Year: 1875

New York, February l. Judge Nelson gave
his opinion to the right Of Mr.. Tilton to testify
IN determining the question raised by this objection
The court holds first, that the plaintiff is compe-
tent to be sworn and to testify in his own behalf
Second, that as to the principal questions at issue
he is not competent to testify as to any confidential
communication. 1t is considered that this qualified
decision respects the present state of the law Of
evidence and also respects what may remain OF
the rule which imposes silence or restraint by rea-
son of the marital relation and on grounds of pub
lie interest or policy. Theodore Tilton then took
the stand and was sworn. The defence entering
an exception 10 the ruling of the court.
Tilton.


In the Beecher-Tilton case to-day, after recess,
Mr.. Tilten resumed the stand and continued his
testimony. He was asked by ex-Judge Fullerton
to state the contents Of the letter read to Beecher
| at the interview.


This was objected to by Mr.. Evarts, as the letter
had been destroyed. 1t was accordingly ruled out
by the court.


Mr.. Beach argued that this paper had been pre-.
pared, and should be submitted.


Counsel quoted from legal authorities to show
that communications between husband and wife
shown to third party could be proved Judge
Nelson said it would be difficult in the face of
case like this and he would like to hear Mr. Evarts
| on the subject. Mr.. Evarts then rose and argued
| that the confidence of the wife in the husband
was that it was to be used in interviews to sup
press any controversy that might arise. He had
not heard any views to entitle the witness to take
part of that paper and relate its contents He
| held that the whole narrative was inadmissablc,
as being out Of the confidence of the wife and the
| letter and copy had been destroyed.


After some farther argument. Judge Nelson
| said he would still rule out the paper


| Mr. Evarts then moved to rke out this evi
| dence, on the ground that it would dsparage the


wife, as giving proof of the adultery Of the wife
| it not being competent according to lsw.
Judge Nelson refused this and an exception
| was taken.


Witness continued


| the third of January l went to Moultons


and shortly after, Beecher entered the room
Moulton said should not refuse to speak to him


in his house. l replsed, "How could do so
knowing that he had ruined my Wife I" Moutor
| bles himself before you rs before his Godi"


then said, Good morning" Beecher said, 81 do
not put in any plea for myself. If you wish me to
retire from the pulpit only say the word, and


will leave. There will be no selling of the pews,
and will 60 cut of public life. l will either go


out of life by suicide, or journey to some other
part of the world. My wife," said he, Sought


never to know this, for in addition to becoming


his enemy, she would also become mine." He
| said the relation between himself and Elizabeth


was not always marked by sexual intercourse, and
could not offer any excuse for himself He asked


me to believe that he had never sought her fol-


selfish purposes and the intercourse was from mo-


tives of love ond not lust; that she was the only


woman he had ever loved. He asked me if !


could reinstate her in my love and esteem, am


drew picture of man sitting ON brink, am
| said that he was on the edge of hell.


| Iremembor Beecher said something which LEI
| him into violent burst Of grief and his face AS


sumed a reduess, and Moulton asked me to rethc
| and leave him with Beecher, which did
| A few days after this interview Moulton ser
| fer me. Beecher was absent.


| The letter which had written to Bowen, date


the lst of January was under discussion. had
| been sent for in reference to some consultation


about this letter. Moulton read it aloud and tolt
Beecher l had written it thinking that mus


make some explanation to public about the ter


mination of my services with Bowen. l told him
that it was announced in thr papers by Bowen tina
| l was to be editor to tue Brooklyn Uniou ard Z
contributor to the Independent and that these ap


pontents had for some Ieason been cancelled by


Bowen, that the public must be informed of thu


reason of these charges. Beechcr said that so fa
| the charges of Bowen were concerned, he did moi


care about any that he (Bowen) could make
Beecee. also said that there was peculiar malig


nifty in the charges made by Bowen against him
and that he had never committed any violence OIL


any woman. The interview ended by Moultor


asking me to retire as he usually had talk with
Beecher after these interviews. l remember


shortly after to see him as Beecher was there


He said Frank is very sick. He is at the graves


edge. am afraid he will die and what will be


come of our case. Frank has saved me-" 81


saving he kissed me on the forehead and retired


| had another interview with him either at th'


close of that month"; or the beginning of the next


l was sent for by Moulton who had then recovere
and it took place in his house. Beecher was thel
present. Moulton held in his hand letter whic
Beecher had received from Mrs. Morse. Mr.


Beecher had received the letter and it was in res
ton to some statements contained in the letter
hat had haen fOr