Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-04-02
the anti-slavery board was in completely with slav

were to be continued benefciants as before. Abou
this time often heard of growing rivalry on the
part of Tilton but never observed it.
| Tilton never was much at my house, and there
can't fix the time. Early in the war he performed
an act Of kindness that stood out above all others
1t was in reference to my son. did and do feel
it and have so expressed myself to him.
The court took recess at 2. NJ.
cheered Mrs. I. and prayed with her; next day
| called and sent up my card, but did not see her
she sent down little note TO the effect that she
hoped all would be well in the future l returned
to the city in October, after having the hay fever,
and the impression Of sickness remained until
Nov. came; in the following month of that year
saw Mrs. Tilton; the first intimation had that
Mrs. Tilton desired separation from her hus-
band was from what Bessie Turner told me; in
consequence of what Bessie Turner told me went
to Mrs Morses and saw Mrs Tilton.
Q. What occurred on that occasion.
Mr.. Beach-We object.
Mr.. Evarts-Intercourse between the defendant
and Mrs. Iiton is q matter of inquiry in this
case and any third person that heard their con-
versation might testify to it
Judge-Iou have rioht to prove that the wit
ness was called there ant saw Mrs. Tilton, ON the
subject of separation, OF whatever it was but my
difficulty is as to conversations. Give what was
done.
Mr.. Evars-Thc conversation was substantial
ly the action between these parties.
Mr.. Beach-Therelis no rule authorizing the
deft. to give evidence of his conversation or inter-
course with Mrs. Tilton, in the absence of Tilton,
though snch evidence would be admissible on our
part. l have yet to see authority that person
accused of adultery can give conversation with
the victim of his adultery and give Der declara-
tons in vindication Of himself.
Mr.. Evarts-lf all intercourse between delft
and Mrs. TIlton could be put in the evidence from
beginning to end we could have the most perfect
means Of determining his innocence or guilt.
hot il, not INT fhof init
view under the general head Of the conduct of the
deft., and we are entitled to show that justice
cannot be done to the actual feeling between the
ptf. and deft. and the relations, moral and actual
of the three parties, and which was in the mind
of the ptf as explaining what he afterwards said
and what he did. The jury are not to exclude
from their Judgment what enters into the very
marrow Of the conclusion they are to draw. If
man PUSHES into gentleman's parlor and tells
him a man is outside who has q sword red with
the blood of his son, whom he has slain, and the
gentleman rushes out, sees man with q bloody
sword and Stays him, it may be all mistake, but
what was passing in the gentleman's mind would
be their subject Of inquiry. This evidence will
show situations, and this is the justest mode to
Tilton of showing facts.
The relation of Beecher and Tilton is matter
of enquiry, and the relation of Tilton and Beech
er are matters of enquiry and confess l am sur
priscd at hearing objections from the plaintiff and
his counsel to spreading on the records the facts
WulCu al lue tituc were operating on the nina OF
Beecher and in Tiltons mind, and exasperating
him more especially, when this is q trial to find
out the truth--to find out whether Mr.. Beecher
has committed great crime or whether a num-
Der of circumstances have been put together for
the purpose Of prosecution.
The counsel concluded by referring the court
to authorities.
Mr.. Beech.-I agree that if we could spread be-
fore the court, if by pictorial art, all intercourse
of these parties from the commencement to its
inquous consummation the court and jury could
better judge of the truth OF the accusation, but
the same is true of every case and every enquiry,
and we must get oar 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 plain
tiff. He (plf.) was not present, yet they propose
to give in evidence conferences and condolences
of this defendent and his alleged mistress, and six
months after the wife made her confession of
adultery committed two years before and two yrs.
after this deft had confessed his adultery they Of
fer in evidence conferences of the guilty parties
in the absence of the plf This case is not to be
differently treated from any other case. Your
honor has been appealed to in the name of truth
and justice, and asked to have all the facts put in
Th3re has been no effort on our part to exclude
that respect on the part Of the defence. Let
them prove visits to Mrs. Titon, or and other
fact, but what object to is declarations of these
antagonistc parties made in the absence of the
plf. applause in the gallery
Mr. Beach, now withdraw the objection
Laughter.)
Witness-The conversation was almost entirely
on the part of Mrs. Tilton and Mrs. Morse, as to
the general unhappiness Of the family and his
treatment of them until Mrs. Titon hau made up
her mind to leave him and sent fol- me to ask as
the propriety of the steps. said this was q
case in which a man could not give the best ad-
vice and referred them to my wife. Mrs. Morse
said: 81 will bless her if she comes"
Mr.. Beach-It is right to says that also with
draw my objection against the conversation with
Bessie Turner, and now allow it to be given as
evidence.
Witness-I called next day; my wife was with
me; Mrs. Tilton and my wife went up stairs and
they had an interview by themselves.
After half an hour Mrs. Tilton came down and
Mrs. Morse went up to see Mrs. Beecher; the
only remark recollect making to Mrs I.
"liow is it that have known you so long and not
heard complaint about domestic difficulties" She
said "She was hoping the difficulties would pass
away. After some conversation about household
affairs my wife came down and we went home
my wife and | consulted aud pretty substantially
agreed next day my wife went down to Mrs. I. s
again; l was entertaining company and conld not
speak to her before she went; wrote this and sent
1t to her, mote prOduced) as substantially what
thought; was detained BY company, but should
not have gone with my wife had there been no
company; the note expresses the conclusion l
came to and the advice gave to what was best
to be done.
The note was read:
81 am inclined to think your views are right and
that separation and settlement for support would
be best"
Adjourned.
The Ice Moving.
Port Jervis, April |. The ice gorges IN Lacka-
waxen passed out early this morning without doing
any damage.
A Mass NJ citing.
A grand mass meeting of commercial organ