The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1875-05-13

understood it embraces an appeal on Mrs.
Tilton's part to the court to be heard in
her defense of her own character:
second, . protest against the injustice Of
the failure OF either side to call her and,
third, solemn and pathetic assertion Of
her innocence Of adultery.
:@3g
MRS. Tilton Asks - BE Called "A . wit
ness.
BRooKLYS. May 3. 1875.
JUDGE NEnsoN: ask the privilege
from you for few words ii my own be-
half. feel very. deeply the injustice Of
my position in the law and before
the court now sitting. and while
have understood and expected from the
beginning to be excluded from the witness
stand, yet since your last decision have
been so sensible Of the power Of my enc
mics that my soul cries out before you
and the. gentleman Of the jury
that if they serve him by
divided verdict they cons;gn to
my children ! false and tirrevocable
stain upon their mother. For ffve years
past I have been the victim of ci5cum-
stances most cruel and subordinate,
struggling from time to time only for q
place to i've honorably and trdthfully.
Released for some months from
the will BY whose POSER uncon-
consciously III criminated myself again
and again, I declare. solemnly
before you without fear of man and with
faith in God that am innocent Of the
crime charged against me-. would like
to tell my whole sad story
truthfully, to acknowledge the
frequent falsehoods wrung from
me BY compulsion though at the came
time unwilling to reveal the secret of my
MARI led life which only the vital import.
ance Of my position makes
necessary assume the entire
responsibility Of this request unknown
to friend or counsel Of either side and
4 await your honor's honorable decision.
With great respect.
EL1zABETH TnToN.
The following is Judge Nelson's re.
ply:
| CHAMBER OF C1rY CouRr OF BROOKLYN,
BROOKLYN, NY. May 4, 1875.
Mrs. T1EroN: am directed by Chief
Judge Nelson to return your letter as it
cannot be read in court.
Also to state that in civil cases counsel
have the right to refrain from calling par.
lticular witness, however competent and
that neither court nor client can interfere
with the exercises Of that right.
The Judge also instructs me to say the
question whether you could be witness
stands on quite another ground from that
considered when your husband was called
and sworn.
He was competent witness to testify.
in his behalf against third per-
son, 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 May
10, 1887, expressly declares the
wife to be incompetent As
, a witness for or against the husband.
Yours respectfully,
, GEO. w. KxAEBrE.
Clerk City Court, DC.
: A press telegram from New York
,, city dated May 4, says Mrs. Tilton was
asked whether she had kept copy Of the
document. the presentation Of which to
Judge Nelson was the sensation Of the
scandal trial yesterday. She answered
81 have kept copy and
it was prepared TO be made
. public, but until Judge Nelson decides
! whether or not to read it in court DON
i think it would be proper for me to let il
be published. 1t related to the matter
Of my not being called rs witness. bu,
$ to give summary Of its contents woulc
/ be equivalent to the document itself.
y Judge Nelson told reporter late las
: night he had concluded to take no actor
u with reference to Mrs. Tilton's commu
e nicatio.. In the present state OF matte
: he could not see that any action by tn
= court was >lled for. In case Mrs. Tiltol
q saw fit to maze some further communi
&c cation, he might take some steps in tn
u matter, but as the case now stood thcr
>. was nothing for him to do. He woul
, not, he said, either have it read or pub
, lished, but if Mrs. Tilton desired to pull
le lish it he would return the communics
q ton to her at any time she might choos
~ | IN cend for it,