Wilmington daily commercial., 1875-02-04
FIRST EDITION.
THE BEECHER TRIAL.
our NEW YORK LETT e r.

NEW FEATURE IN THE GREAT TRIAL-THIs LAW
OF EvIDENCE-JUDoE NELSON'S RULINGS ASTON
Isn THE rLAINrIFF-TiLToN AS WITNESS Be
HAyIoR OF PARTIES IN COURT.
New YORK, Feb. 3.
The Bcecher Trial has growing tedious, but
the unexpected calling of Mr.. Tilton to the stand
10 early, and the still move unexpected and
brilliant legal debate for which that motion be-
camo the signal, completely renovated the flag
ging interest, and set it upon higher plane than
before
Judge NELSON'S decision to admit the witness
was in accordance with the reasoning and prece-
dents of the plaintiffs counsel. His exception
debaTlng the witness from testfying TO matters
tina. were of confidence as between himself and
his wife, was IL concession to the defendant 8
counsel, and it seems, to n settled principle OF
public policy. The plaintiil's B counsel themselves
did not demur to this; but the subsequent strng-
giles over the testimony arose over the questioii
what constituted confidential and privileged
communication between the husband and wfe;
with still nicer question, how to Introduce such
communications into the testimony without tes-
tfying to them Judge Nelson ruled for MT.
Tilton as ho did for Mr.. Moulton, that whatever
was said to Mr.. Beecher on the subject matter OF
ths trial was competent evidence, not to the truth
| of the thing said but AZ giving significance TO
| tile behavior and declarations OF MIR. Beecher
| IN presence of such statements. Any report 10
Mr.. Beecher of Mrs. .Ilton's or anybody else
| statement about the matter could be stated M a
repoIt made to him but the witness could not
BE- permitted to go farther, and put 1t in eyl-
dence that Mira Tiiton did actually say what he
lad told Mr.. Beecher she said.
| But the plaintiffs counsel were thunder struck
when the Judge ruled out Mrs. Tlton's confess
| sion as read to MIR. Beecher by the witness Oh
| the grounds that this was confidential COM
munication and that the writing had been des-
troyed, They stared in silence, and apparently
| forgot even to take an exception.
MIR. TlLroN As A WITNESS,
| ou his direct examination, is highly successful
az might be expected, and his examination pro
ceeds more rapidly than its predecessors. How
the present witness will stand the vlndictlve ano
merciless cross examination to which he VIII De
subjected on the many vulnerable points OF M
rather tlighty and inconsistent conduct, uotn po
| vet apppur, ut the present writing. But an
afraid ho will wish tho judge had mercifully
ruled out his testimony IN toto, peiore no eeo
through To tue bitter end
Tiltons literary and oratorical talents ana
training here stand him in good steac. his nrs
DAVIS evidence as whole the most palninl part
was delivered with manifest effort OF the mos
nowerful self-control. The strain between grea
emotion and great restraining force, was sueh u
TO make the timbers qtllver every moihenc, 30 U,
| sneak and vet the laboring frame or facial aht
vocal muscles never for Il moment gave way
| Ills voice was unchanged with emotion, y9t wa'
carried steadily through the deliberate anu , Sare
, | fully chosen words of every statement. lhei'
/, we're MANY long passages, in which he turnet
and addressed himself uniformly, direct TO th'
, inrv who turned also, almost to man, oftel
iea;ine forward in the self-forgetfulness OF ap
, sorbed attention Although not at all at HI
ease, like his friend Mouton, yet this Witness ~
so never lost his self-possession, TO whlch, ~
deed. ho seemed to hold with all MS strehetn
put his face is for the most part OF an aiinos
ashen color natural to an Opaque skin uhue
D tho railing effect of an extreme emotlohai straii
MIR. & MRS. DEEcHER.
attract unusual notice during Mr. Iiltons exam
: ;na,ion by their demonstrations winch seem
i,o as iii advised as almost everything done 0
thot aide | do not like to crticse them, the
l.. nns;tion ia painful enough, but every pody doe
l., Il and the unanimous opinion outsiue VI Vi
a elect seems to be that habit OF scorhtui lauel
Il inc at all statements that seem TO tnem 10 Gu
rop rebuttal savors of levity and borders on II
dacsncy in circumstances 80 extremely seIiou
II u Ar least. A grave, undemonstratiVe anu ulen
!, aad demeanor under extreme anu inIaiho.
Is charges. would better express the conscious u
a nocence in which Mr.. Beecher ID presumed
u stand than the contemptuous airs wnuh nIe ~
sact tbe fayorite refuge of brazen guiit, 10
SO ;ust howeyer this foolishhess ID mucn tne iiio
in Joans,nicuous in Mrs. Beecher, OF the two'
u MRS. TILToS.
ia dragged in by the lawyers, 100, oi else ,t ~ "
~ mr,vv council of the defendent, to iace ou' !,
Il, p iy,onuted infamy of evidence. say this !
cause know that is the policy Oh 'he oo''H'