The Portland daily press., 1875-04-02

cence or guilt. That is not possible, but pro-
duce that interview under the general head of
the conduct of the defendant, and we are en-
titled to show the actual feeling between this
plaintiff and defendant, attitude and relations,
moral and actual, of the three parties and
which was in the mind OF the plaintiff as ex-
planning what he afterwards said, and what he
did. TheJury are not to exclude from their
Judgment what enters into the very marrow of
the conclusion which they are to draw, If a
man rushes into gentieman's parlor and tells
him a man is outside who has a sword red with
the blood of his son whom he has slain. and
the gentleman rushes out, sees q man with
bloody sword and Stays him, it NAV he all a
mistake, but what was passing 10 the gentle
mans mind should be their subject of inquiry.
This evidence will show situations and this is
busiest mode to Tilton of showing facts. The
relation of Beecher and Titon is matter of
enquiry and the relation of Tilton and Beecher
is matter of enquiry, and confess L am sur
prised at hearing objection from this plaintiff
and mis- counsel TO spreading on the record the
facts which at time were operating on the mind
of Beecher and in Tilton's mind, and exasper-
ating him more and especially, when this is
trial to ind out the truth, to find out whether
Mr. Beecher has committed great crime or
whether number of circumstances have been
put together for purposes of prosecution.
The counsel concluded by referring to the
court to authorities.
Mr. Beach, agree that if we could spread
l. u,
course of these parties from the commence
ment, the court and jury could better judge of
the truth of the accusation, but the same is
true of every case and every inquiry, and
we must get our conception of the case in the
subordination of rules of evidence. They offer
in evidence declarations of this gentleman and
his alleged mistress in hostility to the plaintiff
He (plaintff) was not present, yet they propose
TO give in evidence conferences and condolences
of this defendant and his alleged mistress, aud
six months after the wife made her confession
of adultery committed two years before and two
years after this defendant had confessed
his adultery. They offer in evidence coafer-
ences of the guilty parties in the absence of the
plaintiff. This case is not to be differently
treated from any other case. Your Honor has
been appealed to in the name of truth dijus'
tice and asked to have all the facts put in.
There has been no effort on our part to exclude
facts. There has been very persistent offence
in that respect on the part of the Defence Let
them prove visits to Mrs. Tilton Tor any other
fact, but what we object to is declarations of
these antagonistic parties in the absence Of the
plaintiff (Applause in the gallery. 90
The Judge said he left the defence free to
prove what occurred without giving conyersa,
tions. III
Beach, now withdraw objections. laugh
ter) A1G'
Mrs. TiIi0n Wants to Separate fr0m
Theodore.
WitnesS-The conversation was almost en-
tirely on the part of Mrs. Tilton and Mrs.
Morse as to the general unhappiness of the
family and his treatment of them until Mrs:
Tilton had made up her mind to leave him and
sent for me to ask as the propriety OF the step;
fsaid this was a case in which man could
not give the best advice and referred them TO
my wife. Mrs. Morse said, 81 will bless her II
she comes"
Mr. Beach-It is right to say | also with
draw my objection in regard to conversation
with Bessie Turner and now allow it to- be
given in evidence. .,.-.r. ..,..,;. IN. "a .
Witness-I called next day. My wife was
with me. Mr.. Tilton went up stairs withbmY
wife and they had an interyi Jew by themselves:
After half an hour Mrs. Tilt1n came down and
Mrs. Morse went up to see Mrs. Beecher The
only remark recollect making to Mrs. Triton
was GLOW is it that have known you so long
aud never heard complaint about domestic
difficulties" She replied, 'That she was hop
ing the difficulty would pass away" After
some conversation about household matters
with Mrs. T. Mrs. Beecher came down and we
went home. My wife and consulted next
day and we pretty substantially agreed. The
next day my wife went to Mrs. Hilton again,
while was at home entertaining company.
Beecher Advises a Separation.
As could not to speak to her 1 wrote this
and handed to her. Mote produced); as sub
stantially what thought about the subject. IL
was detained by company but could not go
with my wife if there had beel no company.
That note expresses the conclusion came TO
and the advice gave as to what was best to be
DONE The note was read Il am inclined to
think your views are right and that a separa.
ton and settlement for support would be best
The court then adjourned.