The Portland daily press., 1875-05-01
THE SCANDAL.
Testimony for the Defence Con-
clNdeG.
Prosecution Vithdraws Objection TO Mrs
IiIfan hui She il MOI Called.

BROOKLYN, April 30.-When the Brooklyn
City Court opened this morning, Gen tracy
walked up to the witness chair and was AT once
questioned by Mr.. Beach as to whether Evirts
had not been speaking to him about his , eVle
dence Tracy said they had spoken about half
dozen words on that subject Mr.. Evarts
merely telling him on what subjects he would
probably examine him.
Witness was then referred to a conversation
he had with Mrs. Moulton Tracy said he con-
sidered the conversation a confidential one,
but Beach said he was not aware that the lady
made any objection to telling it.
A discussion here ensued, but the witness
finally testified that he had conversation with
Mrs. Moulton about his substituting the SNORT
statement for the long one.
Mr. Beach then read the short statement, IN
which Moulton tells the committee he has re-
considered his determination to produce the
| papers.
Witness said he was present when that state
mept was read Before it was read Moulton
| spoke to him and referred to the character OF
| the statement that it was not to be long. lie mas
| no doubt he expressed his approval OF Moul-
| toms change of policy, and had labored to pro-
| mote it,
Witness denied that he said to Mrs. Monl'
| ton, keep Tilton away, etc, and also de-
| MED an alleged conversation with Mr.. hich-
ards SO
Witness said he had conversation with
| Bessie Turner on the piazza of Ovlngtons
| house. He did not see gentlemen named
Martin there he did not converse with Bessie
| an hour as to what she knew. He was posi-,
| tive it was not over an hour. Last summer
| Woodruff reproached him (witness) fer speak
| ing to Mouton about what he told him about
| Beecher, giving money to Tilton. Witness
| would not advise Moulton to go before the com
| mittee 1t was six months after the Interview
| with Woodruff and Moulton that Woodruff
| told him about the money. Tue witness de-
| MED that be had written articles for the papers
| favorable to Beecher. He talked with men on
the press about the scandal, and they nave
| published his views. He has been an ardent
| advocate of Beecher since the Bacon letter. He
| had frequent interviews with Bsecher on the
subject in 1872. He does not recall having seen
| the editor of a newspaper and requested
| friendly notice of Beecher in relation to the
| scandal, and enlisting the paper on that side.
| Witness admitted that he suggested to M0ui
| ton to destroy the papers in the case, and Ill
| ton, who was present, objected to it. He made
| a remark TO the effect that it the Iilton story
| was published it would ruin his wife. He be
| leyed the charge to be improper relations vlr
tuously repealed by Mrs. Tton. He thought
her retraction her contradictory statements
| and Beecher's denial would ruin her. He sup
posed even if Beecher is innocent 1t would sup
sequently ruin him to have the charge made
| public, and therefore he labored to Kill the
| scandal outright These labors continued after
the investigating committee was called and
| after Beecher had called for full inquiry. lie
| labored outside to kill the scandal. He did not
| popSAe
| committee was called.
The cross examination here ended and the
witness was reexamined by Mr.. Evarts When
| the committee was called, there was no OBJECT
| in destroying the papers, tor that would only
| add to tie flame, and as a part OF them had
| been established, and it was matter OF anx-
| jety to find out whether they were still In ex-
| istence 1t was in November or December,
| 1872, labored to extinguish the scandal. he
| conyersed with Moulton and Tilton to the ef-
| feet that the publication of the papers would
| he ruipous to them ALL Moulton said he wonld
not consent to the destruction of the papers.
| 1t is net the truth thai he advised Mrs. Moul-
| ton to kick Tilton out OF the house. line Word
| 'kck" wasn't used.
| Beach objected to inquiring what was used.
Evarts said kicking was in moral sense.
| The word kicking has always been metaphor
| cal No one would advise d lady to kick gem
| tleman.
| Witness remembers the occasion on which he
| and others consulted as to the propriety of
| getting injuDctions to prevent these papers De-
| ing destroyed. This was after the publication
| of Tilton's sworn statement, and ABOUT the
| time Moulton refused papers to Beeoher or
| copies of them. He had conversation with
| Mrs Moulton on the 10th of August. He de-
sired to say again that he considers it confden-
| tial talk with lady in her own house.
