New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-29
THE GREAT STRUGGLE BEGUN.

THE GREAT BEGONs
II has been known for days that Mr. Tlton would
he called as witness and 1t was anticipated that no
effort would be left uuried to prevent his acceptance
ns a competent person to testify. Preparations for
the engagement have been going on ever since the
trial began, both by the plaintiffs and the defend
ants lawyers. The latter have been expectant all
this week. ready for any attempted surprise, as it
was not known when Mr. MOultons tes-
tmOny would be concluded. nor who's would
follow him. The first indication OF the ap-
preaching contest yesterday was the entrance of
the lawyers'i clerks with arms full of bulky law
books and hostitics were fairly opened soon after
noon. Mr. Woodruff had stepped down from the
witness chair, and there hurried consultation
among the PLAINTIFF counsel. Then suddenly, at
sgn from Mr. Fullerton, Mr.. TiltOn arose from his
seat and stepped quickly TO the vacant chair, amid
the surprised murmurs of the audience. / offer
Mr.. Tilton witness" said Mr. Fullerton, quietly
But stop a moment expostulated Mr.. Evarts !;
we object to him. Then followed q mOmentary
scene of confusion in the ispace assigned to the
lawyers. The clerks of the counsel sprang up and
began the removal of the legal volumes from
the floor to the tables, upon which they spread
open at selected places; the lawyers on each side
consulted among themselves earnestly; the jUrymen
YEARLY changed their positions IN their chairs, and
The audience sat almost breAthless, craning their
uecks and awaiting eagerly the first note OF the
Hruggle.
Without formality Mr.. Evarts began his argument
against the competency of Mr.. Tilton as a witness
In the mean time the plaintiff sat in the witness
;bar squarey facing the audience for the first time
unce the beginning of the trial, and therefore the
oliect of general observation. He bad not removed
bis OveTcOat which he wore thrown open loosely
md he also continued to wear his gloves,
room
Mr. Evarts began his argument at 1910 and had
Oot concluded at recc,s-l o'clock, He was earnest
md Eloquent aud the jury and audience listened
With quic, attention While he was speaking his
associates. Messrs Tracy aud Sherman, sat behind
aim with arms f,lded, listening attentIyely and
U,tG the look of perfect confidence i'll their leader
Oh their faces The other counsel busted themselves
getting ready Che legal authorities to be introduced
b. ST Evarts, and it was evident that the defense
we're fuik, prepared for the issue. During the adj
dress Mr. Beach was occupied in noting various
Authorities 10 be used, and Gen. Pryor sat sur
souIdcd by small library Of law books which he
examined, marked and paced in consecutive order
ready for Immediate reference. Mr.. Fullerton and
Nil Morris remained inactive. Mr.. aud MIS-
B.cchcr hardly spoke to each other during the en-
tie address 20 interested IN it they Mr. Til
ton Eat with hands clasped. watching every move
mrnt OF the speaker and he did not finch when his
ZANE was mentioned unfIyordbly. nor when his
motives were interpreted daIkly by MI Evarts.
HIS usually placid face perfectly eXpressionless
when Mr. Evats asked in ringing tones. Can you
imagine tie ba,enca5 tbat could bring husband
iato court after having received a confession and
Iardoned it, and lived with his wife years IN that
rtlatiOnp
Recess came. and Mr.. Eyarts was mot half done.
nc interval over hc resumed, but the witness chair
ii w. ot hpDilp his ~
MI Evarts took NJ al the bearings of law on the
marriage relation. quoting as authority the laws OF
tagiand Ncw-YOTk State, aud Of other states. His
I!laeIpal Argument was based the statute of 1867
regarding husband and wife as witnesses. Daring
tie address, which lasted nearly two hours, there
were several faint expressions of an inclination to
arplaud among the spectators. but with that eXcep-
hoa perfect quiet relgucd aud the last hour Of Mr.
EvaItss argument was delivered without INTERRUPT
ton.
10 had been taken for granted that Mr.. Beach
Wouid reply to Mr.. Eyarts and it was therefore a
yrr rise when Gen Pryor arose, bowed to the Court
aud proceeded to speak. Up to TINS time Gen. Pryor
r: not taken an active public part in the case and
there Wis therefore considerable curiosity to hear
hln. 1t did not take many moments to see that he
vs. an eloquent orator HIS defamation iseccentnc,
LIS aestculaiiOn earnest and pFOluse aud his tenn
r,ranent evidently is ueryously eXcitable At times
he bends forward and lowers hs voice almost to a
whisper. Then. suddenly, as he becomes aroused,
his Indian-ke figure straichtens, lis face lights up
with intense stress, and his voice rings out
clearly a. a bell Sometimes be speaks very slowly,
long pauses occurring between his sentences, but at
other times the words flow from his mouth without
effort, and his delivery is wonderfully rapid.
Ole OF his eccentrcites is to play
h,Atly with hi eyeglasses, swinging
them around his finger. then placing them
mon his nose and peering curiously over them !;
next wping them with his handkerchief, and finally
cropping them and Ainging the handkerchief with a
oitck motion aciOes the table. Gen. Pryor was
plaiply very familiar with his subject, and 1t was
not necessary 10 be lawyer judge to understand
Inn so clearly did lie embOdy his argument.
Tas argument regarding Mr. TIltOn's competency
as a witness will he continued this morning. Gen.
Pryor had not finished speaking at the hour Of ad-
j,Urnment.
The last moments Of Wednesdays session were
occupied by ali argument regarding the admission
Of Franklin WOodruh7s testimony relating to e
meeting at which Mr.. Beecher not pres
cut. The decision was postponed to yes
terday morning, when Judge Nelson said
that he had decided to admit the testimony
objected to By the defense. Mr.. Woodruff therefore
resumed his seat in the witness chair and Judge
Fullerton continued the examination. strong
light was turned upon Mr. Tracy's relations to the
parties in the suit. He represented as saying
10 MoultOn at the meeting at his Office after
the publication Of the scandal in November 1872 that
though he did not recommend lying. il was in this
case justhable. He advised silence and proposed
that Mr.. MOultOn and MI Tilton should 20 TO
Europe. Mr. Woodruff also testified that Mr. Tracy
told Mr.. Tilton that in a lawsuit sholld arise
a.