The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-01

4
con letterI hare been active on behalf Of M.
RnecheF: wrote no statements Tor the papers be-
70 the Bacon letter tiai recoAeet' Whs prac-
tlcally out 81 the scandal TIL the end o. 1872.
q Did YOU make any suggestions or consult
WIN lead % journals vi y regard t., puolshlnR
tne seaman A. may ~ We dRne soi ! nave Wrt,,
len no statements 10 the papers fnaf can recall
sluee lSTli don't oelieVe havei l nave talked
witn men Ol the press me subject tre sean.
Gal; have talked with great many people OF ~
Ihc phases o. tue scandal; since the taco ever
have been an ardent advocate lor Mr. bercneri
nv arst CONSULTATION with nm on the SUBJECT was
about . week after the meeting In Mouitoa's
.. Lave you solicited or spoken with a promi-
nent ealtor OF a leading journal for the purpose Of
the caseY A. / don't recall having done 50;
have spoken In friendly way with the editor OF
5. Who was tnat' A. John Russell Young, OF
q. You suggested that al the papers in the case
should be destroyed? A. / aid: Tlton objected 10
tnat: a. 1 understood the matter II was that Mrs.
Tilton mad made accusation TO her husband,
and that afterwards she mad retracted that aecu-
sRtlon: | further understood that she had re-
newed thar accusation aud | supposed that II the
the ruin OF all The parties.
.. Did YOU So. pose, assuming Mr.. Beecher to be
innocent Of tine accusation, that the publication
OF the charges would ruin nimr A Yes, as the
o. You supposed the publication OF the charges
would ruin Mr.. Beccner, although innorents A.
Yes, substantially rum HIM If the charges were
supported oy Mrs. I'll on, backed up by tue papers
az they were there presented 10 me.
z. Even although MIR. Beecner was able 20
assert mis- innocence.
.. Did YOU not after the investigating commit
tee called, strive 70 have The papers
oestroyedf A. think not.
This closed the cross-examinaton.
REDIRECT.
there no objection ia having any OF the papers
destroyed alter part OF them had been pnb-
should be destroyed; ne believed That Moulton
was silent at the SUNDAY interview when the
aud expressed his determination not 10 follow
the ADVICE at SUBSEQUENT interview. A
spoke TO Mouiton about the payment OF money,
Nj. Woodrur SPOKE TO hIm on the subject and
said that Moul,o on mad attacked him Tor eommuni-
eating the TACT Of the payment TO Moulton; the
witness explained the circumstances, but Mr.
had acted wrongly in the matter; he had several
interviews with Mrs Mo1lton after the puolica-
ton OF the Bacon letter; ne mad one before the
10Th OF August; ne did not use the word "klcklngn
In reference TO turning Tilton out OF ner house.
Tue witness was asked what he did say, ana
Mr. Eyarls SAID that the Kicking was, OF course.
metapnorical, and mat no one would request Q
tnina AKIN 10 this ne had rgat TO explain.
Tue Court ruled partly In favor OF Mr. Evarts
and the witness said that anything OF the KIND
which ne said was in answer 10 remark OF MIS-
Moulton; at the interview on the 10Th OF August
he did not advise the destruction OF the papers In
the case Mrs Mou.ton ana he mad no dispute
their topics of conversation, out aiWags agreed:
he remembered consultation In regard 10 the
proprIety OF obtaining an Injunction 10 prevent
tue destruction OF ne papers; &c was otter the
Il
the time OF Moulton's refusal 10 produce The
papers: -, ,o,u H..
and Mrs. Moulton the 10tn OF August, and the
witness said that ne considered the conversation
confidentia ana wished 10 have IL nrst given
by the lady herself
THIS closed the examination Of the witness.
PLAINTIFFS COUNSEL WITHDRAW ALL OBJECTION TO
MRS. TILroS WITNESS.
Mr. Beach mere rose and addressed the Court.
He said-ln the course Q. me srlal aLasioa had
been made 10 the fact that Mrs. luton was an IN
compe cent witness. Now, Your Honor, we beg TO
saF tnat we make no objection Shatever % AIRS.
Ttton beng produced as witness; that what
ever legal objection we have made against her as
a witness IN tae case we nov waiYe entlrey, and
leave IL 10 the other size 10 produce her II tAey
choose. / suppose, SIR tnis Is 4 matter hat res's
enu ely win the discretion OF the parties 10 the
litigation Ana now ali desire 10 Is that
We consent on our part aud our Trends the
otAer side produce he lady a. = witness on
taelr he AR n they choose.
