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

and ages ne successfully gave in her hearing,
every child bundle or memories and In their
very names "reminiscences Of happier hours and
mutual sacrifices.
stern as himself the revelator, the husbands
wife also preferred TO be present while he made
public her alleged dlsnonor upon oath. and she
watched hun detail the story or their nrst
acquaintance, marriage ana misery. eye to
eye, and without response. For the nrst time
the effectiveness OF her presence was seen
In this encounter. In replying not shrinking.
saddened. but without being crushed. the wife
heard the words which or themselves denied the
air. Mrs. Tilton calmly looked and listened, and
all felt as II at family scene, where the sngered
heads OF the family suddenly break out with re-
proaches and taunts.
There was nothing OF this rage, however, In tho
ac'ors TO the hvIng drama yesterday. The day
for anger had been swallowed up In the accepted
responsibility OF public trial.
Mr.. Tflton was dressed In his usual tasteful
style-a good, long overcoat OF black, lowered
necktie gold studs hinge ring. carefully brushed
hair. II he had beard on any part Of his face 1t
would relieve him of some OF mis- air OF enemiuacy.
The style OF his testimony was lucid, compact,
often almost didactc. For long series OF SEN
fences he spoke without the interruption OF ques-
tions-s slow, sweet-votced, subdued tale or al
most selfcOmmunion, without gesture or innec-
tion. person confessng &C the cell OF monk
some long aud gloomy crime might have used
such Q manner and been so explicit. The most
dramatic thing he said was:-
Il cnarge you that you visit upon her no re-
prevail Tor confessing to her husband, for II you
smite her with q word said win smite You In q
tenfold degree. have hitherto spared your
life ~
Mr. Beecher, mis- hand upon mis- wife's lap or
shoulder much or the time heard this rae with
lace INTENT but not very alert. He sometimes
looked al the witness, and ct other times looked
away FROM MIN. He said aloud a. the
recess that 1t was 20 shiny slippery series Of
lies."
After the powerful sermon he preached on Sun
day he looked unusually well. Regular avocation,
an occupied mind sensi0ilitics cicatrzed by long
endurance, and q versatile, elastic temperament
give him wonderful powers for such conflict.
Nj. Tllton's relation OF bis worldly accumula-
lions Jour years ago seemed . surprise to many
people. He had been worth, IL appeared, about
$4,000 In 1870.
CHANGING AUDIENCE
The audience changes each DAY to the extent
OF about one-half The reporters are there always,
ana the lawyers and the principals in the case.
Then there are two or three dozen monomantacs,
who have Beecher and TIlton on the brain; VINO
sleep on the scandal. dream OF It, divide interest
IN 1t with their bread and butter every morning,
talk Beecher and Tilton on the cars and on the
ferryboats, and everywhere, In ana out or place.
Next to the reporters and lawyers they know
most Of the literature OF the trial and the points
OF the evidence. They have each separate theory
OF the case. One insists that Beechers letters
based on Q singular psychological phenomenon;
another attributes the supposed facts In the case
to an hallucination: q third thinks the theory OF
the plaintiff natural enough in q latitudnarIan
age like this, IN which the precise limits OF the
marriage relation indefinite and free love phil
osophy has crept into the Church ITSELF Some of
these olq fosies are quite learned in Aristotle,
OVID and the host Of modern limitations who treat
OF love. matrimony and obstetrics. They prefer
swinburne TO Tennyson. swift to Arbuthnot and
Rabelais TO Montaigne. Yesterday was one OF the
days they relish most Tliton's story, with its
nauseous minu' eness OF detail, was exactly in
their line. All Of them are not old. few are
young men OF leisurs. who take In the Bsseher
trial with the one expectation-of gratifying de-
PRAYED taste.
At LUNCH TIM
twoshirds Of the audience retire across the street
from the Court House. ON the sunny row opposite
the City Ran are many drinking saloons ana eat
ing houses Some are inferior, and only one Is
ASS9BAAo<a
men, lawyers and court onncals may be found,
between one and two O'Clock, very hungry and
very talkasive. John swinton 10 . regular ire.
quenter. He breaks into the secret Of several
dozen oysters daily, ana enlivens tue repast by
original observations to those Ia his nsighborhood
concerning the trial. PAST, present and prospec-
tive. The principal lawyers avoid the notable
restaurants and take their midday meal with a.
little vulgar publicity a. possible the trial has
contributed to save some seedy-looking oyster
concerns from inevitable bankruptcy. "lss an
III WIND" etc. Everybody feels hungry in the re-
cess. rhe humble peanut vendors In the Court
corridofs are getting rich, for even they are not
forgotten in the general rush for stomschs' COM
torts.
the people who remain in the Court House and
susrain themselves on supplies brought from
homo or from some bakers shop are enthusiasts
on one side or the other. They are eager listeners
and come in at the opening Of Court with rush
Tor the good seats. They tax much ct lunch and
give the room the look OF having given shelter
from the rain to picnic party.
THE EVIDENCE.
ana, alter the jury had responded 70 the cai,
Judge Nelson delivered the following dsctsion IN
regard 70 the oblect.on raised by the counsel lor
a. witness:-
rrst-That the plaintiff may b sworn and tes-
THY In his own behalf.
Sec0nd-ln regard 10 the questions In ISSUE he
10 not competent to testify touching any c0nnden-
ttal communications. IL 10 considered that this
qualified direction respects the present state OF
our laws OF evidence as they nave received legfs-
lative and judicial expression, and also respects
what may remain Of tine rule which i'm posed ST.
lence or restraint, by reason OF tine marital rela.
ton ana on grounds or puDlic interest and policy.
The Judge spoke this with nrm, distinct, well
heard voice. and instantly there was buzz
ana sensation from the galleries, the Bar and
from The crowded aisles aud recesssa Mr.. rlton
turned little pale. Mr.. Beechsr looked up, par
ticle flushed. Mr.. EvarIs was on his ieer in . few
minutes, and mace the pest ne could OF the ruling
he had opposed.
VIEWS or COUNSEL.
Mr. Evarts-Your Honor VIII please note our
exception to Mr.. Tnton being sworn in the case.
Mr.. Beacn-We ought 10 say tnat we understand
the second point OF the ruling 10 relate 70 the gen.
eral principe which we have not disputed-that
the husband or vile ~ witness ID incompetent TO