Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-05-01
TILTON-BEECHER.
The Defense Rest Their Case.
Mrs. TiltOn VIII Not be Called
to Testify.
The Great Show Drawing to
a Close.

NEW YORK, April 3D'-Mr, Beecner was
not present at his trial this forenoon, but
his wife and son were. There was no
ticeable increase Of spectators. The cross
examination of Mr.. Tracy was concluded,
and Mr.. Eyarts then announced that the'de-
fense rested.
Mr.. Beach rose and said it was due to bis
side to state that they made no objection
to the other side producing Mrs. TiltOn on
this suit, and would waive all objections
and interpose no barrier to it. Although
she was an incompetent witness under the
statute, they consented that the other side
could use Mrs. Tilton if they desired TO
do so.
Mr.. Eyarts said it had never
been a serious question with them
whether Mrs. TiltOn would be a
witness, as they know the law is against it
now. If Mrs. Tilton could at any time
have been admitted, there were grave ques-
tiOns to be considered, and that if his client
needed any further evidence it would be
his duty to adduce such evidence. They
had not been brought to any point in which
they were led to consider the force Of the
evidence.
Mr.. Beach said that in his view Of the
policy Of the law, the counsel was mistaken
in the intent of the law, as to the prOpriety
of allowing the wife to defend herself. IL
was not the policy Of the law to forbid that
adverse position, but he only mentioned
this matter first, so that if the counsel de-
sired to produce the lady, they were at per
feet liberty TO do so.
Mr.. Evarts said be did not believe that
the consent of the counsel, in opposition to
the law, made the wife a competent wit
ness.
Judge Nelson said there was no ques-
ton about the allOwability Of the other side
to offer this lady as a witness. II would
be a very trying position for her, aud, on
the whole, he was glad the lady was not
offered as a witness.
The usual recess was then taken.
After recess, Charles G. Stanter, e. W.
Maddox and John SwintOn were called in
rebuttal. They all testified that TiltOn
was not with Mrs. WoOdhull in the ROus-
sell (Commune) procession. Mr.. SwintOn
was with TiltOn during the whole Of the
procession, and he did not see Mrs. Wood
hull or Miss Clafin.
Mr.. Beach here said that if it would be
TO the other gentlemen, some Of
the members Of the jury would Ike an early
The court then adjourned till Monday
One OF Beeeher's Counsel on Trial
Special to the Cincinnati Commercial.
BRoOKLYN, April 29.-We have again
to-day had another of those trials within a
trial, of which we have had 50 many.
Beach opened the cross at once and ab-
Tuptly. The first questions were thrust in
like a reptile, and the answers thereto
were sent out like cannon balls.
They related directly to the issue Of
TraCy's professional morality. In appear
inc as a lawyer in the case under the
Of il. "Did you stand up in
this court behind ex-JGdge Porter when he
was cross-examining MOultOn and act as
his prompter?n Tracy could not recOllect,
and again be could not, and yet again, but
when asked a question which implied that
he had plsyed false to MOultOn's firm,
while the former employed him, his eXcla-
nation, 'NO, sir; no, sir, " was OF the most
energetic kind. Beach next CroSs-questiOn~
ed him as to the promise to TIltOn not to
be counsel against him, and to his alleged
absolvement from that promise under the
changed nature Of TiltOn's accusation. he
would not allow Tracy to wander from the
direct line, nor to give answer Of dubious
import, but constantly, and in a rigorous
manner, held him up to the specific point
from the first. Tracy showed signs Of
meeting his CrOss-eXamineF not with entire
diffidence, but with decided selfasSertiOn.
Upon this the wrath Of Beach looked as
though it were getting dangerous, while
Eyarts sat like a leashed greyhound, ready
TO protect the witness, but, fortunately, at
this moment recess arrived, and gave all
parties the opportunity TO recover them
selves. 1t had already become apparent
that the main business of Beach to-day was
TO put upon Tracy ths brand Of protes-
sIonsI dishonor. The second session was
opened by Beach inquiring Of Tracy
Ebstber he had withdrawn, or proposed to
wii:.hdraw, from his legal eonnec'
tion with ..his case, Then came an IN
terestiDg point. "Were YOU the aulh0r 0,,
of that 0pening speech you delivered here!
Tracy did ROt want to tell, but Beach le-
clared his determination 10 ascertain the
authorship of that speech, so Oyeceharged
with malignity and falsehOOd. al will
hold YOU TO the responsibility" cried Beach,
as he worked hard TO get an answer, but at
last confessed that he wrote mOst ot the
speech. Tracy next swore to the telsity o.
various statements in Franklin WOodruH
testimony. He vas next cross-questloned
about his several
Interviews with Gen. Butler,
who, last summer, was TO act for MOulton
in the management Of the scandal, and this
part Of the work, which was very minute
occupied us till the close Of the day. 1t
appeared from this part Of the evidence
that Gen. Ben Butler is going to be a wit
ness, and that he is prepared to give quite
different accounts of the scandal inter
views in which he and Tracy TOOK part
with Moulton and others from these which
were to-day given by Tracy. "Did you
tell this to Mr.. Benjamin +. Butler? L
that the mans name?D Laughter. Thi:
was one of the crOss-questions OF Beach
There were some pretty closely concaten
ated passages of argument and active cross
examination between Beach and Tracy
Beach sometimes ran Tracy up to the wall
pushed him around the corners, and wen
for him with pointed finger and loud voice
APATENT has been taken out for al
;,-,,,t;o,, I,,- ,vI,ial, n ia claimed that Glas