New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-03
ASSERTED LOOPHOLEs IN THE PLAIN
TIFFvS TESTIMONY.

TIFE'S TESTIMONY.
Many minutes are often lost to the proceedings by
the hardness of counsel side or the other, or
from some other cause Yesterday 10 minutes were
lost at the beginning Of the morning session, and
nearly 20 minutes at the opening of the afternoon
The audience was still smaller than on Tuesday, and
at tlmes the rows of seats in the gallery were almost
empty Those who were present. however en-
loved some of the most stirring, well as amusing
passages that have occurred thus far in the course
Of the summlngup.
The opening of the windows of the courtroom to
secure proper ventilation entails some dsagreeable
results The sound Of the City Hall bell at II
o'clock usually interrupts the proceedings for several
minutes and the noises in the street distinctly
heard. Yesterday a laughable incident occurred on
this account During the afternoon an organ
grinder placed himself under the windows of the
courthouse and began to play loud and melancholy
tunes Judge Nelson felt so much annoyed that he
called an officer and, givinghim money told him to
step down and pay that musician to 60 away Inc
audience began to smile at this but Mr. Evarts made
them laugh by adding Perhaps if your Honor
were 10 invite him into the courtroom 1t might
amuse him as much as be amuses u.s."
Mr. Evarts argued atcOnsiderable length yesterday
upon the inconsistency which, he asserted, exists
between the plaintiff s statements and theories and
the acknowledged principles and motives which
thus based on ASSERTED characteristics of human
nature he infused a fire into his words that fully
aroused the attention Of the auditors while witty
passages abounded TO make them laugh. The first
subject taken up by the orator was the first interview
between Mr. Tlton and NJ Beecher after the alleged
discovery Of adultery between Mrs. TiltOn and Mi.
Beecher. Considerations that had governed Dir.
Tlton in what the lawyer asserted to be the fabri-
cation Of his story, were pointed OUT Mr. Moultons
account of his walk with Mr.. Beecher TO Mr. IltOns
house. on the occasion of the interview under con-
sideratiOn was Analysed. "Out of the fullness Of
the heart" exclaimed the orator, "the mouth
"speaketh, even when the heart is small ana the
mouth large, as in MOultons case"
Perhaps the most interesting portion of the adj
dress yesterday was that in reference TO Mr. Ttons
account of the interview with Mr.. Beecher and OF
the alleged oral confession of Mrs TltOn to her hus-
band The orator asserted that it was improbable,
and not according to common sense, that Mr. IiltOn
should have talked in TIE manner in which he said
he did to Mr.. Beecher suppOsing the latter TO nave
been the paramour Of Mrs. TiltOn. Look" he
said referring to Mr.. TltOns statement OF the be-
ginning of the interview at the cool way in which
this rhetorcian opens the deepest passions and re-
sentiments of the human heart
The ANALYSIS of the alleged oral confession of Mrs
Tlton 10 her husband was made with such sarcastic
auQ WHY ktfllltNS "a. ~ cAOlUN tvi4bAii'A
laughter from the counsel and audience. The jury
men also smiled approximately. Mr. Beecherlaughed
and even Mr. Tilton once or twice joined in the mer-
riment. One of the humorous comments on the
alleged words used by Mrs TiltOn, which attracted
much attention, was in reference TO the statement
that she had told her husband the dates
and places of the commission OF the asserted
acts of adultery. The last act had occurred
nj her own residence. She is talking" said the
orator with smile, to her husband, and for tear
there should be doubt, as they had removed from
time to time from one house 10 another, she ADDS
AT her own residence, ia LvingstOn-st" Tins
particularly, in some of the asserted statements OF
Mrs Tilton served as the basis of an argument
against the probability Of the whole story. because
Mrs Tilton was represented to have declared that
acts of adultery had occurred at other places which
she appeared not to have disclosed.
The persuasons which were alleged to have been
used bv Mr. Beecher in overcoming the virtuous
scruples of Mrs. TiltOn afforded another subject for
the wit and argumentative skill OF the advocate
"Ah1 said he, he must have preached with
power 10 conscience and intelligence that he has not
exhibited in public if he could reduce a woman's
nature to scruples. and then puff them away with
breath"
Mr. Evarts insisted on the inconsistency between
Mrs. Tilton's pure-nindedness which even her hus-
band Landed, and the supposition of her guilt and
he pointed ont instance after instance of alleged I'M
probability and want Of harmony in regard to cir
cumstances times and chains of reasoning IN the
statements of Nh Titsn- Finally he took up Mr.
Beecher's account Of the interview at Mr. Moultons
house 10 which the cited evidence of Mr.. IlltOn re-
ferred The two accounts were laid together
and compared, and their contradictions
were clearly brought out. Mr.. Beecher stated
that Mr.. TiltOn said TO him that
the writng of the letter demanding that he Mr.
Beecher) should leave Brooklyn was a grand thing
10 do bat il would have been grander not TO have
done it, Now exclaimed the orator, with biting
sarcasm. that caused the plaintiff TO color to the
roots of his hair, while the audience laughed.
What happy condition man Is in when what
ever he does is grand and if he had MT done it, 1t
would have been grander"
The interest exhibited by the jurymen IN the ar
Rument is undiminished. When pause occurs
several Of them sometimes consult together with
mods of assent appearing to be in perfect accord ON
the subject which they are discussing Their health
appears TO be excellent and they preserve the
greatest good nature notwithstanding their tedious
confinement. They meet one another every mora
ing with smiles and handshakings, and when the
proceedings become somewhat dull they seldom
relax their attention exhibit WEAKNESS.