The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
MRS. CAREY RETIREs.

Beecher with Mrs. Tilton on his knee. O-Wndows
MRS. CAREY RErIREs.
At half-past three. after about forty minutes On
the stand, the witness Catharlne Carey was let 60
BY Mr.. Evarts, and she walked rapidly out OF
court escorted BY Mr.. Pearsai Nothing that she
related was Offset by tho defendant although Mr..
Shearman mad passed notes and memoranda NJ
TO Evarrs all the while. The only questions tend
Ing to destroy her veraciry which Evarts had put
referred TO her frequent change Of employer
being Q wet nurse-and her quarrel, II any. with
Mrs. Triton. Endeavoring to answer the lass
question to the prejudice OF Bessie Turner, Mr..
Evarts stopped ner.
The importance OF her testimony lay In this.
Prior evidence had all been OF document
airy ana inferential character. For the frst time
q witness had sworn of her own eyes ana
knowledge, to familiar If not immodest relations
between the defendant and the PLAINTIFFS wife.
The appearance OF the witness was neither pre-
possessing nor forbidding. and she had to DO
judged by her relations to the parties she informed
upon. These, she said, were those OF ordinary
domestic employment and the origin OF her APP
pearance in court was an accidental narration OF
hers to q hospital visitor.
1t was remarked In court that Mr.. Beecher, as
spiritual adviser, might readily have entered
sick womans bedroom to pray with her.
The jury listened to all this with intense in
terest. Pryor heard Mrs. Carey testify with
satisfied smile. Tilton listened without any
change OF expression, sallow and oldish. The GAL
leries had all the while been In great Joy and
curiosity.
In few seconds Titon was again In the witness
box, the subject OF a tedious augmentation when
lasted till adjournment
TILToN RESUMES THE CHAIR.
Mr.. Fuilerton-There Is, Mr.. TiltOn, something
in your answer before the committee which want
to ask you about; with reference to your wife you
said ''She maintained IN my presence TO ner
neither taat he had not done anyth ing wrong"
Mr.. Evarts arose and objected to the question 80
irrelevant and the Judge said. eve won't take
MI Fullerton SAID 1t was charged that the wit
ness had made use OF this expression before the
whether ne said that or not. If he had said any.
thing qualifying these statements tnen thas
Mr.. Beach charged that the other side had
brought out in their examination THAI CONVERSE.
Tor ana the CONF remarked sfsS snao dd no'
Mr.. Fullerton asked Il he might not De permitted
to ask the witness how Mrs. Tilton in the presence
wanted to show In whst manner she did It,
Mr.. Evarts said he had asked the witness
wheJher he made certain statements or NOT, and
II he said anything qualifying them that was an
other matter His learned friend had undertaken
to prove what occurred between Mrs. TiitOn
and her mother, which has nothing to do with
the question OF whether ne did answer the ques-
had not done wrong" The answer was plain,
and ihow sne maintained that position" was NOT
The Court said the question is. chow she main.
tanned her Innocence ?"
Mr.. Evarts remarked that the witness did not
state the terms OF these expressions to che com.
mittee, and the license to state them here did not
appear. What he had spoken OF before that com.
mIttee was alone competent for inquiry 1T this
stage OF the evidence.
Mr. Beach, replying, said they simply wanted to
this declaration, which the other side had orawn
from the witness, was TO prove that his vile had
that MIR. Tllton declared tnat MRS. Titon main
tanned her innocence. We hold taat was simply
an opinion OF the wltaess. formed from the con-
ness BY what form OF EXPRESSION Mrs: Tilton
maintained ner purlty we want the witness to
explain what he means by the word '.naintainedn
Is it not proper to do this Mr.. Tton says Mr.
Beecher was guilty Of improper intercourse with
MIR. Triton mas testified that his wife has always
main tanned her innocence. 1t was but just that
they should show how she maintained that posi-
ton.
MIR. Evarts contended wnen a party is offered
for witness he STANDS upon the rules OF evidence
which govern every witness. The subject matter
OF his (Mr. Evarts) inquiry was not what took
place between Mrs Tiiton and her mother, but tho
question was whether he made answer, and not
as to tue truth or iaisity OF the reply.
Tne book containing the question to which the
| at his request ana alter perusing IL the Judge
said :-"You extorted from the witness the adj
the question is, How did she MAINTAIN that
position to her motherY Will allow the witness
TO answer tue question:"
Mr. Eyarts-l then take An exception, Your
Honor.
Judge Neilson-Yes OF course.
Mr. Fuerton-ln what way did she MAINTAIN
her Innocence to her mother IN your presence
witness-She said she did not believe that God
would accuse her; she said she loved GOD, ana
that she did not believe thai God would nave let
her relations continue n they were OF q sinful
character; sne said neither ner mother nor myself
we're competent to ADVISE her, as 1t was not our
BUSINESS; Mr.. Beecher, who was her minister, and
mad made 1t his business to study what was
| rio and
assured her that 1t was not sinful; he had told
her that love was justified in all things;
that there were various expressions OF
lovely the shaking OF the hands, BY
the kissing OF the lips and by sexual intercourse;
II the love was right, the expressions were also
justIned and right, and were pleasing before God;
Mr.. Beecher's love for her and her love for him
was right, and so far the expressions were not
sinful; she rested her faith on Mr.. Beecber's au-
thority for that.
Mr.. Evarts--I will now ask the Court to strike
out that answer.
Tie Court-You can do 50 in the morning.
Tue Court was then adjourned, 1t being eleven
minutes past four O'CLOCK, until eleven O'CLOCK this
morning.