New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-09
TIE TWO IMPORTANT WITNESSES EX-
CI.UDED BY THE LAW.


whom the Law excludes as witnesses, aud yet who
from their relations o. hi. party plaintiff wife AMI
this party defendant wife. woud doubt Ia matters
Of detail in matters OF substance, perhaps be possessed
of knowed that would disclose truth but the law in-
exorlby has excluded them both. Mr. Becnher
must lose all the confirmation of his wies intimate
and private knowledge, the practical AMI careful
prescrvcr ~ nh dates AMI facts aul knowledge, i'm mem
ory OF all difficulties attendant upon her husband, to
which she coald he witness; and Mrs. Ton, equally
excluded in the law il under greater disability, If
the absolute exclusion hal been os"rridlcn by
statute, A. in respect OF the husband IL Is
supposed to have been donc-that ia. the exclusion
of all matters that passed by conf lencc between hus
band and WIFE And yc1 my learned freni is, entirely
aware of boh Of these rules OF Law, first the absolute
exclusion o the wife, Mrs Tlton AMI second her eXclu-
sion from tc.tiyins 10 what passed privately De-
tween herself AMI her husband in any OF the
long intercourse OF Oh r lfe have chosen To put Them
selves upon forensic demonstration after our case WAS
closed that if wished to call Mrs. TiltDn to MAKE
orr case stronger against tem, they woud not object
Well gentlemen, had very early discussion 81 this
subject before Mr. Titon called and OF the absolute
exclusion os Mn. Ton, AMI her necessary exclusion;
AMI nv learned friends put thenselve upon the law.
and insisted upon it being the law but that II d not
follow that Mr. Tlton might not h. witness and they
carried their point. Now, why dd not they
then say something, at that stage OF 'hc
cause about their willingness that Mrs Tlton should
he "a witness! Why. gonten n, they did not want Mfs
Tlton witness. bat they wanted to saw aftcr our
cause as cloe Ter a re OF law that mlta 1t impos-
sb,e for IL to p.Uluce he. they wJnle ta,n tos sly thIt
they would not inierpJsc objection. VIII, gentcm,1
they thought tiat Mrs Tiltou's evidence would be
agreeable 10 then, tn, way for u lawyer 10
do, an honest, straightforward thing in uiat
behalf WAS to clll her themselves. anl put upon
rs, not exhbit,ry responsibility, but an actual re-
spon Utility of saying that 0hjcctei anl she wa the
wifi AMI he
you viii believe him, has been the source, and gu he
evidence, has frequently been made the means oil
making to he sure, not a charge Of adultery, but
charge OF improper solicitations; ana the great
proposition which public policy Insists upon ana
ON which it excludes witness in th1t coniuSil
relation Irrespective OF consent OF any n to w.t. that
q wife shall not I've called against her husband, does not
apply when the wife Is died for the husband. for then
Law looks upon 10 only ~ grouni Oh oJeetoh tdt
interest concur AMI interest il objection that may be
waived without sacrificing the policy Of the law Bn'
gentlemen, pass that by You understand what
the law il, and you heard the form OF the prop
osliion. But part, why. We have an
absolute and repeated exhibition by this plaintiff OF this
fe's denial " being truth la his charge ev
denee binding him, prjdiccd by him. and In the sol
e,est forms, OF which have just read to you given
by her. and nlorsed by him true and through null
ttnde OF FORMS FIRST in the retract.on second III the
letter to DIR. Sioyrs next in the solemn and truthful
declaration that the Woodruff libel preposcrous and
a wicked SANDER; next IN the letter NJ denial.
known the Griffith Gaunt let ter and might besow
ober, alton the 4th Of July letter. nvc days
aftcrwars which really postscript Ia the Griffith
CANT letter, and which contains the phrase 3" nope
referring back 10 their experience" hope you may not
l.c msied by q good woman. as been by good
man." having in the Griffith Gaunt letter five days be-
fore shown exactly the extent to which she had
been mislesi. ami which not OF mmrify of person.
bat OF divided unity Of affections, as Ia the plot and the
character Of the Griffith Gant novel. Tltons testi-
mony that denied having violated her marriage vows
her denial Bessie Turner testified TO by Bessie
Turner when she said to the horrible accusa-
tious about Mrs. r,Itons adultery, which ia
of frenzy Mr. Titon made. accusing her 81 nav
ing, under his own eyes, repeatedly contaminated
the act and with three four. think different persons
How you tell this girl such base lies her solemn
denial Mrs Osngton produced in the faithful testi-
nony Of that lady her denial before the Committee;
Mrs Brad-haw's statement IN her letter. which they
iu,rolnced which says in the end OF 1873, Mrs TltOn
never confessed any fault To her; and, TOO, Mrs DAVIS
and sisntoas dens published nv this plaintiff and
re To you yesterday in which they had not condolences
With Mrs. Tiiton-l these things, coupled with the
fact that the wifc's testimony, given on the 9th OF
July before this C,mmittec, hal delied the whole
aud that the husband received her to his bosom and
hibiid with her after that, and sle happy
queen until The aud violent conduct VI Mr. TltOn
about to the Oyingons At their house made the wife
AMI feel that tIer was no trusting this trcaehery
any longer, and that kiss mcant nothing with
him when stab Ia he the suggestion VI s chang
ing passions, the interest Of the moment And then
left and she stayed away Vow, az you viii see, be-
You'd this there nothing that the wifcs testimony
could have dscosed Of sercst to you or to me, ex
cep a field of condolences between husband and wife,
which the law would have smut out, and which no man
respecting the Law ever would seek tO uontrayene. so
much for that
Mr. BEECHER'S BEARING UNDER FIRE.