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

anSwery'
! Mr.. Evarts objected.
Mr.. Fullert0n-Alter reading the question which
| was put TO the witness before the committee, and
you S say that in answer to the question that mas
been read neres" and he answered that he did
alter tue to hold Mr. Triton responsbe Tor what he
said there ia answer TO THAI question, and ne
not been guilty OF adultery, and that she had com
mitted no crime; that she had not violated her
" W.. we @ N 0 odaea 1
pref the language there implied. we must
know what had taken place theretoiore with mn
regard TO the confession. We must learn the
nature and the extent and scope OF the confession.
or else how are we TO understand the meaning OF
eliminate from long examination single ques-
ton and single answer and hold US TO the sentl-
opportunity OF laying before this jury the context
! 10 show what preceded 1t. Why, Your Honor wiz
eStas res aA that Something has gone before
| which we do not understand, ana winch we can
not understand unless am rantesso o0 mere IS
introduced and they have introduced IL IN LILLE
way.
The Judge ruled out the question. on the assump.
ton that II called Tor the terms and contents VI
Another argument between counsel then en-.
tom that was out ~ Mr. Fuerton:~"whst else
took place at the time tots question and answer
considerable DISCUSSION Judge Nelson allowed the
question and Mr.. Evarts Noted an exception.
Mltne8S con JlQue0-l n8o SCdtcO W INC COmuAAt-
tee in writing the su ostance OF the confession
made by MRS. rilton 20 me In July 1870 ana MADE
MI sSs me 70 Mr. or ana os
personss 1t was confessl0n-
Mr. Evarts then objected, and AFTER iurtner
Judge Overruled the objection, and the witness
continued-As l understand the question, IL 10
committee which led to their asking me tnat ques-
ton
miItee which led to tue question on that Occasionf
A. had made a sworn statement before the CON-
Beecner with relations Of sexual intimacy with
Mrs. Elizabeth K. TLton from the ian OF 1868 to the
MI Fullerton-sworn to ~ A. 1t was in the
form OF . sworn statement; have 1t here in my
hands these are the exact words.
z. This paper which you now furnish had been
laid before the committee PRIOR 70 TINS examina-
ton A. Yes, sir.
Mr. Fuilerton-Now, SIR propose to read 1t.
Mr.. Evarts-They propose 10 prove the entire in
quiry before the church committee upon the single
question which asked.
The judge think this has gone far enough.
Mr.. Fullerton-l propose to read THIS.
The Judge don't think II is proper.
ment made by this witness before the committee.
and they have put question based upon that fact.
Now is it not proper Tor TO know what was be.
lore the committee at che time
The Judge-lt was q sworn statement.
Messrs. Beach and Evarts then went into long
argument ON the question: Mr.. Beach holding that
"Iney give in evidence portion OF the testimony
OF Mr.. Triton before the investigating Committee.
whole indictment or the whole evidence which
may relate to matters not essentially and tnti-
by the defence; no necessary to qualify or to
plain the very subject matter which they have
ceedings before the committee on the part OF Mr..
1ilJon which rejects light upon The portion which
they have proven. Our OBJECT Is TO get the whole
truth to get ali that Mr. TltOn said upon the par
tlcular point as TO which they have extracted
single question and answer Of that examina-
tion And who VIII dispute tine prOpriery OF thats
VINO will attribute to the law any principle which
shall prevent Mr.. Tiiton from giving all that he
said before that committee upon the subject which
they have introduced and but part OF his decla.
ratioRY The examination was conducted by query
and ANSWER Tue ann c9unss 1a sms
and at any point in the examination"
Mr.. Evaris, in reply, stated ut Is not an inquiry
nocence or OF his wiles purity. What theory he
had OF adultery, that held the adulteress pure,
scheme OF reasoning OF Mrs. Tilon, II she had any
by which an adulteress was nevertheless pure
from the molly character o tne aos , o Ime
and has to 90 with a direct test
whether as a matter OF fact, II an imputed
concession me part OF TINS husband alleged
the VIE had not insisted on purity No. but on
the simple and straightforward question :-"Yew
say, Mr.. TtOn, Tor year after you state Mrs.
T;lton maze ner confession she INSISTED to you
that she had not violated her marriage vow !"
has violated her marriage vow. And he answers
that he did say 50; that he did say that that sne
old say che nad not violated her marriage vow,
she did.
The Judge-I still think I cannot allow you to
read that paper 1t was not part OF the CONVEX
sauon respecting the inquiry. 1t was presenta-
ton on winch the inquiry was to be nader
Mr.. Beach-Nor any portion OF IT.
Inc Judge-Beslde this discrepancy has been
clearly explained. You have rignt 10 read spe-
chic parts IN order to make your exceptions.
At his Eolnt the Court TOOK recess until two
p. NJ.
AFTER RECESS.
Notwithstanding the duness Of the morning
Sc sion the Court was crowded in the afternoon,
and the counsel for the plaintiff were unusually
alert. Three OF them we're standing abreast on
the noor at one tme-Beach, Fullerton and Nor
rs-while Pryor, sitting back on Chair half
tilted, swung himself, punched MS lips and listened
nervousy.
The counsel for Tilton had made ND their minds
at the recess TO produce before the jury, as an
offer Of evidence, an alleged and now extinct con-
fession OF Mrs. Triton. This method Of procedure
has been part u the tactics OF counsel on both
sides TO adduce papers and documents ruled out
as real evidence in the form OF offers OF evidence.
Mr.. Evarts, who Is doing nearly the whole oral
work OF the defence, was promptly up and
launched into a speech lie had fought all day
with a perseverance and general good nature
which indicated the portance OF bjectlo rs to
the cause OF his client.
lie was at once reminded that on three occa-
sions ne had put In offers OF evidence after the
papers on W hich they were based had been ruled
out. Mr.. Beach began to read Tilton's sta tement
before the church committee, when Mr.. Evarts
again interrupted with a speech. Inc Judge
showed a remarkably clear memory OF past cpl
sodes OF the trial, and corrected MIR. Evarts. lie
sided with the plaintiffs counsel, but still per-
mItted Mr.. Evarts to the great amusement OF the
audience to make a third speech.
Mr.. Evarts was prompted by mis- associate, Mr.,
Abbott, the celebrated law reporter round
headed man, with a rather sckly compile xion, az
oil too much closet work.
Judge Porter. still looking III, watshed Mr.. Ev-
arts attentveIy from behind his spectacles. Gene
raj Tracy, with his hands ciasped behind his head,
Also looked up with his intense, clouded lace. Lie
looks to be always about going into battle.
The Court assembled at two O'CLOCK when the
redirect EXAMINATION of Theodore Iilton was re-
suIned.