New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-05
MRS r1LToNs PLEA AND ITS ANSWER.


MRS. TILTONS PLEA AND ITS ANSWER.
good deal of curiosity was expressed about the
expected action of Judge Nelson the communlea-
tion of Mrs. TiltOn. There rumor in the court
room that he would make known his decision In re-
gard to that matter at some time during the day.
and another sensational episode anticipated by
many. Inquiry, however. elected the information
that Judge Nelson had returned the communication
70 Mrs. Tlton, together with reply to 1t written
under his direction by the Clerk of the Court Judge
Nelson said privately that he would do C1thing
more about Mrs. Tilton's request uCiess she should
send him some further communication.
Mrs. Tiltons letter, which she desired Judge Neil
con to read aloud in court on Monday, fol-
lows:
JUDGE NEIIsov: ask the privilege from You for
. few words in my own behalf. 1 feel very deeply
the Injustice of INV position in the law and before the
court now sitting and while have understood and
respected from the beginning M Evartss principle
in the matter, yet since your last session nave
been 80 sensible of the power of my enemies, that
my soul cries cut before yOu, and the gentle
of the jury, that they beware bow, by divided
verdict they o0nsign to my children ta!se and
irrevOcable stain upon their mother For hve
wears past / have been the victim OF clrcunl-
stances most cruel and unfortunate; struggling
from time TO time only for place TO live
hOnorably and tIuthfuly. Released for some months
from the toiH by whose power uneonsclously GRIM
before vOn without fear of man and by faith IN God,
that am innocent of the crimes charged against
me. j would like to tell my Whote sad story trtits-
hlly-tO acknowledge the frequent talsehoods wrung
from me by compulsOn - though at the same
time unwilling TO reveal the secrets OF my
married life which only the vital Importance OF my
position makes necessary. / assume the entire re-
sponsibility of this request unknown TO friend or
counsel of either side, and await your H0nors hon
orable decision. With great respect. w.
ELIZABETH K. TILToN.
The appended reply of Judge Nelson sent to Mrs.
Tilton together with her letter yesterday morning,
was written by the clerk of the court:
CHAMBERS oP THE CITY Court OF BROOKLYN " y
BROOKLYN, May 4, 1873. J
MRS. Tnrox: am directed by Chief-Justice Neil
to return your letter. as II cannot be read IN
court Also 10 state that in civil cases counsel have
the right to refrain from calling any particular wit
ness however competent, and that neither the Conrt
nor the client interfere with the exercise OF that
right
The Judge also instructs me 70 say that the ques-
tion whether you could be witness stands on quite
other ground from that considered when your nus
band was called and sworn. He was a competent
witness to testify in his own behalf against o third
person. defendant, and while the policy Of the Law
was to some extent involved, there was no express
statute in the way. But the statute Of May 10,
1867 expressly declares the wife to be incompetent
rs a witness for or against the husband. iours
GEo. W. KNAEBE1, Clerk City Court, &c.
Neither the counsel for the defendant, nor the
counsel for the plaintiff at all communicative
ON the subject Of Mrs Tltons request TO be heard.
Mr.. Beach said that he knew nothing about it, and
had not seen Judge Nelson's reply The matter was
entirely beyond the province of the counsel for the
plaintiff and they had not been consulted IN refer
ence TO it, Mr. Evarts repeated what he had said on
Monday 10 the effect that ii entirely matter
between Mrs. TiltOn and Judge Nelson, which did
not call for any action OF opinion on the part OF
counsel