The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-08-04
BEECMER-TILTON.
SUMMARY OF MRS. TIIToN's ExAMNAr1o,

NkW 1Ohki August 6,-Ihe following
is a summary OF the long examination o
Mrs. Tilton Friday evening as published
this morning and claimed 10 have beer
obtained directly from the best sources o.
Information:
I Mrs. Tilton testified that che told Mis-.
Anthony the story ot all the accusations
made by her husband, and especially de-
clared 10 her that Mr.. Tilton accused heI
ol intidelity with several other gentlemen
Of Brooklyn beaides Mr.. Beecher. Mrs
Tllton claimed that she assured Miss
Anthony there was not o bit Of truth In
the accusation, and she never gave her
the least reason to assert that che had con.
iessed 10 any act OF wrong doing. Miss
Anthony in turn informed Mrs. Tilton Of
q certain in6delitY on the part Of Mr.. Til.
ton. Mr.. Tilton seemed TO have q sort Of
mania for dlnning into her ears the
belief that Mr., Beecher was guilty.
de used repeatedly 10 take down
the Bible and read TO her the pas
sage: "But l say unto you, that whose
ever looketh on woman to lust after her
hath committed adultery with her In his
heart" and would then say, "There,
Elizabeth, don't you see, Mr.. Beecher is
guilty Of adultery"
Mrs. Tilton being asked il she had the
thought Of adultery in her mind when In
that letter she referred to her sin, answer
ed that she had not the least thought OF
that kind.
WhenMrs. Tilton was removed from
the troubles Of her home and the unhappy
influence Of her husbands treatment, her
thoughts were free to consider scrdpu-
lously what reason there had been for her
husbands perversity, and she realized
then, as never before, how she had allow.
ed her love ior Mr.. Beecher 10 supplsnt
her love for her husband, and expressed
deep contriIion for 1t.
~ RRILRY's DEcnIoN.
The Third District Court room, Brook.
lyn, was again crowded this morning by
those anxious to observe the changing
phases Of the Beecher.Tilton scandal.
When the ordinary routine OF the busi-
ness Of the Court had been disposed Of,
Justice Kelley called the libel case OF
Gaynor vs.. Tilton, instituted last week,
and read the following deCision:
VI entertained complaint in this case
and issued warrant against the defend.
ant l believed 1t to be my duty 10 do
so. l had no knowledge Of the com.
plainant or his position In the matter.
The defendant was arrested on that war.
rant and appeared before me personally
and by counsel, and complainant also an.
peared at the same time, when 1t was ad.
mitted by complainant and thus made
known to me for the first time, that the
complaint was not made with the know
ledge or consent Of the person alleged to
have been libelled. Now, while it is
true that libel is q public OIL
ense, 1t Is also true that 1t Is
such an offense because Of private injury
II in1licts upon the individual libelled.
Complaints OF this kind usually originate
from the person assailed, although 1t isnot
always absolutely essential that this
should be 30; and many cases occur
where third persons may interfere with.
out ircurring odium or censure of any
kind. As the public offence, however,
consists in an injury done or threatened
the individual, It Is hardly consistent to
legal principles to assume a crime from
any composition or publication, however
virulent, when tho person therein men,
toned, who is generally supposed 10 be
the best Judge OF what effects his own
reputation, declines or omits 10 prosecute.
Therefore, as the person mentioned in the
publication complained OF is citizen
to whom the courts are as accessible as 10
the complainant IN this case, and as he
has not seen fit 10 make any complaint
and does not unite In this prosecution,
have concluded that at this stage of the
case that II is my duty 10 dismiss the
complaint, not because The complainant
did not have right TO make it but be.
cause the person alleged TO have been
libelled does not now unite in this prose.
cution. But as l may DO wrong in my
view ol the law 1 will incur no risk Of
error in the matter. shall not therefor
dismiss II now but give notice that
| will do 80 Wednesday morning next at
10 o'clock, to which time this case stands
adjourned. My object in thus post.
pOning the final decision Is to afford the
complainant an opportunity 10 apply to
the Supreme Court Tor q writ Of manda-
mus to compel me 10 proceed, II err In
refusing. In this event shall cheerlully
perform whatever may be regarded as my
duty in the premises, otherwise l shall
terminate the case as ] have already
stated"
When Judge Kelley had finished read
ing his decision Mr.. Gaynor said: "Does
your Honor hold that under the law
have no right to make this complaint 2''
Judge Kelley replied that inasmuch as
he was not supported by the party libeled
he had prepared his decision and would
dismiss the complaint Wednesday next
II no other steps were taken by the com.
plainant.
The Count Joanes here rose to speak,
but ex.Judge Morris, counsel for Mr.. Til.
ton, objected TO the Court hearing any
thing he had 10 say. The Court agreed
with the counsel and the case was finally
adjourned TO Wednesday. st5
The Brooklyn Eagle this afternoon pub.
fishes the following card from H. W.
Sage, Chairman Of the Investigating
COMMITTEE In the Beecher. Tilton case
"The plymouth Church Investigating
Committee earnestly request that Gll par.
ties who have been invited 10 testify be-
fore It on the matter now under ex,
animation, appear before II 10 morrow
(Tuesdsy evening at 8 o'clock. That
will probably be the last meeting OF the
Committee for the reception Of teslimony.'
NEW YORK, Augutt 9.-The Beechel
Investigating Committee continued It.
session this evening. Six Witnesses were
Examined, consisting Of four gentlemen
aud two ladies. Two Of the witnesses
were understood to be Mr.. and Mrs
Beach, friends of Mr.. Beecher, whose
residence adjoins his farm ct Peekskill
The other lady was closely yelled and
could not be Identified. Afel
leaving the house she was accom-
panied by Mr.. ovl r'ngton to the residence
Of MIR. Beecher. The other witnesses
names could not be ascertained. Mrs
ITiltnn'a crnaa eYRIninafinn will ha rnads