Mr. Beach said he had no objections to CIV
ing it.
The Judge considered the wishes of the wit
| ness ought to be respected.
| Witness said he would prefer not stating the
conversation unless the lady was to be recalled.
| Mr.. Evarts reminded the court that the lady
was not represented by counsel. He would
| only ask about burning the papers. Witness
| said at that conversation there was talk
about the desirability of the papers having
been destroyed at prior period and there was
indifference of opinion between them on that
point. There was talk about suppressing the
| long statement. N)thing was then said about
the destruction of the papers then or in the fu-
| ture 1t was Augustus Storrs that he first
| learned from that it was short statement
| Moulton was to make and witness was gratified
| at il.
| Here Mr. Beach interposed with a question
| he had forgotten, whether Tracy had not in
| formed Richards that he was counsel Tor
| the committee" In reply to Mr. Evarts, witness
| said when when Richards came to answer be-
J fore the committee, he took Richards aside
! to inquire what his knowledge was, and Rich
| ards said he was going tie decline to answer and
| would tell the committee it was family aft air;
| tina. witness informed Richards that he would
| be asked whether his sister had confessed adul-
| terry to him. and that it would have an unfa-
vorabe effect on his sister If such question
was put and not answered, and he remarked
that he supposed Richards didn't want to injure
his sister Richards said certainly not, thanked
him for the suggestions and said that 1T never
| occurred to him before He went right before
! the committee and told them he came to inform
| them that he would answer no questions and
then he went away. Beecher didn't know
anything about witness visit to Butler at the
Fifth Avenue Hotel. Witness was counsel for
Woodruff & Robinson in one litigation when
Moulton was on the stand under cross-eXami-
nation. Witness did not make any suggestions
to Porter about any thing concerning that lti-
gatioD, nor has he at a1y time during the prog
ress of the case given any intimatiOn or sugges-
ton or examination in reference to that litiga-
ton. Here Mr.. Evarts unexpectedly said:
1--WE rest here, YOUR honor.
Beach here rose and said: Your Honor, much
has been said about Mrs. Tilton being an in
competent witness, and by the rules of evil
dence excluded from the stand. In regard to
the subject matter so deeply affecting her posi-
ton and interests we have deemed it due to
her, to ourselves and to the cause we represent,
| to announce to your Honor and the counsel for
the defence that We make no objection whatev-
er to her being produced as witness, that
whatever objections we might legally present
against her competency as witness in this
case, we waive entirely, and shall raise no OBJ
jectons if our friends on the other side choose
to produce her. may be permitted to say
perhaps in addition, Mrs. Titon is incompetent
as a witness very much in the same sense as
any other witness was disqualified before our
recent laws on the subject by in terest or rela-
tionship, and it is an objection which may be
waived Dy the parties to the litigation. Your
Honor will remember the phraseoogy of the
statue on this subject declaring that neither of
the parties, husband or wife, one or the other,
shall be competent OF compellaOle to testify in
certain cases, and in regard to certain transac.
lions. l suppose that from the language of the
statute and the known practice under the COM
mon law, it is a matter which rests entirely on
the discretion of the parties to the litigation,
except, possibly, so far as it may be esteemed
the policy of the law to exclude revelations of
confidential communications, and / suppose
that even in regard to these matters it is with
in the pleasure of parties husband or wife, to
object to the revelation of those matters which
are considered sacred to domestic relations.
Evarts-Ehe question whether she could be
witness has never been actually question.
The law prohibited it, and the policy of the
law prohibited it, The general sense of the
wisdom of that policy was brought out during
the progress of this case, when the state legis
lature were understood to be considering wheth-
err it was for the interests of society under prov
ocaton of the Importance of a particular case
that they would abregate the rule of law and
abandon the policy of society, and open dis
cords of husband and wife swearing against
one another in court, and the Legislature by
unanimous judgment, as we must understand,
aud concurrence of all the people of the state
say, our law wisely and firmly determines that
question.
Now, if Mrs. Tilton at any time could legally
have been produced AMI admitted as witness,
there would have been two practical questions