New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-17

and wife, Yet DO s~' ~ -
the parties o. afcctoL In tbs cootict OF prsats
private fyIts anl private rghts done,
c policy does nDt interfere % control the li seF OK
it, coaduct Every party hLs q right to a-''rt or 70
i've hisclsm and his privilege, and Whenever ani n~
eyer h. pleas y AMI the law cannot oommani ~ es"ns
Now, SIR IN tue c,se Of To People agt 7awier% 10
3Irnn 49, which Wa the OK conmDn law csrtEo'ars
70 review "A conviction agliFFt y defenl"J a. beng
disori ry person. y appeareil.t upon Ia ti of the
til, reator upon Ga At charge his wife w,s "Sanineh 40
witness against him, AM Tint Wa made ol1 OF tho
grounds upon which lac attempt a, through as process
70 reverse the conviction.
judo Nelson-Tle objection not having ben taken
blow
ur B,aolrhe objection not wing been taken bclav.
Ara TIE Court hcl that II fnlsbod NJ raiJa f9r TIC
reversal OF the conviction Nov, Sir II tho arr ulcn'sor
tie clrnel gentlemen arc sJ1ai. IL the disability rests
exclusively upon te idsaoi p' c o,cy upon ioclars
tlp og rule ST. cther ~ statute AZ common 'aw, 20
po.flye AMI xcit ~ n c.luot Do disregili ~ The
will OF IL patss II IS perfectly apparent - his de-
ci.ion must have been othccols, II tielaw 80 ahHo-
utely anl WORLDLY. The counsel says Y loss tbas
the wife shall not ne witness or or against hes sDlnd
why then " she IL introiu md It "a v9'a 0' "
public policy which IL TIC wrong, Of course ta) Court
unfolding public policy, protecting public intcre
aai guarding II from tho concession, and
privileges OF pprties. would declare against
any jud gment founded upon snch violation
But says the gentcnin this was forensic eSb ton.
II yolr Honor please II at the close OF the ease Oh
the defendant tint the Offer q consent to the h'roio
ton Of Ms. Tilton made We were no certain
whether or not she would % orel before we made the
nr,poslon Indeed I may say trrtfnlly, TINT we er-
pected-erDec,ei after all the dccam ltion wlici had
been made A. to the hardship OF her exclusion, ai1 Wien
they ven lrcd claim that she was the real party -
interest in this ease, why We supposed we expccted
that they would offer her IN vniisation Of hep
own rigi's in defense Of her own inter'st and
af,, tIazffr finl n
rights were u nj all affected by this judgment, there
was great aushity and appearance 0f rir ami ustco
IN the claim that she should b. witness We wHirn
patiently, until they concluded their case, and Thea
made the proposition which they rejected to receive her
a. witness IL they chose to present her An bi syv
The gentleman III you had acted In an honest and an
honorable way yon would have produced hor your~
selves" Well that, your tIon,r IL altogether too unrca
sonabp and absurd for comment with this lady stand
ing in the relation she did. cons0rns with those WIN
whom she did, cvncng her tendencies and her feelings
a. she did, it Is certainly somewhat unrea-
sonahe TO ask that Mr.. Thton should have
introduced witness, aui thru put himself In
position he could not by crossexaniniton Or ron
trldcton, te the truth and the sincerity 81 her ''-
mony governed ~ suppose it wonId be- ny the same
influences and the sentiments which have with
drawn her from protection and association.
Agan, the gentleman says IL Is great hardship tho
Mrs Becchcr should be excluded. Well why did nj they
offer herl The question never vas presented to u.s. NY
own jul eut, sir would have been II the question hal
been presented, 10 allow that lady IN take the slant
an favor Sir in this case oi full Investigation;
have NJ ptes .iona zeal In Ibis which leads ms to
cover ~ the truth have desire for "A result In tits
ci-e which would Severn any decision which ni'sht
make in re card to the propricty Of evidence Offered
II perfectly plain that, Ear "a tue materlates ~
this cse are concerned, the evidence OF Mrs Bceches
con 10 Of no essential mDront yet would has seen
very glad have heard what de under saTnina
ton mi ht have said in regard 70 various or the aspeeO
OF this investigation.
