The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-01-29
Afternoon Dispatches
INSTRUMENTATION.


to-day. The counsel and principals were
on hand early.
Judge Nelson, upon the opening Of the
Court, gavo his decision on the point
raised yesterday by Mr.. Evarts Us 10 Mr..
Woodruff giving relation OF what 0C-
Cured At the interview between General
Tracy, Monlton and himself when Beech
or waA not present. Judge Nelson said
he had examined tho authorities on the
subject, md ruled that tito witness might
relate all that occurred at the interview.
The attention OF the Court was called to
Il pamphlet issued from the Tribune Office
entitled, "part LIST Of tho official report Of
the TiltOn- Bcecher trial"
Judge Fullerton stated TINT instead Of
having evidence only on the trial there
we're comments relating To MOnltOn and
counsel. H.'.
Mr.. Beach paid an eloquent tribute to
MoullOn as 4 witness, md Mr., Evnrts In
turn said they we're not actors on the
stage. l7t
Judge Nelson said he would confer
with the publishers about this matter.
Franklin II. Woodruff then depoSed
NLoulton proceeded to tell Tracy about
the ease, and said tie points Of The cnse
published by Mrs. Woodruff wcro true.
MouIton said lie had been trying to keep
the ease covered mp. Tracy said he did
not recommend lying, but III this case he
thought II perfectly lustitiable. lie also
recommended that either MOultOn Of Til
ton be sent To Europe.
Cross cxAninatiOn--l introduced MOul-
ton TO you OH that occasion; | think you
asked Aloullon II the scandal rested OH
anything but tho letter Of contrition and
the other papers, and lie said there also
remained the statement made by Mrs.
Tilton to her hIsbandi ] do not rccollect
being present OIL any other OCCASION IN the
study than at this interview; ! have
heard the true story read; this Interview,
| think Il began about 4 or D o'clock in
the afternoon and ended about 10 all
night, think We had supper which last
ed about allAll0ur, and the balance Of the
time was spent in discussing tho Wood
hull scandal The pistol aCene came up
for discussion and MoultOn HAid II was
incorrectly reported then; think You
said 10 MOultOn thai this part Of the story
which related 10 him could be- refuted,
and I think you read the story paragraph
by paragraph. | do not remember that
MoIlton atthat interview designed telling
this story TO Mrs. Woodruff, nor did Id
admit having told II. II
Counsel read u portion Of the Woodruff
article and asked witness II MOnlt0r DEF
MED telling him 10 Mrs. Woodruff at
that interview. Witness replied that he
Ind no remembrance Of the parts Of the
scandal read, ia he took no interest IN
them when they were discussed at that
interview. | do not think you advised
A[oulton to deny the WoOdhlll card In so
far M II related to him. ! was In the
habit Of going to MOultOnS IN 1871; met
Tiiton there. lie was Out Of Unemployment
and wished to start paper, and said TINT
$4,000 or $4,000 would " enough to
start With lie announced tlInt he was
going To start II, aud | advanced him
$1,000. There was about $4,000 sub
scfibed. | paid III $1,000 and got his
note for that amount. saw Mr.. South
wick and told him about il. have
never paid the $4,000, but was Released
from Il. 49,. -.,H. ..tf....
This concluded The lestinluny Of Wood.
ruff, and ex-Judge Fullerton called ,TlIeo.
dore T'iltOn, who took the chair
Mr.. Evarts objected to TiltOn being
sworn, and male n long argument.
The counsel maintained chiefly that all
authorities were against the right Of hus-
band or wife testifying for or against each
other, rs their rights and privileges were
eoual and innovation destroyed and tlCiil.
ed the privacy and sanctily Of The marriage
relation. Mr.. Eyarts read from several
eminent juristsin support Of his position.
lie claimed generally that II such a rule
were Adopted, perjury and violation Of
the nearest and dearest relations Of conf.
denCe would follow. The law, said Mr.,
Eyarts, throws around this great civil
system Of domestic ihyiolabllity, the pure
fobed figure Of silence and secrecy. II
does nothing by halves, IL Is complete,
thorough, perfect and states facts, 10 that
all can understand.
Gen, Pryor argued on behalf Of the de-
| Tense, and Aaid he wunld adhere strictly
TO the point In the dispute. The question
was this Wasn plainllI'ih an action a
competent witness In his own behalf. The
common law excluded all parties In asdil
In which they were interested. We had
now allaincdtU that humane and enlight-
cutd degrees that criminal indicted was
allowed to testify in his own behalf. In
1857 the barrier was removed by the
Legislature Of New York from a party
interested in a cause tcstifying in his own
behalf, and, by a subsequent alteration Of
the phfaseology, he was C6mpellable to
testify. This was the law which governed
this case and would allow him to tell the
story Of his own sad wrongs. II may he
argued by the other side that Mts. Tilton
was party TO the action. Tho counsel
admitted that she had an interest Of feel.
ing and tcpnlc, but II was not sufficient
to constitute her party TO the cause, "a
the act Of 1867 excluded the wife. As a
party to the act, Mr.. Tilton was not in a
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