endured. I thank you, gentlemen, for the strict attention that you have paid o the imperfect presentation I have made of this case. I regret, for the interests of my client, that this duty had not devolved upon one of my abler associates; yet I have the satisfaction of knowing that I have brought to the task a conscientious devotion to the interests of my client, that nothing but a firm conviction of the justness of this case could have inspired. Oh! gentlemen, what a scene is this, what a spectacle we behold here to-day? On the one side you see a man of vast prosperity, surrounded by powerful friends, with unlimited resources. On the other side you see a man powerless and poor, coming to you from a desolate home. Already he has been made the victim of a foul charge, then the victim of a foul slander, and then again the victim of a foul persecution, unparalleled for power and relentlessness. And what has he done? Why, he was the chance possessor of a loving and beloved wife, of a happy and of an innocent home, which his bosom friend, his life-long bosom friend, his pastor, his spiritual adviser, taking advantage of that friendship, taking advantage of his absence and taking advantage of his sacred calling, has dispossessed and despoiled him of. That home is desolated, the hopes of that family blasted, the pillars of that household have been pulled down upon the idols of his worship, and naught but desolation reigns there! Oh, gentlemen, you who have children, you who know what it is to return from your daily labors to the bosom of your happy family, can appreciate the wrong and the suffering that my unhappy client has endured ; but it is to you, as fathers, and as brothers, and as husbands, that we come with our case, and as you love your homes, as you love your families and your children, as you regard the sacredness of your homes, and as you reverence virtue, and respect the sanctity of the family altar, I call upon you in the name of all that has been violated, I call upon you in the name of Christianity, by the teachings of the Saviour upon the Mount, by the law thundered from Mount Sinai, by every consideration that is near and dear to us on earth, I call upon you to brand the seducer as his crime deserves to be branded.

Let it be written on every door throughout the land: "Death, destruction to the seducer;" and when you have rendered that verdict you will receive the prayers and blessings of every virtuous mother and of every virtuous daughter in the land, and a peaceful conscience will follow you through life, will be with you in the last solemn scenes of earth, and console you when at last you stand with your life-record before the ever-living God.

TESTIMONY ON BEHALF OF PLAINTIFF.

AFTERNOON SESSION.

AUGUSTUS MAVERICK, called and affirmed on behalf of plaintiff :

Mr. Fullerton.-Mr. Maverick, where do you reside? A. In this city, sir. Q. Have you been a resident of Brooklyn long? A. About 15 years, with an intermission of a year, I think.

Q. Are you acquainted with Theodore Tilton? A. I am, sir.
Q. How long have you been acquainted with him?

years.

Q. Were you present at his marriage? A. I was, sir.

A. Upwards of 20

Q. When did it take place? A. On the 2d of Qctober, 1855.

Q. Where? A. At Mr. Beecher's house.

Q. Who performed the ceremony ? A. Mr. Beecher.

Q. The defendant in this case? A. Yes, sir.

Mr. Evarts.-All that is admitted by the pleadings.*

Mr. Fullerton.--There are some things that I desire to prove that are not admitted there. [To the witness.] Have you been intimate with his family since his marriage? A. Not for the past six or seven years, not to say intimate. I have been in the habit of going to the house occasionally, but for the last five or six years only very occasionally.

Q. After his marriage were you intimate with him and his family? A. Yes, sir, for a number of years.

Q. Do you know how many children there were or are of that marriage? A. I don't know the present number, sir.

Q. Do you know they have children? A. Yes, sir.

Q. Where did Mr. Tilton reside first after his marriage when he commenced keeping house? A. I can not say where he first resided on going to keeping house, but the first that I visited him after he began to keep house to my knowledge was at his present residence, that is, 174 Livingston-street. That is the first of my actual knowledge of his house-keeping.