Why was not Mrs T,lton callcdf You must considns
that question They were fIee esll her. With our CON
sent the law permitted r. She Is glorious spirit, In the
e-timst of Mr. Henry Ward Reeeaer Pure and white,
a. these men believe and swear, we think-r'at ~
my client thinks--ihat she stunned without fault Mr.
B,eohcr believes that She had temptation to sin,
much les ian beneat. t. Sh knows the truth " she
be nnoccnt II her written AMI oral dcclaraors arr 3,
If Mr. Henry ward Baecher did address TO leR
and improper solicitations aye II he Cd NOT dens
her body that thu5 exa ed uuon that stand win
vOib thai woui have nen'ir ~ the con-cence of ths
world, c,uli have Glazed h- ana her Innocence. (AV-
pause
Judge Neilson-Gcntlemon, thi, won't 10.
Mr. Ielc-Gontlemcn. Their, Is escape from this A.
gument. The Subtle sry aud tie LEGAL errors OK my
learned friend diminish itS moral force and rs-
peat again WITH emphasis, In te hope that 10 viii be In
pressed upon tue Judgment and conscience ~ each Of
these iurymcn why not Elizabeth 4. Titon per-
mittcd to tell you all that her 3nnseienee would peraae
| her 10 say
Now let me read to you gentlemen, what the 'cahirs
F, OF the law il upon that subject:
The conduct OF party omtny TO produce thai evt
lnc, in eliciiao ION Of the ~iGect mattes III lspn,e
which il within hs power, and which res's peculiarly
within hs knowledge. frcst ntly Affords orriSoa
for prcsmptiois a4nst i sine Il misses Fl Dne ~
pi,ion that such evidence, IL adduced would operate 10
Wlcira a patty being appraised OF the evidence 10 b
,mcel a. t,u,t him las Inc lneais Of exliauati1n
lfatf. N
INN he unoGried, ana does not explain or raiatr t,e
Ilencc tho st.unyest presumption tai tie
c.ar IS trre or the claim VII founded. 1t would 30
cpa rry 10 III experience ~ human nature AID cobiuss
"a come To ans otuer conclusion.
NOw cone der the condition OF things. IltOu sweating
thai his vic confessed alGery t0l!m with Mr. Henry
Ward Beceher; swearing hat on the 3Oth Of DSoenber
he conAuc ltel to M Henry Wlgd BSechsr te fact VI
that confession charging adultery Mr. Beether denying
il and mltng 1t to Improper solicitations AMI Mis III
ton made ID competent WILKES On behalf Of Mr A"ry
Ward Beecor TO contradict the fact either tiat he made
any such confession that there WAC any crn,ity DO
herself and Nj Bcocher, and they falling 10 p,esens
her, You would not cali upon ~ to do It, We were 40
cirSing; asserting We lad given proof of our
accusation and assertion 10 rested upon them 10 con-
tradct They to do it by their client They failed
to do it by whose testimony would lave exertsd
a profound If not conclusive, influence upon that
issue. Alb gentlemen can you not see the
reason, when you ind upon this evidence tho
proof that the fact OF this confession lad
communicated to various parties, To Richards 70
Bradshaw, to Mrs. Emma Moulton, and To Others. 70
Florence Tuton--I dont know whether that Is in evil
uce-but when you from the proof that the fact of
that cOnit had been thus communicated 10 various
respectable aud responsible persons do you no, sec the
reason why Elizabeth r. T.lton not produced us
witness aud why, the presence OF the so,emnity VI
this occasion AMI with the sanction Of an appeal to her
Maker she dared not stand witness and deny whae
she hal often soeinnly asserted ASSUME, gentle
men, that under this rather brief and hasty cOsideiS
ton OF the confession of Mrs Tton yon WIZ believe
that il OF adultery AMI confession OF ldlery