The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1875-02-04

ter the words Il will rot plead, were in
serted, in different colored ink, s'for my
SELF and the word scan't'' was correct
ed in different colored ink.
MIR. Beach. Now, the question is
whether Mr.. Sherman read it according
to punctuation.
The Judge. He reads it very we'll.
Mr.. Morris. There is one point, if yonr
honor please. The counsel attempts to
give a false impression in regard to this
letter, and he spoke about different col
ored ink. Now, the whole letter makes
it manifest that the pen did not deliver
the ink freely. and many of the words in
the middle OF the sentence will be pale.
There, for instance, in that word Mr..
Morris held up the letter and indicated
the part the two letters ''gh" are pale,
and the ''T'' is black. That shows that
the pen did not deliver the ink regularly
and uniformly, and that pretense-
Mr.. .Evarts (interrupting). Now, if
your honor pleases, weobject to all this.
It is quite competent for our learned
friends on the other side to comment upon
this matter, when we are through. We
claim the witness attention, as is the
honest way, before he leaves the stand.
Judge Nelson. Some impression was
created in reference to the letter by your
comments, which therefore justified coun.
sci on the other side in making remarks
upon the subject.
Mr.. Tracey repeated his question to
witness, and the latter said he considered
that shave been" terminates the first
sentence.
Mr. Fullerton. 1t is proper here that
should call the attention of the court to
the fact as to the misleading Of the letter
as we'll
Mr.. Tracy. say it is not.
Mr.. Fullerton. Notwithstanding the
objection, ! ask permission from the court
to a point in connection with the reading
of the Letter.
Mr.. Eyarts. l object. Don't 60 on un.
til the court rules.
Mr.. Fullerton (sharply.) shall 60 on
until the court rules.
Mr.. Evarts. object to his saying any.
thing while we arc examining the wit
ness.
The Judge. It may be serious matter.
Perhaps you ought to reserve your crit
cism but the point may be reserved 70,
redirect.
Mr.. Fullerton. (bitterly). Yes, it is a
serious matter for the other side. Exul-
tation among Tilton's friends
Mr.. Tracy. We are all serious people
here. Laughter.]
MIR. Fullerton. And you grow more
and more serious every day. Laughter
by the Tiltonites.
Shall Theodore Tilton be Admitted a
Witness i'm the Case!
Beecher's counsel maintained that all
authorities were against the right of O
husband or wife testifying for or against
each other, as their rights and privileges
were equal, and the innovation DESTROYED
and defiled the privacy and sanctity Of
the marriage relation.
Mr.. Evarts read from several eminent
jurists in support Of his position. He
claimed generally that if such rule were
adopted perjury and violation of the
nearest and dearest relations Of conf.
dence would follow. The law, said Mr.
Evarts, throws around this great civil
system of domestic inviolability the pure
robed figure Of silence and secrecy. II
does nothing by halves. It is complete,
thorough, perfect, and states the fact Sc
all can understand it.
Gen. Prior argued on the part Of the
plaintiff. and said he would adhere strict.
~ to the point in dispute. The question
was this: "Was plaintiff in an action q
competent witness in his own behalf e.
The common law excluded all parties IN q
suit in which they were interested. We
had now attained to that humane and
enlightened degree that criminal indict.
ed was allowed to testify in his own behalf.
In 1857 the barrier was removed by the
legislature Of New York from q party in.
terested in case testifying in his own
behalf, and by q subsequent alteration
Of phraseology he was compella-
bic to testify. This was the law which
governed this case, and would allow him
to tell the story Of his own side Of the
wrong. ltmay be argued by the other
side that Mrs. TiltoS WAS party to the
action. The counsel admitted she had an
interest Of feeling and reputs, but it was
not sufficient to constitute her party to
the cause, as the act of 1857 excluded the
wife as party to the act. Mr.. Tilton
was not in situation to be acted on by
it, but Mrs. Tilton was, and this was
what the law meant. Counsel was
quoting legal authorities in support Of his
position when the hour of adjournment
arrived.
The M0nseer Concert.
Gilmore has given Boston the great mu.