Q. You did not visit him at any other place where he kept house? A. Not while they were house-keeping; no, sir.

Q. How frequently did you visit him after his marriage? A. Very

*The fact that the marriage is admitted, does not make it error to allow proof of it, although such proof is superfluous. See Blossom v. Barrett (37 N.Y. 484).

seldom; I made an occasional visit; I can not say that I was upon visiting terms, that is, to be in the habit of frequent and intimate visits; it is not my custom with any one, and he was in the same position.

Q. State, if you please, whom he married?

A. Elizabeth Richards.

Q. Was she a resident of Brooklyn? A. Yes, sir. [There was no cross-examination.]

FRANCIS D. MOULTON, called and sworn on behalf of plaintiff. In answer to introductory questions of the usual character, the witness testified that he resided at 49 Remsen-st., in the city of Brooklyn, and that he had lived in Brooklyn for about ten years. That he formerly resided in Forty-ninth-street, New York, in which city he was born. That he is now engaged in business in Brooklyn and New York, with the firm of Woodruff & Robinson, of which he has been a member since 1864, having been connected with the firm for ten years previous, as clerk. That he was married to his present wife, Emma Moulton, in 1861. That he became acquainted with the plaintiff in 1849, while a student at the New York Free Academy, and had been intimately acquainted with him ever since, and is acquainted with his family.

Mr. Fullerton.-How many children has he? A. Four or five.

Q. Will you give us their names? A. Florence.

Q. How old is she? A. I believe she is sixteen years of age.

Q. Is she the oldest? A. She is the oldest.

Q. The next, please? A. Carroll, a boy.

Q. How old is he? A. About, I guess, eleven years old. And Alice. Q. Her age, please, as near as you can recollect. A. I think Carroll is younger than Alice; Alice, I guess, is about thirteen years of age; thirteen or fourteen.

Q. There is still another, I believe? A. Yes: I don't know the name of that child, sir; it was called Frank at one time; I understand that the name of the child has been changed since then.

Mr. Ecarts.-You knew it as Frank? A. I knew it as Ralph and Frank; it was Ralph at first, and then it was changed to Frank, as an expression of the sense of its mother of my fidelity to her and its interests.

Mr. Ecarts.-That is immaterial. A. Certainly; I knew the child as well by the name of Frank.

Mr. Fullerton.-Have they lost any children? A. I believe one, sir.

Q. Do you recollect when that occurred? A. I do not remember precisely the date, sir; somewhere in 1869, I think, or 1868.

Q. The youngest child that you have spoken of, Ralph or Frank, what is its age, as near as you can tell? A. Five or six years of age; six years I should say; five years of age.

Q. Have you been upon terms of intimacy with the family of Mr. Tilton? A. I have; yes.

Q. What was the relation existing between Theodore Tilton and his wife up to the year 1870, so far as affection is concerned? A. Well, sir, I never knew of any difference in the family up to that time.

Q. You knew of no estrangement? A. None, sir; no.

Q. Do you know Henry Ward Beecher ? A: I do.

Q. How long have you been acquainted with him? A. Intimately, sir, since the 30th of December, 1870.

Q. And before that did you know him? A. Not very well; no sir.

Q. Did you have a speaking acquaintance with him before that? A. Yes, sir. Q. For how long a time? A. I think that the first time I met him to speak to him was in 1868, in his church.

Q. Under what circumstances? A. In his church; I was in church with Mr. Tilton and his wife. Mr. Tilton and myself had just returned from an excursion into the country, and Mr. Beecher came to the pew to greet us. That, I think, was the first time.

Q. After that, and up to 1870, when your intimate acquaintance commenced, were you on speaking terms with him? Had you met him in the meantime? A. I met him at Page's studio.

Q. Under what circumstances? A. He was having his portrait painted, and I was having mine; I met him casually.

Q. How frequently did you meet him there? A. I met him not to exceed three or four times.

Q. You may state the time when you met him at Page's, if you please? A. I think it was in 1869; I think that is the year.

