Year: 1875

METAPHYSICAL CRITICISMS OBJECTED TO.
Mr. Fullerton-I think that is enough, Madam.


Mr. Sherman me, don't think is but half
to my question / ask whether Mrs Tilton was
strong weak woman.
Nj Fulerton-Shc said shc a strong


Mr. Shcarnan-I will let you know when satisfied with
the


Mr. Fuloron-And will let you know when am not salts
fed with it.


MIR FGlerton-You needn't make 1t unless you
please but will object this wonderful illustration after Civ


g an answer to the question her powers OF endurance


Judge NeiisonI think have sufficient; have the
strength OF mind and the OF endurance and her
estimate OF herself and her orbearance to Others think
that gives pretty fall picture of the w0man's mind.


Mr. Shearmau-Wh all Difference your Honor judgment,
1t does not my question: and l. therefore, shall
the latter half Of it, ITO the wness Was there any point
of weakness In Mrs Itons character Mrs Putnam; if
state it?


Mr. Beach, don't precisely understand Sir upon what the
oy OF evidence this lady called upon give judgment
opinion in regard 10 the mental moral characteristics OF this
lady She might have given incidents illustrating her pecuia
es bat mayne have essay from this lady
upon the Rccularites OF Mrs Tiltol's disposition.


Judge NesonThs evidence is the extreme Of what you
could ask from expert


Mr. Beach, suppose so, Sir.


Judge Nclson-And even an expert might be mistaken.


Mr. BeaclTOa reasonable extent make objections
TO it, but getting altogether refined and
particular and repeat that don't know of any principle Of
evidence that allows evidence of this character is admii
bic to give tho state OF tho family relations and the general
characteristics OF that family, suppose they made appl
rent by their actions in the presence of witnesses But the
highest and perfect evidence would be the actions them
selves


Mr. Evars-I am afraid, your Honor please we under
take to give


Judge Ncson-I propose to counsel put this
question: and that may sly him. perhaps Repeat your last
question: please.


Mr. shearman-I ask II there any point of weakness in
Mrs Ions character in your obervaton' A Yes Sir there
point of weakness.


MRS. TILTON THE SUBMISSIVE CREATURE OF HER


HUSBANDS WILL


O. What was that? A. She never seemed to have
the power living her life in opposition to her hus
bands wishes; she perfectly dominated apparently by his
will.


Mr. Fulerton-Just one moment move Sir TO strike that
out that proper evidence in this Under the form
question whether this lady had any weakness they
seek get evidence that this dominated by her
husbands will


MIR B,ach-Apparently dominated


Mr. Fulerton-Appareny doninIcl by her husbands will
Mr. Beach-And that is 4 matter 10 be proved by facts.
Freron-That be proved by the opinion Of any
witness however intimate nay with the parties
II that susceptible OF proof at al which deny it
would have be established by instances OF some kind and





Judge NesonMr sbcarman Let me hear you on that sub
ject am inclined TO think


Mr. Eysrts-The question allowed and allowable. The
responsive the question: it is this adys decar
ton upon nimae and continued observation Of the carac
life Of this lady in her relations to her family and her
husband that though she hal clear intellect intelligent
Judgment and strength OF will and purpose in other regards
yet this very relation, which te subject Of all Others con-
cening which testimony from competent observers be
given she unable in the language think Of this witness
to act out ner own life when in competition with the
will and power OF her husband Now good evidence it
important fact il is in the very of the relation
between husband and vile in respect 10 this matter in con-
troversy here forms and modes in which has been
produced to public attention. aud made the method or is
plans testimony producing it - the jury 10 WIT: what
his vile had said done Now learned friends have no
power nor does th law undertake any such absu9Iy or ius
tce as TO CONTROL or frame mold witness answer to
propr question 1t s the wnc s. moi Of saying the
suit Of an observation making competent to say it, that in
this regard this lalys charac exhibited weakness wit In
the submission the will Of her husband to nodnac and
faulty decree 1t then responsive produces not instances
but resu of observation aud afraid if dis
posed to introduce all the instances OF conduct that we should
find much more decisive objection made by our learned
friends, and certainly the disposition Of your Honor
a. suppose the inclination Of the law is to take all de-
tailed Instances of domestic conduct bat to take from observers
the general disposition attitude AMI conduct AMI relation OF
the parties another exhibited Such was the course
On the testimony for the plaintiff such understand 10 be
the proper course.


Judge NcsOnI think Twill let The answer stand gentlemen
Let the answer stand.


Mr. Porter-W yorr Honor permit to suggest that my
friend Mr. Shcarman quite i'll day and would ask the
favor that he permitted the Witness retaining his
scat


Judge Neilson-Ycs, Sir.