The Portland daily press., 1875-06-17
THE SCANDAL.
Continuation of Beacil's Argument

bearing out the theory OF the prosecution,
that the words and style are identical.
Now in the letter of contrition Beecher says,
81 will die before any one but myself
shall be inculpated." In the re-
traction, Mrs. Tilton says, "Wearied
by importantly gave my husband letter
inculpating Henry Ward Beecher:" Now
inculpated is not lady's word. and that the
retraction was dictated by Beecher is also
proved by the letter OF recantatlon; IN whleh
Mrs. Tilton informed her husband that she
copied the retraction from paper given her
by Beecher. Again, the defence say that the
letter of recantation was extorted from Mrs.
Tilton by her husband. but Beecher swore he
did not communicate to any one that night
that he had obtained the retraction. Is 1t
not plain therefore that when Tilton returned
home that night his wife voluntarily informed
him Beecher had extracted from her that let
ter of retraction.
Counsel here commented on the curious
fact of Beecher seeing Mrs. Tilton without the
presence of third party under such clrcum-
stances and then keeping secret his having
obtpned from her the retraction. Ii he was
innocent he would have invited Tilton to
come with him and see the horrible hallucln-
alton cleared up. Nay more; if he was IN
nocent how gladly would he have gone back
to Tilton and shown him that retractlon OF
the charge. The defence deny that there was
any proof as to the character OF the accu-
sation in the paper read to Beecher
by Tilton, but Moulton testihes that
Beecher told him the paper SO read pur-
ported to be confession by Mrs. Hilton OF
sexual intercourse with her. Beecher swore
he never acted to her except as an honorable
man. but in July, 1871, she wrote to Tilton
in penitence of spirit, MAY you never have
the misfortune of being misled by good
woman as l have been by good man." She
is represented as suffering under the brutality
of her husband, yet in June, 1871, she
wrote to him that the character OF
Catharine Gaunt, in work OF fiction,
has opened her eyes to her SIN.
No woman would write that I'M
less she felt she had done wrong
to her husband for which she owed him
PREPARATION. She had read that powerfully
written fiction, depicting the consequences OF
misplaced affection of married woman for
priest of God. Her sin was there portrayed
and conscience was aroused. Beecher swears
he made no undue manifestation of love for
her, but she writes to Tilton of wrong she
had done, and that she will preserve her
purity in the future Beecher not only de-
MED all sin with this woman, but purged him.
self of all faint of sensuality and repudlates
even the theory that she had bestowed
her affection on him. She admits ne
labored under the conviction three
or four wears that he had, but he now says
that is a delusion. On that issue counsel
would present her as a witness against
Beecher. She writes. prompted by sense OF
duty. in July, 1870 1 informed my husband
that Henry Ward Beecher, my friend and
pastor, had solicited me to be wife to him,
with all that it implies" and she adds that
this was written to be shown DIR. Storrs.
Which is to be believed Beecher admits in
one breath that when Tilton first made the
charge he made it honestly and believed 1t,
and in the next accuses him of conspiracy and
blackmail.
A great deal had been said about the de-
struction of the original paper in which Mrs.
Tilton is said to have made the charge against
Mr.. Beecher, but if it had been preserved the
same objection would be made as to other
documents, that her husband had extorted it
from her. If it contained only the charge OF
improper advances which he had repulsed,
why need she be SO anxious to have 1t de-
stroyeds But if it was confession OF adul-
terry, how natural her wish for her own and
her children's sake to destroy it. Moulton II
is true promised to preserve it with the rest
made ought he not consider her womanly
anxieties and surrender it to her? Moulton
gave her the paper and she destroyed it, but
he did no harm to Beecher, and he preserved
the retraction, which was Beechers defence
Counsel commented on the strange fact OF
Bowen, who with Tilton was arralgned by
West, a respectable member of the church,
on the charge of bringing scandalous accusa-
tons against their pastor, being still mem
Der of the church. The conclusion he said
must be that there was secret conscious
ness of guilt which restrained Beecher and
made him suffer silently the storm and dark
ness gathering around, and scheme
and work to stife investigation. The
third specification of Vests charges
contained a statement that Tllton
had said to Mrs. Bradshaw that he retracted
none of his charges against Beecher. hilton
swore he communicated to Mrs. Illton
brother in 1870, her confession of adultery
and when Richards was on the stand defence
never asked him if that was true. The
prosecution could not ask him. Their
mouths were closed, but the jury would re-
gard all these circumstances which the
providence of God scatters around the path
of the guilty, (there Beecher smiled), and
YOU gentlemen will regard them, and not al
low this potentate of the pulpit to overturn
your Judgment and scatter all rules for the
consideration of evidence (applause).
At this point Beach adverted to the offer
made by them to allow Mrs. Tilton to testify
He argued that her incapacity might be
waived; that there is no incapacity of any
parties which in a civil case may not be
waived. We are even told constitution
right may be waived in civil cases. There
was nothing to prevent her from testifying, II
both sides agreed. If Beecher and Tilton
consented to her testifying there was no
power in court or in law to exclude her. In
private suits, parties have right to
waive their privileges, and the
law cannot command their course.
The prosecution expected the defence would
offer Mrs. Tilton as witness in the defence
of her rights. When they concluded their
case plaintiff offered to allow her to testify
and it was rejected. All, but, says Mr.. Evarts,
eff you were sincere, you would call her
yourself" Well, standing in the relation she
did, conserving with the defence, it is rather
absuad to think that Tilton would call her
and cut off his right to contradict and
examine. They say it is a great
hardship Mrs. Bcecher wasn't called. Then
why didn't they call her themselves. He
CBeach) was for the fullest investigation.
and would be glad to cross examine her on
certain minor points in the case. If Mrs.
Tilton is sinless. never had temptation to
sin. as Beecher says; if he never addressed
base suggestions to her, or defled her body
sitting in that chair and declaring her limo
cence, her voice would have penetrated
the conscience of the world (applause).
1t is in proof that Mrs. Tilton's confession
was communicated to Mrs Bradshaw, Mrs.
Moulton, Mrs Richards and others, and Hrs.
Tlton dare not in the soemnity of the OCCASION
deny what she has so often asserted. Counsel
trusted the jury had now arrived at the fonclu-
sion that the charge was one of aduiteT, and
deriving it's force and significance finn its
communication to Beecher
The confession of Beeeher would lext be
considered. The prosecution assert thu Beech
er orally and verbally, over and over sIaiD, CON
fessed his crime. Tilton, Moulton ind Mrs.
MoultoB swear that Beecher admitted adultery.
Woodruff. Iilton and Moulton swear that
adultery was tae charge communicated to
Tracy, who assumed to represent Bfecher, and
if as ingle Of these states the Jrlth Beech
or is foresWorn and guilty man.