The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17

the moor. The Judge IL, In general disposed Il
admit anything IN the line OF real evidence whicI
will illuminate the issue.
Mr.. BERCHER's COUNSEL
were undoubtedly detected when the Judg
argued that there was proprety in 1iItons ex
planning the motives and intentio OF his suppos
ititious narrative. His evidence was importan
when he came to DR.. Storrs and showed that h
had read him tire manuscript OF the "Tru
Story" among others, ana had told hin
at the time that 1t was only part o
the truth storrs had then advised nltol
to publish nothing unless he published all. Anothe
important fact which Tilton got IN was that he
had read the "True Story" to Mr. Beecher. Mr.
Evarts tried to have this struck out OF the record
but 1t was ruled in. 1t therefore appears thai
among the persons TO whom Tton read
the True Story" In order to get their sd
opinion in extenuation OF his wiies gnllt, were
Mr.. Beecher himself. his pulpit neighbor, Or
| StorrS; his !awFer, General Tracy; Moulton's
partner. woodruff; Titon's associate editor
! C.arke. and the present District Attorney O
The spectators who have been compelled TO hear
this with other long debates, are very much IL
THE AVERAGE JURYMAN
forms MS impression from such class or explana'
] tons. In the length OF debate the point 10 90
acnleved their purpose the tagged and detected
, ,,o ioox up as tne modicum OF tes
tlthOuy was very lnuluereuL cOupeuSd-
ton for so much waiting. However, these
points possess an importance in that when they
are put In they stand as parts OF the speeches 70
| be delivered at the close OF the evidence, when
| each side will do Its best to revive the memory OF
the jury and array all that serves It's purpose and
| nothing else IN the argument.
All sorts OF opinions continue to prevail as TO the
conclusion and result OF the trial Judge Morris
continues TO hold that his prospects for verdict
Tor the plaIntln are growing better week after
week. General Tracy has repeatedly SAID that he
expects the plaintiffs side 10 oreBk down and MS
LAWYERS to retire from The contest before tue Case
goes to the jury.
The proceedings began at eleven O'Clock, Mr..
Fullerton resuming the cross-examinatioa Of Mr..
Mr. Fullerton-You were asked yesterday about
your religious faith. pass now to the publication
OF the letters in the Chicago Tribune. You stated
In your cross-examnation that your counsel
Thought justice required that those letters ought
to be published. In what respect had you been
mlsrepresented, and In what respect ola you con-
sider the publication OF them or any part oil them
necessary
witness-well, sir, during the early summer,
when this case first began to be talked Or IN the
newspapers, charges were brought against Inc IN
various ways TO the effect that had been very
brutal man 10 my family. That / had abused my
wife, mat was given TO drunken orgies and that
was In every respect a savage; my then counsel,
Judge Morris, said that the popular impression
was working me great injury, aud, after reading
the correspondence when passed during those
many years between my vile and myself, be
suggested my publishing them, or extracts from
tnem in order to correct the popular impression;
II anything was omitted IN the letter OF Fepru-
airy 1908, III Wuicn appears the eApTcSSlOu, 10
love Is praiseworthy but to abuse tue gut Is SIM"
II was by mere accident.
Mr.. Fullerton-I now offer in evidence section
OF the statement, in which that extract appears.
Mr.. Evarts objected on the ground that part OF
the paper had been read.
AN INTRENCHED wOMASHooD.
The Judge minated that the PLAINTIFFS side
could read il.
Mr.. Fullerton (reading -
of reasons which Mrs. Iion alleged Tor her en-
q sHsb exceptional attentions irom the
been much distre ssed with rumors AGAINST his moral
aaq sS e ms ins
ha hs eSad a on b By her and
hood. Previous 70 the autumn OF 1858 she msna ned
resistance, always refusing his alnorgus pleas which
TeSraTy 1913 she
love Is praiscworthy nut abuse the gift is sin Here
cause me TO yield my womanhood.'
witness was asked If he was understood to say
NE c' not mlsguose Una. ,h x 70
question Was II he TOOK down IN photographic
notes an account OF MouItons intervlew with
Wuness-Yes. on the spot; have all that is left
Of IL; some pages are gone | could not CERTIFY
could read the notes themselves.
THE TRUE STORY AGAIN.
@ With what object dld you snow to persons
Mr. Evarts-Wen, don't know what we have to
The Judge-well 1t is like asking him how he
came to show 1t. think IT is proper.
Mr.. Evarts-PcoDie are to be judged by theil
Mr. Fullerton-And by their words.
Mr.. Evarts-l suppose the object In showing
1t was that the people TO whom he showed IL
might see 1t. Uaugnter).
ine Judge-Tnere are very few acts that cannot
be explained.
Mr. Evarts-Yes, sir, but there are many that the
la does nos permit to be explained.
The JUDGE think the witness may show why
he showed the paper.
Several other objections were interposed but the
Judge ruled the answer was admissible.
Witness-My object In showing that paper to a
select number OF intelligent peop ole was in order
that might get from them q Judgment as to now
IT would nave affected the great puohc II It mad
been published; dld not know how II would al
feet the public. and thought II showed 1t to
perhaps dozen Intelligent persons, their united
judgment would be to Inc ike tue judgment oil q
jury or the judgment oil The public.
Mr. Fullerton was proceeding 10 ask what object
witness expected TO accomplish II 1t puDlisned
when Mr.. Evarts interposed and said that matt err
had been introduced by them on their direct ex-
animation, and the witness stated thar IL was
written and proposed o iorm or puoIic alton.
and that 1t was read TO Nr. Beecher, and tnat an
interview took place concerning II. La regard To
that have asked no questions.
The Judge thought he might answer, as the
counsel had put the contents TO his recollection.
Mr.. Evarts-But that adds nothing TO the author
OF the story that Lad composed II, and 10 tell why
be composed IT, and Tor wnat purpose, and con.
corning which nave asked no single question.
Tee Judge admitted the answer and the witness
said-My OBJECT in tae preparation OF that nara
tive WAS ls:-Mrs. Woodruff 3 tale, blasting my
family, had been six weeks before tee public; the
policy Of Silence Will which We originally agreed
to meet 1t, was proving every day more and more
disastrous, carrying my family down to ruin; |
undertook the preparation o. narrative which
would on being published, create IN the public
mina an I'm preston ike thls-namely 1--WE ne YER
/ believed the woodruff story was true, because 1t
/ Is too extravagant; but we always beneved there
was some foundation for II, but now have the
original story, and II Is not SO Dad she had
! ported and IL eXonerates MIS-. 1ilton; my OBJECT
! was to plant story less oeeterlous and when
would not iDcrlnlnate my vie.
Another brief controversy followed here on the
question as to what the witness SAID to tue gentle
men to whom be told MS story. MIR. Evarts OBJ
/ jected TO the introduction oil tnird persons. The
! Judge allowed the question.
WHAT STORES SAID
Witness-As soon as had read the paper there
was sudden pause or silence; DR.. Storrs turned
TO sne and said, 'nr. Titon, before consult
| with you ON THIS subject or give you any advice
worth anything you mus, answer me one qqes-
! ton; SAID "Wbat Is ItY" he then SAID, IL want
] you TO tell me waetner this narrative we have
read Is the plain and honest truth-what is Gained
In court the trush, the whole truth and nothing
but the trutnY 1 SAID, ''We, SIR, ] VIII answer
that question If you Will promise not 10 ask me
/