, 1875-01-30

bsforo he was fairly seatat, 1fr. Evarts waa On
bis feet. lie vaH apparently fingered, and his
To did not think Mr.. l'eac!s'a worda called for,
and bo censuted him for introducing at this time
IN tho trisl a speech whict, sLoulo have been
delivered =. the close. aiding tl'as tho only
wDnld not justify such wordA. Mr. Evarts
did not again tefer to thia subject. Later
on, ho challenged lis at1Versarics 10 show pny law
making a husband sn1 wife competent witnesses
AGAINST each ott,or. a1r. 15eheh Immediately met
tho challenge, and sllo,t pRksaga at arms fol-
lowed. Judge Nelson Haid tue argument hatt
Leon of great luterest to him, aud ho would givo
IL oil ptsslble consideration. uo would not
write an oPiIion, rs that would FAVOR OF
pedantry. but hc would gro lais conclusions on
Monday morning.
Ito ths Assoc;attd Er,nI
- TILToN COMPETENT As 4 wiTsEea?
NEW YoRK, Jan. 2y-1Aere waa grea. crowd
Of lawyers this morning 10 tho Brooklyn City
Courtroom to hear the arguments on tue 1ueB-
tton Of tho admission Of theodore Tilson ~
'wlttrnEH III the case.
Judge Nelson stated that he waa informed by
the editor Of the Tribune that the pamphlet
tanning the so.called official report nf tho frat
.srt Of the trial FaR not issued from tto Tribune
s1Iiice. Tie Judge then censured the publishers
for their severe Griticsms Of A1r. Mol]ton, and
hoped tie oHenae would not bo repeated.
GEN. pnyon's REMARKS.
After the jcry lad answered to their uarnca,
Gen. Pryor resumed his argument In favor Ut re-
e~iyin. tho testimony OF Theodore Tiltou. lie
,s lrohihitine parties to suit in q Case Of adui
t;erv giving evidence for or against each other.
This witne.H did rot attempt to take tic stand
;!eainst hiH wife, but II was against her alleged
t.'ducer, to testify to tho crime committed by
lreury Ward Beecher. In the case Of pe.1e
aI;r,nst Howe, the Supreme Court decided In
til /, caBo Of criminal connection, sud the
hu, band was admitted to testify, An ap-
4 nIr~x 81 =
cast, was elabo1ateIy aEgnod and attent-
iyeig 1istened to by the Court, and
thetr was no question with the Court that the
with Was admissible, and conceded ha com-
potency. Tie question With this Coutt now waB
~ 10 what decision ho should follow. Tie
sal1nd gentlemen on tho other side argued, as
&, ettier reason ttlat no husband or wfe could
Fl collateral evidence III But, that they couid
not give evidence tho one to rriminate tho
otEsd r; but tint WAS not sound ]aw; it was not
the 'aw OF England, neither wan it tho law OF
Anna IDA. Counsel quoted two casos whore tho
husband In ono case wns convicted bf perjury GU
tho Testimony VI his wife, and in the other he
was convicted Of perjury aud blgamy. ln case
in this State. Justice barrett says the oyi-
ience OF husband and wifo Ia receivable,
though tho evidence tnny crilial1lato QUE or tho
otller. Certainly tlsls the case iu this State
lie Lad selected one caso from tile State OF Now
jersey, EioTe lie Limitation VI tile law WINS prn-
pounded BY the Court, wliic1 said tho only luet-
tion wns In admitting tho evidence Of q husband,
wheo he Eaid ho thought tho rnos should be e1-
,sesltlcd and not limited, II plaintiff wcro ad-
1Mtted to tho stautl and proved adultery against
hiu wife. did that chargo her with my crl.nc, or
On 1niuate iler2 No; for that wAB not tile law Al
1t was known In New York. Adultery waA not
tleu crime or otfcnac in New York, aud vas
not nos heAte the reasons OF the counsel OIL
tile .,thfr side wero inapplieable, becanao tAey
would not affect tho crimtnaty OF the wife, nor
the atlna;aabl}ty Of the plaintiff s. a competent
Witness lie was compctent witness, tic coun-
sol argaled in conclusion and slnmld be 30
sworn.
air. DT.ACHs Anau2fESL.
