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

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that interviewed between Friday and Monday
for weighing the arguments Of counsel, an
nounced yesterday morning his decision to adj
NIT the testimony Of Tilton, with o restriction
against stating the confidential communities
tions Of his wife. The fact that so able q
Judge decided, after full argument and
mature deliberation, to permit Tilton to go
on the witness stand, will be accepted by the
public ~ presumption that his testimony is
legally admissible; and it is difficult to sec
on what ground of equity or common sense
it could have been objected to by any who are
willing that all the facts be brought to light
Triton is, of course under bias. and allow
ance should be made for that. But with the
exception of Mr.. Beecher, who is under bias
at least equally strong, and Mrs. Tilton, who
cannot be admitted to testify at all Tilton is
more thoroughly acquainted with the facts
morally absurd, even if it were legally
permissible, to allow Mr. Beecher to 60 on to
the witness stand and exclude Mr.. Tilton.
The antecedent presumption against the cred
Utility of the testimony of these interested
parties is no greater on the one side than on
the other. The motive of Mr.. Beecher to save
himself from irretrievable disgrace and utter
ruin is at least as strong as that Of Mr.. Tilton
for showing that he has suffered wrong
which commonly brings derision on the hus-
band as well as on inehaceable stain on his
wife and children. No motive could bring an
ordinary husband of any social pride to swear
to such story unless he believed it true.
There is an obvious motive why man &C.
cused of such ON offence should deny it, even
If true, because sentiment Of honor requires
him to shield the woman, though he might be
willing to face the personal consequences to
himself
The disgust and horror expressed by Mr..
Beschers friends at the idea Of Tilton swear
ing away the reputation Of his wife in court
of justice Is proper enough on the supposition
of her innocence; but that is the very point
in controversy. A husband who has really
been wronged in that way is under no obiga-
ton, legal OF moral, to bear it in patience and
silence. The law recognizes his rightto COM
plain and to publish his wrong by allowing
prosecutions for divorce. Social opinion
brands him with contempt if, after Learning
of such wrong, he meekly endures it The
fact that q court of justice entertains such q
trial as that which is now pending, and that
public opinion generally demanded that court
should sit upon and sift this scandal, are
patent admissions that the accuser has q
right to make the facts known, if he hos facts
to tell Every divorce suit, every Grim. con-
suit involves an attempt by husband to
blacken the reputation of his wife, and if this
is too horrible to be permitted the law is
wrong which gives husband right of
action in such cases. We would have alb
stained from this line of remark if Brooklyn
paper, published under the eyes of the Court,
had not last evening attempted to cover Tilton
with odium for testifying against his wife.
All that we insist on is even-handed Justice
Let the plaintiff and the defendant have equal
advantages in Court A rigorous cross-exami-
nation on both sides will assist the jury in
forming their conclusion. After Judge Neil
son decided that this witness has q legal right
to testify. it Is impertinent to hold him up TO
public adherence for attempting to do what
every injured husband necessarily does in
seeking legal redress. 1t lies in the very ma
ture of things that divorce suit or a Grim
con. suit brought by husband cannot be
tender of the reputation of his wife.
The Fragility Of RaflrosA Machinery
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