Q. Do you know where Mr. Beecher resided at that time? A. I understand that he resided in Brooklyn.

Q. I want to call your attention to the month of December, 1870. Did you meet Mr. Beecher during the latter part of that month? A. The latter part of the month of December, 1870? Yes, sir.

Q. Where? A. At his house.

Q. Did you have any conversation with him? Yes, sir.

Q. State, if you please, what that conversation was? A. I said to him I met him in his parlor

Q. Do you recollect the day of the month? A. Yes, sir; December the 30th.

Q. Now, you may narrate the conversation between you? A. Any of the incidents preceding it; to tell how I met him?

Q. No, sir; just narrate the conversation first, and then I will ask you what induced the conversation.

Mr. Ecarts.-Mr. Moulton, will you be so good as to give it in the person of the speaker, what you said, and what he said, as far as you can? A. Thank you, I will.

Mr. Beach.-No, sir; that is not so unless you undertake to repeat his precise language. You may give the substance of it, if you do not recollect the precise words. A. Yes, sir; I said to Mr. Beecher in his parlor, "Mr. Beecher, Mr. Theodore Tilton is at my house and wishes to see you."

Mr. Fullerton.-Now, let us have it fairly understood. Do you give the substance now as nearly as you can recollect it, or the words? A. I am giving it as nearly to the words as I can remember it. I certainly am giving the substance.

Q. And do not profess to give the exact words? A. No, sir.

Q. Very well. Now go on with the narration. A. I said, "Theodore Tilton is at my house, and wishes to see you to-night." He said: "This is Friday night; this is prayer-meeting night; I can not go to see him." "Well," I said, "he wants to see you with regard to your relations with his family, and with regard to the letter that he has sent to you through Mr. Bowen. I think you better go to see him." I said: "You better send somebody down to attend to your prayer-meeting for you,” and he did.

Q. State what occurred in reference to that? A. He called to somebody in the room adjoining and told them-he sent some message to his prayermeeting; I don't remember what it was, but he went out of the house with me, at my request.

Q. And where did you go? A. Went down to my house, sir, where Mr. Tilton was.

Q. Where did he go after he entered your house? A. He went into the front chamber upstairs, where Mr. Tilton was.

Q. And where did you go? A. I remained in the parlor.

Q. Now, Mr. Moulton, state whether that request of yours of Mr. Beecher to go to your house, was in consequence of anything that had occurred between yourself and Mr. Tilton prior to your going there? JUDGE NEILSON.-[To the witness.] Say yes or no, sir.

A. Yes.

Q. Was any conversation had between you on your way from Mr. Beecher's house to your own? A. Yes, sir.

Q. State what that conversation was, as near as you can? A. As we were going down the steps, Mr. Beecher says, "What can I do? What can I do?" And I said, "I don't know. I am not a Christian; I am a heathen; but I will try to show you how well a heathen can serve you; I will try to do, you some good; I will try to help you;" and we walked along together, and I told him what Mr. Bowen had said to Mr. Tilton concerning his adulteries. I told him that Mr. Bowen had charged him with adulteries, in the presence of Mr. Tilton and Oliver Johnson, and

Q. What reply? Go on with the narration. A. Yes, I will; and he said that was singular; when Bowen brought to him that letter, he pledged his friendship to him; he did not inform him that he had told Tilton any such thing; and he told me furthermore that he had sympathized with Bowen in the stories told him against Tilton; that Bowen told him some stories against Tilton, and that he had sympathized with them. Another remark that he made was, "This is a terrible night; there is an appropriateness in this storm." We reached the house.

Q. You spoke of a letter which Mr. Tilton had written to him through Mr. Bowen? A. Yes, sir.

Q. Did you ever see that letter? A. Did I ever see it?

Q. Yes, sir? A. Yes, sir; I have seen it; I had not seen it at that timethe original letter that was delivered.

Q. Did you ever have it in your possession? A. Yes, sir.

[Some incidental conversation in search for papers is here omitted.]

Q. How long was Mr. Beecher up in this front room of which you have