THE DEFEScg WILL NOT HAVE HER TESTIFY.
Mr. Evarts, ~ rep4y, sald that tue question
acinaiiv en.ertatned me Jaw uroh1pfts IT. the
general sense and wisdom o. that policy prohibits
~ mere was a period durtug the Or 0gress of the
case when the Legi lature " Tie state under
stood 10 be considering whether tile interest OF
society, predicated on the Importance 81 paTticu-
lar case, would aDrOgate tns rule Vi law, abandon
the policy OF society ana open the d!scords
OF husband ami wie aud permit them 70 swear
against one another m court, aud tie Legislature
were unanimous Ia coming 10 WISE aud nrm ce-
termination on tnat question. sustaining the
cise needed no more testimony. Ii, however, We
had come Ia the same le alton OF auty 70 our cl-
~.
wlfe were ! witness "a tile law permitted TO De
INTRODUCED. tuen we shOula nave 10 waive a great
dury n determining whether some injury, some
weakness IA wat felt might neea 10 De sup
+ pies in our clients case should be properi1 sup
y piled By the grave antagunism tearing 10 pi ces
Il the last shred o. respec.aoiltJ ana hope Tor the
future OF TINS family. Fortunately We have not
been Drought oy any uolot OF hesitation us 70 me
force Of our deienre ,uto tnat great moral ques-
tion. Bat Your HonJr sees that these are all
Hypothetical inquiries and 10 which should not
have sliuued Ia the least but Tor the introduction
By my learned mend u tins proportion.
AZ Beac - aid hot suppose, SIR. tnat the say
pestou made was 70 give occasion Tor an adj
dress or tni- character. did not propose 70 fol-
iow H. nor Is u necessary Tor me 70 present the
motives which Induced me TO withdraw am posi-
\ BILE objections wnlcn we might nave to the cOmpe-
4 tencJ Of IBIS lacy as witness. snan not pursue
the question SIR, shet. er the necessities oi the
de endant's case DO not need he considerable or
tne propnety o examining TINS lazy, o. snail
consider Sir, the other question wne her her pre-
sentatlUn as a witness Ia tuis case Il lead 20
an an arOnism productive Of results anticipated
oy earaea cVunsel. Very mucn might be saia
upon taAf SUBJECT, ~ - how much OF tue gar
neat o res ect@biry l. lelt IN the present cOndi
ton ana atiitGde o. this family: and as 70 Toe
responsibility, let IL rest where A. may FOR the
presentation u tnls scandal l maY say that
~ ny view OF the p nc, 81 tne law the
learned c0unsei y entirely mi.saken IN bOth the
legal intsn OF our Legis.a tu.e aud also pect-
ing the prUprieiJ % = woman ptesentinz herself
iOrmer discussion we alluded more extensively 10
the policy or Onr Legislature upon tEat subject;
and thihk y Was Very dearly demonstra 81 mat
II ~ now possible Tor a huso4 nd ana vile 10 be
placed 10 q court 81 justice Ia aItagoRAsm and hes
IAty 20 eAcH OtHeE. but co no Pfopo~e 70 us
cass a.; and ms onlF object "a rlsfng was 10 an
n0uace 70 Your Honor and 70 our friends that II
they cnOOse 70 avail themselves OF the oeneut Of
ner testimony that we sbad withdraw our 0Diec-
tion, nat may TESTIFY accordln4 10 tae Ordi-
narV rules u whence and not before ano her
tribunal II ties ca0Ose TO avail themselves "
tina tneg are At liberty 70 do
Mr.. EyaFts-I p esc1ted 10 fun, as Your Honor
remembers. an argument as 20 the law and the
iohcy Vi the ~ a. 20 tue situation wen AR.
u ThtDn vas on the stand. Ia conclusion, need
only say mat we DO not regard consent or stip-
uiaivn between parties ltr the viUiauon o q law
watch excludes a witness on zoe Eround Or puDuc
policy MAXIM hin or Der competent.
TIE COurt-rhe question here IL very dinerent
from tpAt presented gneu tue competency Of the
witness under con sl4era 100 before. becausc
We nave here statue direct a. 10 tue relation OF
husband and nlie, parties 20 an action o. tns
character have only 10 say tnat the question
having been pfesebtea, and the 0ner naying been
ma le, aud the learned counsel fee,ing Il their
i duty . decLLne. agceNt LMeLT sugAeslI0Da and