The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-30
THE LONG TRIAL.
Twentieth Day Of the Great
Scandal Case.
THE ARGUMENT CONTINUED.
Meesre. Pryor and Beach Re-
ply to Evarts.
SHALL TILTON TESTIFY q?
Interesting Law Points Raised on
Both Sides.
JUDGE NELSON TO DECIDE ON MONDAY.
A Proposition to Lengthen the
Court Hours.
Meesre. Pryor and Beach Re.
ply to Evarte.
TILTON TESTIFY?
Law Points Raised on
Both Sides.
JUDGE NELSON TO DECIDE ON MONDAY.
A Proposition to Lengthen the
Court Hours.

Yesterday was day OF argument. Mr.. Evarts
had delivered himself on Thursday from we'll
filled mind as to presidents on the right OF q hus-
band to testify even Incidentally in case involv-
ing his wiie's dishonOr.
The Brooklyn public had been partly aware OF
Mr.. Beecher's desire, through his counsel to keep
TIlton or the stand There was opinion in
favor OF Triton testiiying or going to the wall. A
great many people thought he ought to speak,
because the issue was between himself and one
other person. Even Mr.. Beechers partisans won
deTed VIVA. reason or policy existed In favor OF
Theodores enforced silence
Yesterday the entire fight was over Tilton's
right to testify as precedents stood. Undoubt.
eddy these presidents, put in their succession,
operated against the plaintiff But the course OF
law, lis liberalization, its progress, its tendency
to separate the wite's Individuality from the
husband and the husbands individuality from the
wife, bore toward the desire OF the plaintiffs
counsel to introduce the complainant.
We need not disturb ourselves about the rele-
vancy OF this testimony to the issue. Every body
knows that the contest In court ia Tlton against
Beecher for damages. without Titon q great part
OF the plaintiffs case Is document and hearsay.
Tilton in the witness stand Is a personality.
efigy. o human representation of his alleged
wrongs, appealing as sufferer to the jury. His
course for the past nine months has been OF such
o character as to make him formidable. There
Is undoubtedly theory with the defence
that II he testi1es he will make an
impression. and that he should not testify lest he
incite the jury. AS to the law against his testify.
ing, the burden on that side was with the plaintiff
and the presidents with the defendant. The
PLAINTIFFS counsel, led by Mr.. Beach, relied upon
the growth Of tho law as related TO the sexes
vie and husband being individualized and made
<ho ohort
of the facts. In this case the husband mas as.
sumed the attitude Of protecting his wife
while prosecuting her alleged seducer. he
therefore claims in equity the right to
be the exponent OF her sin, while the
expiainer Of the circumstances under which she
slnned. The defence regard Mr..Tilton AZ an in
trguing. artful witness, 10 be shut or the stand
If possible. His relation to the case as reator
viii have more effect upon the vast public, whether
he be excluded admitted, than anything he
might say. II ne does not speak, his testimony
will be inferred II he does speak, his FEELING Will
qualify his oath. The law is probably against his
testifying; so have some powerful lawyers said to
u.s. But his importance as witness. both to the
defendants honor and the great mystery Itself,
can scarcely be computed.
Theodore Tilron Is the positive personality In
this cause. His inferiority to Mr.. Beecher by age
and rank has somewhat obscured him as the real
protector and sustaIner OF this case. People have
insensibly referred to the great pulpit orator as
more than the counterbalancer In point OF worth
OF hts aspiring, truculent, boyish traducer. In
reality 1ilt0n is not boy, but person about
forty years old. Tilton Is a mystery to his imme.
date friends. Some OF these think thar he mas
planned his life and walked innexiblv upon pro-
gramme as to its conduct. Others think him to be
a Bohemian, who has made the past repast, and
Is using the wonderful dramatic occasion now be-
lore US to restore himself He has certainly given
nerve and vigor to his counsel.
The Old limbs or the law, like Beach and Fuller
ton, would not nave kept Tlton's cause In mind
unless they had certain reliance upon the plain
tin. Had he been frivolous, uncertain, egotistcal,
pattering, he could not have gained their Gre
dence, nor could he nave Kept 1t. There are not,
probably, In this country two more albuminous.
cool, rigid attorneys than Fullerton and Beach.
Mr.. Beach las advanced In years as well as In
practice, and relies upon no supposititious popu-
arity. He has little to expect from the renown
he may gain in this matter. Mr.. Fullerton Is
younger and probably more regardlul OF his future.
But both OF these renowned lawyers appear 10 be
suoordInates and associates OF Ttlton rather than
his superiors.
Tlton ia man Of an unclassidable tempera-
menr. He Is an eQotlst. but q peculiar one. There
are times when his eulogsts can scarcely get his
countenance. and all the time his enemies are
unable to get his opposition. He has embarked
IN this cause with Mr. Beecher his entire tempera-
ment which is the bulk OF his fortune. lnnexl-
bly,, metnodically, necessarily he has pursued this
case, making almost profession OF 1t, and evapo.
rating day by day the unnecessary portions. until
he has sublimated, condensed. arranged
and made proectilo every fact in the
mighty mystery. Whether he be the sub.
Ject OF an hallucnation or the convert
OF series OF evidences Is to be solved by this trial.
At any rate there be sits, o sphinx, O female
riddle male personality. curiosity In the great
drama. Before him 10 his enemy, watching him Is
his wife. who must tnsensbly be fearful colleague
In this case. II TNton be himself indicated both
his enemy and his wife are set without the pale of
consideration. II he be not INDICATED himself
and perhaps his friend are retired rom the mag
unanimous consideration Of men. What the law
says the question Will be less effective than that
lncisive and determinate Intention OF the common
citizen 10 get at the facts OF the case without re.
| gard TO the laws Of evidence.
Yesterday the court room was ON arena where
authorities and traditions were paraded. Very
keen minds were called up to decIaim their best
Mr.. Evarts led or Mr.. Pryor followed. After
rebut.al Mr.. Beach spoke. These men are as di..
| ferent as their arguments They are also so sen
sitive that person hardly knows what to write.
The course or democratic writing is to get rid OF
the assumption and nonchalance OF lawyers who
spare no pains to hurt their opponent but are
very delicate ofa class OF lawyers not yet admitted
10 the bar who watch all proceedings without re-.
gard to the common or the statute law-the re-.
port OF public opinion.
The day before yesterday Mr.. Evarts made ref
erence TO the stigmatization the barristers were
getting In this case. He thought that the noble
attorne,s were not to be considered as actors and
criticised as II they were playing IN the cast Of
''rnespius." There 10 too much dignity about this
trial. Every ume anybody gets iouled he criti-
cises the weather. Not one reporter In this tnal
has satisfied all the counsel. Roger A. Pryor has
made figure In the discussion OF the right OF Mr..
Tilton TO testify. He 10 an old. historic Character
who mas suppressed the better known part Of
| himself IN order 70 ~ and 70 prove more