The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-18

no adultery in his charges against his wife, This
shows that the Judge is not TOO proud to change
his mind on matter OF law before the audience
| Fuerton's humor is very pleasant.
"A lawyer VIII take GOOD thing II he can get IL,
whether ne asked Tor IL or not" SAID Fullerton. In
the midst Of one OF the wrangles, ana the quaint
ness OF this remark provoked all sorts OF express
sions In the court room, generally funny bit OF
smile began and ended In Mr. Beecher's face and
lasted longer In his wife's.
Tilton's testimony to Evarts was very quaint
yesterday afternoon, and three or iour times he
brought In whack against Mr. Beecner, which
the latter. fortunately was not present TO hear.
Mrs. Beecner In court wore Q white cap yesrer.
day morn ming. looked sick ma went to sleep.
Jeremiah p. Robinson was In court in the after.
noon, q large. white headed, red skinned, i'm.
posing looking man. He Will PROBABLY be the
next witness. The trial 10 growing more interest
ing day oy day.
The ensuing witnesses, it Is thought, win be
examined briefly and the plaintiffs case VIII be
put through rapidly.
Triton was nnaly dismissed at ten minutes alter
four yesterday. after thirteen full days OF exam-
nation. he and Moulton together have consumed
more ,nan one month OF divided testimony. Two
sacn Witnesses nave seldom been FOUND IN any
cause proceeding from mere civll, citizen higher
hIe
When the court assembled at quarter pas. TWO
O'Clock MI. Beacn resumed his argument on the
point which had been under discussion at the hour
OF adjournment He quoted some law authorities
10 sustain the position ne had taken and con-
Guided as follows:-l submit, therefore, II Your
Honor please that as matter OF right this evi.
dence u admissible and at least that, as O matter
OF discretion, 1t ID te duty oil this court, affirmed
by these repeated authorities, 70 permit the EVIL
dence which IL now offered And ask, sir, simply
tnat the objection TO the exercise OF
on the grounds OF inconvenience or allowing al
extended and prolonged examination upon irrele.
want questions, and me disturbance OF the order
OF business Of the Court cannot apply here. We
ask Tor no evidence, we SIMPLY produce a couple
0lletters written By the same party, originating
In the same mind and heart, ex pressing feelings
what principle Of justice these should be excluded.
wnile TIE other - permitted 10 stand IN evidence
MI. Everts Drieny replied In me course Of mis-
argument no said NOW the only point by which
connected letters come IN Is this: where letters IN
ant were offered In evidence by the former II Was
held !hat the latter might read his answer TO the
Aud where one party produces the letter
OF another purportng 10 be IN reply to a previous
lett err from himself ne Is oOund TO put In the let
ter TO which It was an answer, as part Of his own
evidence. lnat IA tnat there being brought in
letter to which II replies and thus makes it part
OF tseli, may be liable then to be put In as part
OF the evidence OF the party Offering the nrst let.
Judge Neilson-Mr. Fullerton, do you dnd any
Mr.. Fullerton-None since the Grimth Gaunt
v ss seVsn Or sgs 1nGs ns
covery Of the event.
Mr.. snearman-Tne original letter ID dated
We had not heard OF shearman for several
weeks and thought he was sick or OF fishing.
Great was our surprise at seeing him arise, pre-
cisely at ten minutes OF three. with an entire sen.
tence between his teeth. which he threw across
the court room in that way, so fresh ana unlike
the old limbs OF the Law, which must arise from
acting as clerk to q church and buttress OF the
no q m n M m m va 10 cd
much as II he were Shearman's march to and re.
appearance from the sea.
Mr.. Fullerton-The letter which we ofIer In evil
dence differs but three days from the date OF the
Judge Neilson-rhese letters. In my Judgment,
are not a. Important as they seem 70 be to
question Of damages as showing toe Condition ' Of
relations between husband and vile In their
nsp II o s
pose.
Mr.. Evarts-The Catharine Gaunt letter bears
on very material issues IN connection with which
we introduced 1t.
Inc Judee-l tnlnk 1 viii admit both letters:
Mrs. Tlton mas no interest IL this matter, and !
have never been able to see any force In the re-
marx tnat sne mas. 1t is question between the
IN IS collateral! subject not In relation to tne
condition OF the household Will receive the let.
tiers IN evidence.
The Judges remarks at this period wero dellv-
cred with his usual mellow and low.pitched voice
and amid the proloundest Stiffness without ieel-
ing, ne repudiates MRS. Tilton's interest In the
case. He also said he was unable to understand
the reference to the lady as party to the issue at
law, while still wife, The suggestions arising
from this remark ran around the court room, and
made stir. The Judge followed them up by ad.
hitting the letters II they bore upon the relations
OF the man and wife at the time OF the alleged
invasion OF bis family.
Mr. Evarts excep ed to the ruling.
Mr.. Fullerton read che first letter as follows:-
MI DEAR THroponE-I had expected you all day yes
the bstsrsst T. bSs we IRE both in
yssrnIns Return e q sAy ySSta
aisSipins Of penn. misied by good woman as have
rejoice Ia your happy and peaceful mind though
LAM not inc Ssnse h VIII De er Gois gt
thoushts Of ms race or neAf' 'nr0Ds win
ysrsT Destroy ny letters nor show them q our
.e s1 ve, win prevent me writing FEN nTG''
Mr.. Fullerton handed paper to the witness.
who. IN reply to counsel, said he presumed IL was
written at ms own house, December 20, 1872; at
/. all events 1t was written the DAY alter the publ
cation OF the letter to complaining friend In the
Mr. fullerton was about reading the other let.
ter, commencing Dear Theodore" when he was
interrupted by the Judge. who said snow that
different relations. or Intended to reveal inc
actual condition Of the, househoId or the differ
Mr.. Beaon-We Will withdraw It.
Mr.. Fulerton-We are through-that Ia all
THE RECRoss
The Judge Unexpectedly stopped Mr.. Fullerton
just as he was about to read second letter and
sad that 1t did not apply. Fullerton and Beach
looked at each other q minute, and, coming to
instant decision, dropped the document without
protest Fullerton instantly took MS seat. Evarts
leaped up, with q long slip OF paper covered with
shearman's notes, and proceeded to question Til.
ton on divorce ss nne ars
Titon rallied, put his ear to the lawyer, and, in
about half minute, the two great dialectitlans
and generalizers we're buckieo together.
The witness was then re-cross-examined by Mr..
Evarts IN regard to some etters which witness
said ne nad been unable TO nnd. He said he had
gwen his views regarding the law Of divorce In
IL Nall Xae knau hat