William 4. Leach roao to hl,ata.n the hrCl-
ment Of hin brother counsel He pni Il compl!-
ment to tue rhetoric OF tic counsel Oh tile ottIer
aide. Tint dcclamaiion, he sat, wuuh haye
defending man NiIo Was believed TO be wAlking
in tho illuBt1ious footstops al Ills Master. What
ever t1enry Ward Doechcr might say on That
ntant, tho tustice Or imraftaalitR hf tile law
tlebaErGd ThoOd0ro TIlton from answ erinG i'm.
putatouH. Tho Bsducer would be allowed IN Tho
Atal,d, wLile the man whom lo lad wtonged
would 10 forced 10 BIT idly by With his lips
sealed. Thus was great and important subject
which His noaor haa to deal With. Counsel
believed that tho law cherished tcutlcrly lilo
family md tho home. lie arguad tAat no
society or government could etnud except upon
t4o sauclily OF tho domestic circle being
preserved invlofatc. Tho skuo held
good with rega,d to tho marriage relation.
Counsel Oh the Other side said that this union
Of haudB could not ho suru, but tho speaker sub
rsatttetl that itlaI ofton bsen manglel and torn,
Ills friends on tho otlorsido were digging among
the foshils Of the past aud bringing Up tho dead
carcaBses Of exploded themes aud paradiug theiu
by way OF argument, but these were not 10 guido
tue Court. Couuaef imagined cultured, latpF
llotne, tho vito weak, frail woman. dcvo.e,l to
tho husband Of het carly choice and tho fntie:
Of her children. Hho lad = pnator, learned Htl1
aonored, aud gifted above lns follows, ono whose
words were l,sreuod to With defercnco and
reverence. Oh. he WAS giftod with silver
tongue that would bring an angel out or
paradise. bhc looked up to him With rev"
o.ence. Ho was almost an inmate Of her
homo. and 10 tue confidence Of llcr husband.
lie c1erte1 upon her all hs arts, md sho fell.
~ she to be blamed fer hor act Was this proa-
ton Oh. mol Consider how strong he waH
aud how weak she mas, nnd imagne the spacious
wayB 10 which he taught her that fornicatfoh
waa hnt epecies Of love. That scdncer Ia
brought to tue tall ct justice 10 answer Tor bis
criuo. 11ers was no ruIe i'll tho lav Of this
stato to prevent tho injured man from tcst.fymg
against him in this suit, and on behalf OF tie
proposition counsel cited from numerous
authorities. llo calIol attention to tho
case Of soutlwick against ,southyick. il
lH4g, In Now York, az case in uoiut. It is
etated that thia III tho destruction Of conju-
eal felicity, but the law should be unifol u
aud universal iu It's character, and theEo ahoull
be 40 dlyerslties Of opinion Lus MES not tho
q. much By allowing tho husband and wife to
tes.,fy In suit. or one agatnat tlls other
Counsel quoted, from l&obinaol's reports, case
where VITO had left het husband oil account Of
cruelty aud his bringing lewd woman to live In
the houHe with him. Tine vito waB admitted Rs
ntuess to testify "a to the facts Of the natter
Tbs vas followed by an extract from the opIn-
lou Of Justlce Jones. iu whcl. 4o admitted the
Iata changes In the Inv With regard to the fex-
tons botween husband aud wife III this country
aud England, and referred brialy to the1t.
Counsel At this point suspended hiB argument,
and recess wnB taken.
ENTGn MA8. TILT0N AND FARTf.
After the recess, . colnmoinn was raised III
the courtroom by lbs entrance Of Mrs. Tito on
tho arm Of Dir. Uvngtou, and accomplished By
strs, Field and Mrs. SleasinaD. Tue psrty took
thor accustomed Seats facing tue jury, aud be-
bind counsel for the defense.
NR. HEACHs An0uM9Nr CONTINUED
When order had been restored. Dir. lleaeh con-
tinuet i,a argument, liz was aHarc that plain
tif1s testimony would reflect on tlIe cllastity And
purity Of lis wife. Tho answer OF tho la" "aa
that she waa not Interested in thls suit,
aud she might claim all tho privileges Of
. wife from plaintiff. It WAS not