The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-01

Mr.. Evarts closed his evidence for the defend
ant 1t was hardly expected upon his part,
as the imagination of the people had conjured
up a series of spicy witnesses-Mr. Bowen,
Mrs Morse, Mrs. Woodruff, and, above all,
Mrs Tilton. The evidence of General Tracy
does not seem to have been of any especial
consequence except to allow Mr. Beach to
avenge the wrongs OF Judge Fullerton. 1t seems
that during the administration of President
johnson Mr.. Tracy, as the District Attorney
of Brooklyn, instituted a suit against Mr..
Fullerton, in which he was triumphantly
acquitted, and so conducted the case that
he incurred that gentleman's enmity. Mr..
Beach, with that sense of fidelity to his
brother practitioner which has marked his
whole demeanor in this case, amply avenged
Mr.. Fullerton by submitting Mr. Tracy to
severe and impressive cross-examination.
Common people, who are only interested in
the administration of justice, may marvel
that the quarrels of Mr.. Fullerton and Mr..
Tracy should be allowed to play SO prom
inent a part in the trial of Mr.. Beecher.
But this case has gone beyond all precedent
or control, and we must marvel at nothing.
Witnesses who have suffered SO much IN the
way of cross-examination at the hands OF the
lawyers will look with complacency upon one
attorney torturing another Now, however,
that Mr.. Beach has cross-examined Tracy,
the interests OF q fair fght If not Of justice
and fair play, demand that Mr.. Tracy should
be allowed to examine Mr.. Beach. That
would be exciting.
There has been much disappointment be-
cause of the failure of Mr.. Evarts to call
Mrs. Tilton as a witness The HERALD has
always commended that without the testimony
of Mrs. Tilton there could be no proper YER
dict in this case. We urged upon the Legisla-
ture the necessity OF passing law to enable
her to testify. 1t is q matter concerning not
only her own honor, but that Of her children,
and she, of al persons in the world, can say
whether or not she has been guilty OF the
crime Of adultery. 1t seems especially cruel,
also, that Mr.. Tilton should be allowed, by
statements and cards to the press and inter-
views with reporters end days Of examination
and cross-examination on the witness stand,
to fasten upon his wife charge which had
only come to him at best from hearsay, and
she should not be permitted to make her
defence. This seemed to be an enormity in
our law. A bill was introduced into the
Legislature TO so amend the law of EVIL
dence that Mrs. Tilton should be called.
The Committee on the Judiciary re-
ported against it, for good reasons, no
doubt, and it fell through. As soon as the de-
fence closed Mr.. Beach, with admirable tact,
announced upon the part OF the plaintiff that
there would be no objection to Mrs. Tilton
taking the stand. As a master stroke in the
conduct of the case this move Of Mr.. Beach's
was superb, and the impression it will make
upon the people generally will be unfavorabls
to Mr.. Beecher. At the sam, time we do not
see how Mrs. Tilton could have been, even
by the consent of the counsel, with statute
expressly against her, competent to testify,
This especially with the still further fact that
the Legislature, the law-maklng power, had
refused to amend this act. Whatever the value
OF Mrs. Tilton's evidence may be in this
case the law is the law, and it is the master
of us all. We do not see, therefore, how it
could be competent for Mr.. Evarts on one
side and Mr.. Beach on the other, and Judge
Nelson as o consenting party, to make any
agreement that would violate the law. With
out pretending to knowledge Of the subtle
ethics of the legal profession we do not see,
either how an attorney could seriously pro-
pose an act which be knew to be directly in
contravention with the laws Of the State
which he has sworn to defend.
At the same time the policy OF Mr.. Beach
in Offering Mrs. Tilton viii produce profound
effect throughout the country. Mr.. Evarts
made the best answer in his power. the only
answer, in fact. He might have commented,
perhaps, on the anxiety of Mr.. Tilton's coun-
sci to add still further to the measureless
pain and sorrow and suffering that has fallen
upon this woman through this extraordinary
trial Of an examination under oath. This,
perhaps, he reserves for still further occa-
sion. The disappointment in not hearing the
evidence of Mrs. Tilton, especially among
those who have long ceased to regard it as q
trial, but as an exhibition, will be sincere.
There is hope, however, that we shall have
Mr. Bowen and Mrs. Woodruff and Mr. Ste
phen Pearl Andrews and probably Gen.
eral Butler. We do not think there could
be four livelier Witnesses Under proper
treatment OF General Butler, for instance,
in the process of cross-examination by Mr.
Evarts, there would be great deal OF smuse-
mcnt. Mr. Bowen is said to be sufused with
information which oozes ont at the approach
of every reporter Of the press. 1t is scarcely
expected Mr.. Beach will fail to call him after
the terrific onslaught made by Mr. Tracy in
the opening. Mr.. Bowen owes It to himself
to become witness, to state what be knows,
and no must know good deal affecting the
reputation and conduct Of all the parties to
this suit The evidence for rebuttal cannot
last very long. AS It looks now we shall