday. She Is
said by some to be III; by others to be surfeited
OF the trial With her have departed her ladies' IN
waiting. Her modest, chlldlike face Is . loss to
the tournament, but let US hope she does not need
this spectacle to Ill the weary flight Of hours.
The proceedings yesterday were summed up in
the admission aud rendering Of Mr. Woodrun's
testimony, the attempt or Theodore TIlton to take
the witness chair and the long argument there
about which is to try the power OF counsel. Mr..
Evarts was heard at his best yesterday. Beach
and Pryor Will reply, and perhaps Porter. Pryor
began yesterday.
II Tllton be put ON the stand MI. Beecher will
probably go there without objection. II Tilton be
kept OF the stand Mr.. Beecner may be objected TO-
We are now In the heyday ana middle heat OF the
trial, and SIN the interest II without abatement,
and the great personal ana human drama moves
along.
JUDGE NELSON ON TRACY.
When the court opened Mr.. Woodruff took his
seat IN the witness chair. and then Judge Nelson
said:-Having mad under consideration the objec-
ZION made last evening tnlnk the lotion OF pro.
ton and not necessary 10 IL We can't recognize
that Mr.. Tracy was there IN professional Gu
pacity. In the next place, as TO the course OF the
business interview, it mas not 81 any time been
decided and OF course could not, that the witness
son and the iact that he repeated 1t to another
party. IL Is done every day, and ordinarily the
Of pursuing and CONNECTING IL u" would pfp0 be
suf1cient Tine would ordinarily be re.
S s1 oeivs ssr the inquiry
| party. twas SIMPLY direction acquiesced In by
tue counsel, with a view o. saving much time.
ing directly TO che question whether q converse.
ton was had with a third person, and repeated 70
said or done oy MN in that relation involves :" a
repetition VI the matter. That, as say. was O
mere direction with view OF saving time, and IL
was acquiesceu Ia by The counsel with that idea.
Tne question now presented. however, Is some
| what different. have gone over the testimony
carefully and the question, OF course, can
be decided In view OF the proofs. And
have gathered from these proofs very
clearly that o former witness stated TO the
defendant that he had a conversation with various
persons, Includinp his partners and gave them to
understand tnat there was some unpleasan tn SO
With respect 10 ", which required relief IN some
way. some conierence with some wise person
was thought necessary. so That he could give Oh
answer To the importuniti"s IN respect to the
scandal Published In the papers. The evidence
SHOWS that upon that conerence with the de-
PENDANT 1t was agreed that Mr.. Tracy should be
consulted, ano l regard II right that any layman
OF respsctabillty might be consulted irrespective
o. his professional character. The present wit
ness. the former and MI. Tracy ala confer, and II
further appears from the evidence that that con-