New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-17
HOW MRS. Triton MIGHT HAVE BEEN MADE
WITNESS.

r. vour Honor please, an allusiOn has been
ma 10 to tho osr submitted to frenl, tue other
ii 10 ad Your Honor, ny which we consented That Mrs
T;oo shodappar rs witness behalf Of the defense,
il they chose qlu herSithIraw wing all objections
anon our pact II is contended by Mr. Eyars follows
N"w, geutlemen, there have been two PERSONS whom
the law cNrlles rs VINE shl yyl VIZ" ir,n ~ IT
rais parry plaintiff as vito, ana this party
defendant wife. world. doubt. in mat ers Of detail,
in matters OF su1sancr perhaps. Dc pOsseSs 81 knOwl-
edge that would dsl0'o trthi nut Tue Jaw ihcApipy
has &c luc them DOm. Mr. Becchcr must lose all tho
confirmation his wfo's intimate and private hnowi-
ell tho prlccG AMI careful pr"Server" i ~ ate-
aud facts and knowledge, In memory, OF all Il icultle9
attendant upou her husband. 10 which she could b. "A
witness; AMI Mrs IIt9n equally excluded IN l"e NV
is under greater disability, II tue absolute excli-
sion had been "verrdlen by statute ~ Ia rsgect Oh me
husband II II supposed 20 nave D On u1he1Il - the
exclusion oi all matters that passed ny cou-
idence between husmul aud wife. And yet my
teamed friends ehieiy aware VI DOT u,,e RUSS VI idW
hrst the snutr exclusion OF the wife, MIS- ItOn, and
nr.yalv ~ tween herself anI her Husband in any tho
ong intercourse Of theiI lie have chosen Ia put them
upon Oi'n sc demonstration after our case was
closed lh"l u We "la'l"d 90 ca! .iF- ,",n 10 NIX gu"
case stronger aglinsf them they wQuh MOI o'g,cI
r Well gentlemen. II they thought that MIS-
Tn'ons evidence woul be agreeihe 70 ti,en, tno way
lawyer u do an honest, sirashtfot" ard thng n
behalf to cai her themselves, aud pnt upon us
not eXhhitOry responsibility, bus an actual rerpousF
biity u saving that W. objected; anl SHE vas M.
you will b-eve has been ths source. ant Oh the
evidence, has frequently been made me means OF making,
to be sure not cnirse OF adultery nut charge vi IN
proper solicitations
Now, we very wen aware, your Honor that stat
ute removing the disability OF witnesses an enabling
statute in all it's provisions. making tho wife and ls
band competent to testify and against each other,
cides operation " the statute IN specified eases in
Guiding Of this character. action ~ crt.
THERE'S no absolute declaration OF disability In this stat
ute The disability exists 40 common law and not by
press statutory provision, THINK my friend improperly
assumes We adnil that by the common law Mrs. TlOn
was an incompetent witness this case, either for
against her husband but insist 10 your Honor that
that Ia an ncapacity which may De waived by
The parties. | insist that there Is no dis
ability attaching any witness under any circumstances
which, n a civil case between parties cannot be waived
why Sir we are taught that statutory rights may be
waived by "a party; Taught that constitutional
privileges may be waived in civil action. either by an
express by failure. In the ordinary line OF tho
administration Of justice. to object, 20 claim the privilege.
10 the right. Aud what ~ there In the condition OF
the 90 parties In the attitude of this question Of capacity
what thcre prevent this lady from being witness
If parties consent that she shall bet The qies
ton of evidence under the control OF the Court,
except under the objection and nsstance of parties.
We may present concession. my give stipulation
to the opposite party admitting facts they 10 us,
without violation OF any VI the rules Of evidence,
formed, IL IL true for the sscertainment OF truth,
but the ascer,ainment Of truth with reference 10
tho particular parties TO whom, against whom. and
for whom the investigation Is produced. Aud II the
husband and Mr. Beecher should agree that the wives OF
both might Reproduced upon this stand there 10 power
la tho Court u tie aw DeAe.Gie taeu My, Il .