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

note on which the suit was subsequently
brought would not authorize the introduc,
non OF inferior or secondary evidence:
caunot De extended beyond the case when the
paper was lost or destroyed by tlme mistake or &C.
And the Court said that when under an honest
purpose or by misapprehenslon party delioer-
would not presume, rom the necessity and hard
ship OF the case, the have allowed the party
sonapie 10 allow h,m 10 take advantage Of MS own
wrong anu give MS testimony when the original
Judge Neiison--The deed must have been deliv.
cred.
MT. Evarts-Yes, and probably not recorded.
Mr. Beach--This case last read by the learned
counsel. l think. illustrates the proposition you
have intended to submit to Your Honor that all
those cases read BY counsel apply to examples
where the instrument In question was IN some
degree the foundation OF the action or direct and
M wscS 10 ser 70 oro dVs
contents OF was an incidental circumstances In the
course Of an interview between the parties TO this
actl0n. me counsel falsey assumes that IL was
the foundation oil rne interview. It must have
been the nsrigation OF that interview, but It was
communication which then passed between these
parties. Had not that paper been produced and
stated IRON recollection and BY parole. as he did
state 10 Beecher the contents OF that instrument,
moody would pretend that the paper itself must
Judge Neiison-you will proceed with your ex-
animation, emitting for the present the contents
EXAMINATION RESUMED.
:. BY Mr.. Fulerton-Wnat did you say to Mr..
him the paper ne lifted his nand as II he were
about TO speak, and ! SAID, mo- SIR, near me
what ~ the rule Of His Honor am not permitted
70 disclose here, that IL the story which Mrs. TIL.
ton mad told me In the middle OF the preceding
Mr.. Beach-No, sir, that Is not excluded.
Mr.. Evarrs-we object to It,
w a nm hat nou MI oyo n
Mr; Evarts-Your Honor VIII note our exception.
Judge Nellson-Go on WITH that conversation.
Mr.. Fuiierton-Glve as the conversation.
TILrON's STRAIN.
Tilton now dashed right In and gave long piece
OF testimony in low voice. seldom hesitating Tor
word but raising his eyes 10 the ceiling as II
memberng with effort. HIS wife listened In o
sort OF hall critical qutetness neither amtaDie nor
unamiaDie, but with dlsagreeing face. she made
no lr0wn nor SMILE showed no tears. IIc uid once
or twice seem anecred, and over all stern.
WHAT MRS. Triton CONFESSED.
A. ! told Mr. Beecher tnat 10 the early part OF
expectedly from the country and had SAID to me
that the object or her return was to communicate
her mind like burden winch she wished TO throw
ON; that she had on several previous OCCASIONS
msns 10 me, ana once Ia psrsicaiar while On
SICK bed, but she mad never until then been
Drcugns quite to the point :. courage 70 MAKE
pledge tnat would do no harm 70 the person
thermore, that / would not communicate
TO taat person the TACT that sue mad
Cause, as sne said, shs wished 70 inform
him Of that revelation herself; that have given
nsns her
would inture the person concerning whom the
secret was TO be told; that she then SAID to me
Henry Ward Beecner, her pastor; thar, as was
well aware, tnere mad been during long course
of years friendship between herself and ner pas
tor; that this friendship, contrary to my expecta-
tlOn or belief, had been IN later ears moro tnan
M nad ssa ss na nad Dsn
course; tnat this sexual tnIlnacy had begun
shortly alter the death OF our son Paul; that she
had been In q tender frame Of mind consequent
upon that bereavement; that sue had received
consolation curing tnat shadow on our house
house while sne was sl,ll suffering nom that sor-
row, ana that tnerc, on the 10tn or OCTOBER 1855,
@ sd 70 uc an sc on
following saturday evening at her own residence,
174 Livingston street: that she had, consequent
various times, &c mis- residence, ct hers ana as
other places. sucn acts " sexual intercourse con-
that IN July, 1870, sue had MADE TO me coniession
In detail OF these acrs; that she had given TO me
pastor nad communicated 10 her winch MAD led ner
to cnange what was her original scruple against
Mr. Evarts-Do understand this TO be said to
Mr.. Tiiton-Precisely 80; that she had, in
sns s. ssr sssss a%ors 0i Z:
Beecher's moral integrity; That she wished TO
per1cr TO the SHY batteries with wnicu many ladies'
Of his congregation had courted his society: thar
she wished to uemonstrate the honor aud integrity
thougn,s until dnally she rad been persuaded
BY 1l@ snas as sneir love was proper and not
preston OF that love. whether by the
snake OF the hand or kiss OF the lips, or even
w.s since al an
bouiiy inter course was not wrong; that she mad
said 70 me That Mr.. Beecner had prolessed to her
other woman in DIS lie that sne and both Knew
that for years mis- home mad nos Oecn happy one,
him, ana thar ne wisne1 " ma in ner, Ehzapeth,
the consolation and repose TO his mind and the
he ess m an
that ne mad maay times solicited 6ef, 50 tina that
70 Ss nd Of nm and that, liter the nsi
surrender the period Of her sorrow-1soS-
had reused that the NUMBER OF times she had
yielded her body TO him mad not been numerous;
na ms na ana
confession to MN and that the sense Of deceit
fulness was almost painful; That she had gone
saying 1! she loved me she must confde In me- as
could never again hold her In esteem; she said
had come down ron the country to make . con-
fesslon, and that sne had made It with great mod
esty and womany ieellng; said that IL wns con-
fsssed tnat 1t was wrong. and that the wrong was
tue deceit sne had practised In Keeping II from her
husband IN making tnis recital OF what said to
Mr.: Beecher beg again to remind the Court that
do not undertake to repeat the exact language
used 1t was long story; told It from little
memorandum had OF oates times and names on
the back OF an envelope from which Mrs.. Tilton's
statement had been taken that evening; had
taken out that statement and handed It to Mr..
h0ulron, and said to MIN that evening"
Mr.. EvarCs-Never mind what be said.
Mr. Iit0n-l had put this memorandum on this
envelope, and during the evening mad pulled 1t
out and destroyed 1t, aud thus lost what memo
randum had OF what / said to Mr. Beecner and
also to Mr. Moulton; further told MIR. Beecher
that she hau become q brOEen-hearted woman !;
that late In the summer sne mad gone to the Far
West anu that she hau returned from the West
few weeks previous 10 this interview, aud shortly
alter her return and almost the
PIR5r CONSPICUOUS INCIDENT
which hud aiterward happened to her husband
after ner return was my interview with Mr.. Bowen