New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
THE BEECHER-TILTON TRIAL
THE TRIPARTfTE COVENANT EXPLAINED
BY SAMUEL WILKESON.


CONCERNING IT DErAILED-MR BowENs PAY
MENT TO DIR. TILroN ASSERTED TO HAVE BEEN
CONNECTED WITH THE CovENANT-wHAT Mr.
TIIToN SAID TO MR.. wILKEsoN IN REGARD TO
THE sCANDAI-AIIEGED CONFESSIONS BY MRS.
TIIToN To MRS. II. h. STANTON AND MISS AN
TuoNY-TEsTIMoNY ABOUT Mr.. TlLToNs AriEN-
TONS TO LADY NOT NAMED.
In the trial of the suit of Theodore Tlton against
Henry Ward Boecher before Judge Nelson yester-
day Mr. Hill of counsel for the defense called Sam
uel Wikeson who gave the history OF the tr1parute
covenant and testified concerning statements made
TO him by Mr.. Titon at the time when this cove
nant was drawn mp. Mr. Wilkeson's testimony oc-
cupied nearly all of the time of the Court during
the day. Shortly before the adjournment the Rev.
Edward Eggleston was called. and the work OF the
week was finished with his cross-examnation, which
ended at 4l5 p. IN. The Court then adjourned until
Monday.
AN EMPHATIC WITNESS FOR THE DEFENSE.
The trial was a few minutes late in opening
Yesterday on account of the hardness of juror,
During the time of waiting, Judge Nelson in
auired concerning the health of Mr. Fullerton,
and was told by Mr.. Beach that Mr.. Fullerton
wac too weak to attend the Court but expected
70 be able to resume his duties on Monday. Clerk
Madison then announced, Jury present" and the
defense entered upon their part of the days work by
calling Samuel Wilkeson. Mr.. Wikeson began to
testify concerning conversation which TOOK place
in 1861 at Washington between Mr. Illton and NM
self in reference to a service done by the latter
for A con of Mr.. Beecher. Mr.. Beach promptly
objected and the Judge ruled out the evidence, not
withstandng the strenuous efforts of the senior
counsel for Mr.. Beecher to have it included. Mr..
Evarts complained that the ruling was cruel to his
client but Judge Nelson answered, almost sorrow
fully: THE hardship is that ! should learn from
the counsel that it Is unjust and cruel
to the defendant to rule out this evil
aence which is utterly Immaterial, and
could not be of service TO him" The witness then
proceeded with his testimony. which. in the main.
was a minute account of the circumstances of the
celebrated trpartite agreement the first suggestion
Of which was made by the witness, who also drew
NJ the original document. Mr.. WilkesoD testified
Oh this point that Mr.. Tilton called upon him at his
office on March 20, 1872, and showed him the origi
nal draft of the paper known the personal
statement which Mr.. Tilton said he should publish
IN the next number of The Golden Age unless Mr.
Beecher did him justice. The only thing of which
Mr. Tlton then complained was that Mr.. Beecher
did not help him in his troubles with Mr. Bowen,
and, according to Mr.. Wilkeson, Mr.. Titon declared
that he would pursue Mr.. Beecher to the
grave" On the day following MIR. Moulton
called upon Mr.. W1keson, and the latter
then said that he thought it would be
well to bring the three Henry Ward Beecher, Henry
&. Bowen, and Theodore Tilton, to unite in a cove
nant in writing which should prevent ct least two
Of them from circulating scandals Mp houltOn
agreed to this and Mr.. Tilton afterward assented.
At subsequent interview between the witness,
Mr. Moulton, II. B. Clafin, and Mr.. Tilton, it was
decided that Mr.. Bowen should be induced to pay
Mr.. Tilton whatever amount Of money was due to
him. and should use The Independent to restore Mr..
Tten to the position which he had lost. 1t was also
determined that the scandal papers in the hands of
Nr. Tlton and Mr.. MoultOn should be destroyed,
after the tTpartite agreement should have been
ened and the money paid 1t was also stated by
Mi WIkesOn that at another interview between the
four persons mentioned Mr.. Claflin reported that
Mr.. Bowen had consented to pay the money, pro-
vided that arbltratOrs were appointed Mr.. lllton
Oh hearing the draft of the tripartite agreement
read declared that he would sign il twelve times
over if Mr.. Bowen would sig it once"
The remainder of Mr. Wilkesons testimony was
in relation to Mr.. TiltOn's early statements of the
cause of his troubles with Mr. Beecher. After the
trpartite covenant had been agreed upon Mr.. Will
keson asked Mr. Triton if there was any truth in the
ton Mr. Tilton replied 1.-The charges are wholly
adding that the utmost that Mr..
Beecher had done was to address improper language
to Mrs. Tilton and that ample apology IN writing
had been made by Mr. Beecher. Toward the close
Of his testimony Mr.. Wilkeson asserted that when
Mr. Tton ON April 8, 1872. refused to sign the tr
parite covenant as it then stood he MR. TiltOD) de-
rlared a will sign that or any other paper
that will prevent me from pursuing Henry Ward
Beechern
During the first part of the discrimination of
Mr. Wilkeson. Mr. Beach put series of questions
about the precise language used by Mr.. Tton on
referred to by the witness. The course of
inquiry then turned to what Mr.. TiltOn had said
the stories about his wife and Mr..
Beecher The witness said that he had made a
Of these conversations, because he
" thought the whole matter would end IN
D great legal controversy" When did
you think tbatY' asked Mr.. Beach, when"
answered the witness. 81 heard the move
ment that Theodore TiltOn had organized against
Henry Ward Beecher" Mr.. Beach caused laugh
IN his expOstulatiOn with the witness for this an
swer by addressing him as &c Mr.. rockingham"
The rebukes of the senior counsel for the plaintiff
produced little effect the witness. who in reply
TO the question, How did you think charge of
improper language could get UP great legal con-
answered very elnphaticaly, -
thought the time would come when Henry
Ward Beecher and his friends would become
tired of paying money to The Golden bge to stop
scandal against the greatest preacher and the
greatest man of the age" This expression of
opinion was greeted with laughter and some APP
plause. Mr.. Wilkeson denied that he had uttered
the expression attributed to him. that 1.-THE publca-
ton of these scandals would knock the Life of
Christ higher than kite" and seemed very anxious
to tell what he did say tins point. but Mr. Beach
did not care to hear it, The witness was very unwilling
TO mention the of ladies in his testimony, and
appealed TO the Judge to be excused from doing.