Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1875-02-11
the BEECHER TRIAL.


A NEW FEATURE IN THE GREAT TRIAI--rnis LAW
OF EvIDENcE-JuDdE NELSON'S RULINGS ASTON.
IsH THE PLAlNTIff-TILTON AS A wITNFss- he,
HAvIoR OF PARTIES IN COURT.
Ekw York, Feb. 3.
The BeecLer Trial has growing tedious, bu
the unexpected calling of Mr.. Tilton to the stand
80 early, and the still move unexpected ant
brilliant legal debate for which that motion be-
came the signal completely renovated the flag
ging interest, and set it upon higher plane IL ar
before.
Judge Nelson's decision to admit the witness
was in accordance with the reasoning and prece.
dents OF the plaintiffs counsel. His exception,
debarriug the witness from testifying to matters
tha' were OF confidence Us between himself and
lis wife, WAS q concession to the defendant i
counsel, and it seems, to q settled principle Of
public policy. The plaintiffs counsel themselves
did not demur to this: but the subsequent strug-
| giles over the testimony arose over the question
what constituted confidential and privileged
communication between the husband and wife;
with still nicer question, how to introduce snch
communications into the testimony, without tes-
tifying to them Judge Nelson ruled for Mr..
Tilton ~ lie did for Mr.. Moulton, that whatever
was said to MIR. Beecher Oh the subject matter OF
this trial competent evidence not to the truth
OF the thing no said, but giving significance to
| the behavior and declarations OF Mr.. Beccher
III presence Of such statements. Any report to
Mr.. Beecher Of Mrs. Tilton's or anybody elses
| statement abont the matter could be ftated al
report made to him bnt tho witness could not
bs permitted to 60 farther, and pnt 1t in evil
dence that Mrs Tlton did actually ray what he
had told Mr.. Beecher che said.
But the plaintiffs counsel were thunder struck
| when the Judge ruled ont Mrs. TitUn's confess
sion Al read 70 Mr.. Beecher by the with, 81 on
the grounds that this was confidential com
munication and that the writing had been des-
troyed, fhey stared in silence, and apparently
forgot even to take All exception.
NH. TILroN AZ A wIrNEss,
OH his direct examination, IL highly successful
III might be expected, and his examination pro-
ceeds moro rapidly than its predecessors How
the present witness will stand the vindictive and
merciless cross OK animation TO which he will be
subjected on the many vulnerable points Of his
rather tightly and Inconsistent conduct, doth not
yet appear, At the present writing But am
afraid he will wish the judge had mercifuily
ruled out his testimony an toto, before lie gett
through to tue bitter end.
Tilton's literary and orstolcal talents and
training here stand him in good stead. His frs,
days evidence, AZ . whole the most painful part
Was delivered with y manifest effort OF the MOI
powerful self-control The strain between great
emotion aud great restraining force, was such ar
10 make the tmbers gniver overy moment, 70 u
speak, and yet the laboring frame OF facial and
| vocal muscles never for u moment gave way
His voice was unchanged with emotion, y.t wat
fully chosen words OF every statement. There
were many long passages, in which he turned
and addressed himself, uniformly, direct to the
jury, who turned also. almost to man, Otter
leaning forward in the self -forg etfulness of ab
sorbed attention. Although not at sll at hi,
case, like his friend Moulton, yet this witness al
no never lost his self possession, to which, in
deed, he seemed to hold with vii his strength
But his face is for the most part Of an almos
ashen color, natural to All Opaque skn unde
the palng effect OF an extreme emotional stirir
Mr.. Il mrs. BEEouER.
attract unusual notice during Mr.. Tiitons exam
ination, by their demonstrations, which seem Il
be AZ i'll advised as almost everything done OF
that side. do not like to criticise them, tlici
position is painful enough. but every body doe'
it, and the unanimous opinion outside OF thu
elect seems to be that habit OF scoinful laugh
ing ut all statements that seem to them to cal
for rebuttal, savors of levi,y and borders on in
decopcy, In circumstances SO extremely serious
At least, = grave, undemolstrative and digni
: fled demesnor under extreme and ihfamou
charges, would better express tile conscious III
nocence in which Mr.. Deocher is presumed Il
, stand, than the contemptuous airs which are il
: fact the fRvorite refuge OF brazen guilt. To b
lust, however,, this fooshhoss is much the NOR
! conspicuous in Mrs. Bcechcr. Of the two.
MRS. TILroN.
: is dragged in by the lawyers too, or elso by Il,
' privy council Of the defendent to face ont a
/ the imputed infAmy Of evidence. l say this bt
= Cause know that is the policy of the defenct
d and it il too bad that any woman should bo SUI
. posed to exhibit herself to the public gaze
z such situation from cheice or taste. Her be
u tor sense OF feeling, however, have taught ht
o rather better behavior o. this stage OF her part
10 for shs looks tolerAbiy sober. in those day
II most Of the time.
y Lest anybody should think that even und'
It the plaintiffs evidence, it all goes one way, Il
% me state that one Of the most intelligent Al
It strong minded business men Of my acquaintan
\ told me Last night that he considered all this
in idence mere pack Of lies And he does not
II long to the "Beecher crowd" either, but stten
IN DR.. Cuyior's church, People in general can b
" lieve what they have made up their minds to.
ne DELAWARE.