The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-04-07


that you had had one other interview a
Tilton's house with Mrs. Tilton and tha
It was alone with her. DoyOu remembel
that2 A. lido.
@, Was It as you recall It in the latte
part Of the year 1917 A. That Ia my sup
position,
Q. How did that interview arisel A
| cant say from any knowledge only
have an impression that | was sent for tc
that interview.
Q. BY whom1 A. BY Mrs. Tilton.
q. BY Mrs. TiltOn-yOu went there and
found her? A. Yes; she was there alone
Q, What passed between you and her
on that visit?
Fullerton, for plaintiff, objected to this
interview being given in evidence. This
counsel commended, was year after the
charges were made, and said that evidence
such az this could 10 manufactured,
Evars argued at some length for the
admission Of this testimony, as II was
the only interview that occurred between
the parties after the interview in Decem.
her and after tho account Of the trouble
between the parties had been published,
Judge Nelson suggested that the de-
fendant could state what had occurred
without giving any Of the conversation.
Beach argued against this, taking the
ground that Tilton was absent from this
Interview, and therefore he thought II
was not admissible. He would ask, did
the Court hold that declaration Of Mrs.
TiltOn or Mr.. BeeCher ut an interview be.
tween the parties where the plaintiff
was not present should be given
M evidence? On what principle was
II that BeeCher after the evidence given
against him should be allowed to manu-
facture evidence against his adversary. II
was against the maxims Of law that
Mrs. TiltOn or BeeCher could give their
declarations and their manufactured evil
dence possibly for purposes Of opposing
the prosecuting testimony, The counsel
must object to this line Of evidence as
they did not know what II was, or what
was their defense. ltplaced them under
q species Of injustice which His Honor
must not permit. II was at the will Of the
defendant to deny the act charged, and the
counsel supposed that would cover the In
terview and the relations between them.
Judge Nelson said II was his opinion,
In view Of the Onenses with which the de-
fendant was charged, that he could relate
what occurred at this interview, but not
any conversations which took place, and
he 80 ruled,
The examination then proceeded as
fOllOwsH
Q. What occurred between you and
Mrs. TillOn on this interview "a separate
from any converiatiOn2 A. | went to the
parlOr; sat down; listened; marked a
page IN the Bible; got up, bowed and
went home.
Q. What passage in the Bible did you
mark2
Mr.. Beach, object to-
Judge NeilSon-lts an act; | think you
Gun make that
Mr.. Eyarts-What you mark2
A. ] marked the passage contained In
the fifteenth chaper Of the lat Corinthians,
from the 4tll to the 7tl verses.
Y. VIII you read the passage that you
marked2
Judge Neilson-Did he read it2
Mr.. Eyarts-Will lie read II now?
Mr.. Beecher-Lwil read; did not read
IT,
Mr.. Eynrts-I understand that; un-
tcrstand that you marked the passage and
handed II to her; now will you read the
quotation or shall |?
Mr.. lSeaCh-TliAt did not take place
there.
Judge Neilson-I assume that the
counsel has read ii before. Laughter.l
Mr.. Eynrts--Of course, but don't sup
pose we always remember II by verse or
chpater.
Mr.. Deacll--Well, sir; 1 don't suppose
we are entitled 10 have scenic effects
about It.
Mr. Evarts-Therc Is no scenic effect
about it. Ihave been permitted to prove
an act and The net was not marking the
Bible in general but marking a par
ticnlar passage and handing II to Mrs.
Tilton bOwing, and leaving without con.
versatiOn.
Mr.. BeaCh--Well he gives the whole
acts Of the parties within the bounds Of
your ruling, but Il does not make the
passage which he marked evidence In
this case to be used by the witness on the
stand.
Mr.. Evarts-Marking a passage and
yet we cant show what the passage was.
Well that Is the law Of evidence with n
vengeance.
Mr.. lIcach-Yes, II Is with vengeance,
and with truth, and with justice. A
communication was made by the witness
to Mrs. TiltOn at that visit, and / AJAX the
counsel II his intent Ia by the marking Of
them that the sentiment Of those verses
was communicated to Mrs. Tilton at that
time. 1t ia precisely the same as il II he
Ind repeated that from memory TO Mrs.
Tilton upon that occasion and his giving
II M n part Of conversation.
The following are the verses referred
to, but which were not read
". Charity suilerCth long and Is kind; charity
enviVh not charity valhted not Itself a not pulled
v. Doth not bclAve itself nnsccnily, sCeketh not,
her own IA not easily provoked; thlnketh no evil.
VI RClOiCeih not III Ihiquity, but fejOlceth In
truth
vii. Bearuth all things lelleylh all things
hopeiil ali Things, eninreIIl all thingS-FirH g.
rtiihidnI, Kill, W., VII.
Q. Have you marked In this book the
verSes2 A. Yes sir.
@. Isthis yOur own bOOk2 A. No sir.
II Il the swearing Bible.
Mr.. Evatts-tO The COurt--1 now hand
your honor the book which he has Just
marked
Mr.. Beach, object to its being read ns
proof.
Judge Neilson-You may read II here.
after, Il will do you no harm to read that
a. a part Of your argument.
Mr. Evafts-l shall do 40, but / also
claim the right to read II as evidence, but
II your honor excludes Il | will take an
exception.
Nj. Beach, object to its being read.
Mr.. Evarts-to witneSS-YUu have
given the chapter and verse. A. Yes sir.
@. And that closed that interview. A.
Yes sir, after tie ordinary courteSieS Of
u gcntlemahly farewell.
q. Now, sir, were youeyer In the house
since that time, that you remember? A.
| do not reCOlleCt any other visit.
q. Under what circumstances have you
met or been in the company Of Mrs. Til.
ton since this period Of December, 1870,