New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13

stood the lady absent; it was a mere incident.
Mr. Beach-We must he not say Sir, that be understood
from person at the house give what said
his call inquiry Is 1t for him give only heasay
his understanding Of what the hearsay
Judge Nesonl think person calling al house. and learn
Ing from any person lady absent could very weu -
q mere incident OF the call, say that she absent
Mr. Beach-Certainy, Sir.
Judge Neilson-Tsat is all there is Of H.
Mr. Beach, beg your Honors pardon it not all there Is Of
IT, This gentleman does pretend say that any person
formed him at the time Of that call that Mrs Tlton NJ
sent II So he can say We submit to it, but Tor him 30
say that he understood she absent submit only giving
his conclusion something which may have been SAID
Judge Neison-Yes
The witnesT think, Sir, that Mr. TtOn may said 30
the author OF II.
Mr. Beach-Well will you walt moment'
Judge Nelson-Go on. Dir. Sherman.
Mr. shearman-what you going 70 say A. WA going
to say Sir that it my custom 70 ask NJ Iton
about his family and that understood from him haby tho
periods OF Mrs Tltons absence during that SUMNER owing
to the ordinary courteses passing between matter
Of
Judge NesOnwen the inquiry this occasion do yos
remember,
The Wness-Ths occasion during Cas should say I'm
any ordinary conversation and certainly say my
yiction)-durng Mrs Tltons absence in the country.
Judge NeHson-The inquiry IL whether you learned from
Theodore Tlton on this occasion that she absent
The Witness-I did not. Sir.
Mr.. Shearman-At what
Mr. Beach-Wait moment move 10 strike out bis answes,
that he understood.
Judge Neison-very well the word understood" is OBJ
jecuonabIe in that respect. Go on Mr.. sherman
Mr. Sherman what hour in the evening did you make
your first call that time A. About eight o'clock Sir
q, Did you find Mr. Tilton in! A. He absent Sir.
O. Who did you at that time A. the housekeeper.
q. You need not mention names; describe persons A.
saw middle aged womanI afraid shall have to use that
word Understood" for can't who told she
housekeeper Sir who told that Mr.. TtOn absent. 1
also saw gentleman at the door inquirng-
q. You did not 90 inside A did not 60 inside
O. That is all about that; what did you return A
came back twice. Sir before nine O'CLOCK think and
finally at - came back at nine and went in
q How long did you stay that A. stayed until
ten, Sir.
O. Did Mr.. Tlton i'm A. Mr. Tilton came in at ten
q Now, did he in with the lady whom have
ferred 10 before A. The same lady
q Was there any relative Of that lady that moS
A. There young lady who told that relative
Of that lady and that she waiting for her.
Mr. Beach-Well Sir We object To that.
Mr. Shearman-Wait MINI te and see
Mr. Beach-Well Sir move TO strike Il out.
Mr. Shearman-WaE and see II don't connect IT,
Judge Neison-The counsel says wait and
Mr. Beach, only want to get my motion in time.
Mr. ShearmanDd that young lady go home with the shes
lady afterwards A. She did Sir
q And did they appear to be intimate terms A Shs
did Sir
Mr. Beach-Now move to strike out the declaration Of
that other lady" that she was relative Of that other
lady"
Mr. shearmsn-Tt is pretty evidence
care so little about it,
Mr.. Morrs-Woll then wouldn't offer it,,
Mr.. shearman-Perliaps you wouldn't
mr.. Blackwell, Sir is manifestly improper evidence
Judge Neilson-Yes; strike il out think you will
| give Us the name before you get through
Mr.. Shearman-The gentleman can ask the name II be
chooses we are not going to have It said Afterwards
Judge NelsonWell they OBJ ged ask; you can't
give conversation OF this kind and throw upon them the
den OF eIactng the name Will have tc give the name,
| required
Mr. Beach-ohl there is objection another lady being
there who told this other lady was relative We
| only object to what said.
Mr. Shearman-Now, what did Mr. Tlton say or what did
this lady say his presence A The lady with whom Mr. Tsn
had been walking apologzed lady
aenes OF their remaining by saying that both their
watches had stopped the other lady having demonstrated that
they had KEEP, her waiting until that late hour FOR them
@ Was anything said where they had beeng A. Not At
! the time Sir
q On! omitted ask whether the occasion Of thai
reception in June-whch supposed have been June
! il Mrs Tilton PRESENT. A. She Sir
q Did you, later period in the Summer OF 1870 have
any conversation with Mr. Tlton the subject Of marriage
and divorce Of partners in fe-anythng in respect
marriage relation A recoect Sir certain day when
ferry.
Judge Nelson-The ferry boat you mean A The ferry
boat, yes Sir
Mr. shearman-On which You did have sach conversations
A On which we did have such a conversation.
Q Now what that conversation was A. Well Sir.
Mr. Ti,On, who seemed TO be in some agitation
Mr. Beach-Wait
The wtness-It Is proper FOR me 80 say that.
Judge Neson-The question is what the conversation
Mr. Sherman-I think Mr. Tlton's Is very proper.
Judge Neson-Yoar question what the conversation
was and the witness must attend to your question.
NJ shearman-What was Mr.. Tions manner the conf
mencement Of that conversation A. Mr. Tilton seemed
good deal agated that afternoon Sir, in the Office, and
after we left the Office, and on the ferry boat
Mr. Morris-When this A The latter part Of the sum
mer Of 1870
Mr. Shearnan-Now state what he conversation was' A.
Mr. Tion asked after conversation other subects-he
turned to and asked earnestly what thought on the
subject Of marriage replied that had had occasion to
think on the subject Of maragesoe such eyasiye reply He
then asked meet get the order Of conversation -
nearly ~ can. Sirhe asked me whether thought there
might be more than one human and confess the expression
puzzled me- | replied that didn't know what be meant by
more than human love. Said he What do
YOU think in the OF people who find them
selves unconsenially married ?" | said " Mr. Tilton
think where conscientO1s-where people en-
deayor TO do their best under such circumstances they
grow together" II may describe MS he said
very suddenly and impulsiYey: -" that they grow
more and more apart" The conversation made did not
20 any further with that He then asked what thought Of
John Stuart Mil il did revere him great deal ph.oso
pher | said did He told that John Stuart Mil
WAS never married hs wife that he had It from
intimate friend Of Mr. MIL that he never married
to his wife, legally any other way, | believe
replied man who lived with bis wife faithfully as long
she lived and lived over grave after she dead not
the man YOU can quote your side of this marriage conro-
yersy and that remember believe. At this moment.
Sir Of the conversation.
Mr. shearman-That will do.
Mr. Eyars-It Is after four
Mr. Beach-well it will take bat moment 70 dispose u
Lii nennnlan MY OWN INCLINATION WY not 10 sk him any.