The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-18

cause. are Sherman Tor Beecher and Morris fol-
Tilton. These two have the whole general
management; they retain the other counsel and
keep the documentary rolls. The two students in
the law OF the case are Abbott and Pryor. But
Pryor IL also required, by the small number Of
counsel ON the plaintiffs side, 70 fulfil part OIL
the duty OF associate attorney and at times also,
OF aiguering ON the authorities.
These two men, Abbott and Pryor. as library
lawyers, are very notable under the surface OF the
case. The public does not see them. They speak
none OF the sparkling repartees, nor show the
glloness OF the accomplished pleader. put what
they produce Is vital between the Judge and the
evidence. They make the mine and sap through
which 10 admit or TO countermine evidence. Mr..
Pryor II general reader, whose prodiRious
memory and enforced leisure have for many years
been turned upon the subject OF the law.
Mr.. Abbott Ia . thin, pale, tall person. OF q
clerical exterior, above forty-nve years OF age.
with quiet manner and with long nngers, facte
to turn leaves or assert documents. HIS mus
tache, Of rather thin, singed black or dark brown
hair, reaches round to tassel OF whiskers, Dry and
thin also, az II drawing nutrment from the abste.
mious life OF the 0o0k.worm. The broad white
forehead thrown back, the lank throat. and the
DIR OF real legal refinement be has, Ii In strong
contrast 10 the more worldly and tradesmanlike
manner OF the wranglers IN the law. He has
set OF office uoys behind MIN VINO run or to .
library with his memoranda, and on extreme oc-
casions he goes himself
Pryor is literary as well as law reader, not
an indexer, ana his knowledge OF authorities ne
derives from what he has perused rather tnan
what he has annotaled. Both are men OF marx IN
their way; but Pryor aims 70 be lawyer IN gen.
eral, ApDort specialist Oh the law.
THE EVIDENCE.
At ten minutes past eleven A. NJ. business COM
menced after Judge Nelson nad administered me
following caution 1.-THE experiences OF yesterday
makes It neces airy that should ask TIE audience
TO be more quiet hereafter. think witness
gentlemen present testiIyin0 what they thing
OF IL, without gentlemen turning 70 those beside
them ana making remarks about IT, or max
baton. 10 learn the significance oil this. read
what Hamlet says about silent protestatlons,
OF pantomime, which Is . very powerful mode OF
e Expressing opinion. AS o matter OF respect Tor
witness, must ask that tins business be dlscon-
appeal to any gentleman that see hereafter dong
Mr.. Fullerton then resumed the redirect ex-
animation or Mr.. Tilton, who stated:-rhe sub.
stance OF me testimony asprinted In TINS book was
Alter q little legal squatble on a technical point
have always endeavoieo to use suca words, speak.
every eoay That sas was 2 good woman and that
7, ne SO. !ssi a. =. sS.' ss9.a
pains to say she was q tender delicate, Christian
woman" said either Il have sought 20 give
a good charlcter; tnlnK sne Is better than most
oil u.s." or something to that enect; the SUBJ
stance Of my testimony denied that she had vlo-
lated her chastity: remember a chance inter-
view between Mrs. Tlton and myself, when
Bessie turner was present and heard the story;
II was on the day when Mrs. IIton returned from
MARIETTA, ONO.
Z. When was that ? A. 1t was either In Novem.
Der or December, 1870.
Mr.. EvArts taen started q legal discussion.
arguing against the admission of tDe whole story
Bessie Turner mad heard. The argument entaed
the reading OF considerable portion OF the cross.
examination. Messrs. Evarts, Beach and Fuller
ton all made long speeches on the question, and
1t finally terminal tea AS foliows:-
The Judge-Is this Bessie Turner matter very
Mr.. Fuller, on-very material.
The Judge-Let US have 1t then.
Mr.. Fuuerton-Wnen did this conversation
occurs
Mr.. Evarts-Your Honor viii please note my
exception. Tlls matter 10 not based upon any In.
curry OF mine, and Is not lawful In itself.
:. Wi.ness.l remember, sir. very distinctly, that
eta Ohio; went one morning in q carriage to
meet her at the depot; this conversation took
DON'T remember the exact date; can't give the
day OF the month; IL was either toward the close
81 November or IN the beginning Of December,
O. Well. you say Bessie Turner heard the whole
story What Was the whole story she neardf
Mr. Evsrts-Now, We OBJECT TO that.
The Judge rule tGat out the same as would
the conversations between the witness and the
three persons. don't think ne has the right to
open the door - bring IN conversation with
Bessie Turner. have no doubt that the Jury
understand with what object RUE 1t out.
Mr.. Fullerton nave no DOUBT that they under.
stand It, put think It would be better 10 learn
what the Bessie turner story was.
timouy what he told .nese three persons. He has
right to give their names, nut don't think it Is
right to inquire what these stories were that he
MIR. Fuller,on-Now, Your Honor will perceive
at glance me OBJECT which the other side had n
various conversations between the plalntin and
the three persons he limited the charge against
-. The Judge i uDa S the motives.
MT. Fullerion-i say again Their object was to
im. these charges made py the plsintin, OF these
impure prop Isals. We know Just exactly what
COMMUNICATIONS were made 10 these other per:
SONS named, that they were impure proposals and
nothing beyond that.
The Judge-Wha ever his motives were, 1t don't
substitute them Tor facts oil law
Mr. Fuilerton-But, sir, they have laid the foun.
catlon for arguing that NO adultery was COM
mitIed because the piaintln In this case did not
charge adultery In these conversations.
Ihe Judge-l think the complaint exists whether
he charged IL or not: he may have qualified It
and CLOSED 1t over. and still the TACT would re.
nam.
Mr.. Fullerton-It would remain undoubtedly;
D0 N ne sn. nst .S ver 10 nine ne
and showed IT in all Its nideous delormitys
the yudge-rhey did not inquire into tnat.
Mr.. Fu!lerton-Iney did; they inquired whether
be did not limit IT To Impure proposals. Now, II he
told some one else something different, we ougnt
70 know what that whoie story was; We ought to
be aoe to meet the other side by showing that
although ne limited that charge to impure adj
vances, yet IN one instance lie told tue whole
truth; We are entitled TO It, We are entitled to 1t
IN consequence OF the course put sued by the other
sIde shall they prove that communication was
made 10 Bessie Turner and we not be able to prove
what that communication was ON aware that
the counsel on the other side did not wish II, yet
am equally aware that his inquiry called II out
1he answer was tn. legitimate esuit OF that In
curry, and when we learn now that IN several IN.
stances ne qualified this charge. ne subdued IL,
may we not show In another instance he told It
lust exactly what II wxsf
The Judge-That inquiry does not come within
that rule.
Mr. Fullerton-Suppuse, sir, they put Bessie
Turner on the stand 20 prove that Mr.. Tilton did
not tell her the whole storyf
The Judge-You can recall the witness.
The witness continued-Un the night OF the 8oth
oil December Mr.. Beecner suggested that be should