The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-02

The Brooklyn city court room was again
crowded, Thursday, by the usual gather
ing of spectators. Mr.. Beecher and his
wife sat among the Plymouth church del
egaton.
FIX Judge Fullerton called the attention
of the court to pamphlet published by the
New York Tribune, and called part of the
official report of the Tilton-Beechcr trial,
and stated that, instead of having the evi.
dence only on the trial, there were com.
ments RELAXING to Mr.. Moulton, ex-Judge
Morris, and the other counsel. Mr.. Beach
also quoted extracts from the pamphlet
showing the manner in which it had been
issued, and stated that it not only bore
comments on the trial, but also on the
scenes which took place during the recess.
lie paid tribute to the credtable manner
in which Mr.. Moulton had conducted him
self in the witness stand during his IL
days examination. Mr.. Evarts also
protested agains the publishing of this
pamphlet, and said they were not here as
clowns on stage. Judge Nelson said he
would confer with the editor of the Tribune
about it.
The examination of Franklin r. Wood
ruff was then resumed, and he proceeded
to detail the conversation that took place
at the interview between himself, Mr.. Moul.
ton and Gen. Tracy. He said Moulton at
that interview told Tracy all about the case,
declaring that tho points in the case pub.
lished by Mrs. Woodruff were true, and
he (Moulton) had been trying to keep the
case covered up. Gen. Tracy said he did
not recommend lying, but in this case he
thought it was perfectly justifable. He
recommended that either Moulton or Tilton
be sent to Europe.
wOoDRUFFs AID TO THE GOLDEN AGE.
was in the habit of going to Moulton's
in 1871. met Tilton there. He was out
of employment and wished to start paper
and said that $4,000 or $4,000 would be
enough to start it with. He announced that
he was going to start it and advanced then
$4,000; there was about $l2, 900 subscribed
and Mr.. Tilton subscribed either 1000 or
$4,000. paid in 81, 800 and got his note
Tor that amount. saw Mr.. Southwick and
told him about it. have never paid the
$4,000, but was released from it,
TILToN CALLED AS wITNEss-A LIVELY
SCENE.
This concluded the testimony of Mr..
Woodruff, and eX-Judge Fullerton then
called Theodore Tilton. As Tilton's name
was called, Immediately the courtroom,
was thrown into great CONSERVATION and
approached and took a position to be sworn
upon the witness-stand. The people stood
on chairs to gaze at Tilton, and mutterings
were heard. Several stamped their fee
and could not be stiled by the judge, who
gazed in bewilderment. Mr.. Til.on mean
while grasped the Bible firmly. and tho
clerk had proceeded as far as "You The
odore Tilton, do hereby, solemnly sweal
that when he was interrupted by Mr.. Ev
arts, who, rising excitedly to his feet, ex
claimed, IL object to this witness!" For ,
few moments the audience forgot Themselves
and the scenes that had preceded Mr.. Til
tons first appearance on the witness-stant
were renewed, and it was with difficulty
that order could be restored. The court
officer, as Mr.. Evarts made the remark
withdrew the Bible from Tiltons hand ant
stepped back. Mr.. Titon, in constrai ie,
manner sitting in the chair, gazed at tn
counsel and waited for Mr.. Evarts to speak
MIR. EvARTs's ARGUMENT AGAINST TILTo!
AS WITNESS
Mr.. Evarts then began long argumen
against Tilton's being allowed to testify
lie said that in the common law Their
seemed to be a question whether II husban
or wife could be called to give eyidenc
against one another, but there had come
witnesses against one another. 1t SCENE
to be unquestionable that the wife of thi
defendant could not be witness to defen
her husband or her life. The great mora
lists and legislators ali combined to say thu
there were limits that could not be passed
as the relations between client and lawyer
doctor and patient or clergyman and pen
tent. The common law used no fine sent
ment or phrases, but understood the inst
tutions afording protection, and provide
that when man and woman came togeths
they should be one flesh, and when it sa,
they are one, it has been said that no ma
shall put asunder those thus joined togeti
er, and least of all shall the justice of la
put asunder this conjugal relation. Itw,
not the interest or the duty or the relate
of marriage which was broken up befol
the court. II every Englishman and Anne
lean prided himself on the involability