The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-10
THE ENDURING TRIAL.
Conduct of the Opposing
Counsel Contrasted.
MIR. BOWEN'S IMPORTANCE.
His Evidence Not as Startling as
Was Expected.

traordinary sensation in the rnton- Be echer trial.
as was expected. While he remained away from
the witness chair the impression was that If he
chose TO tell all ne knew Mr. Bowen could upset
much OF the evidence given by the defendant and
bis adherents; yet his appearance in the court
room, though a dramatic incident in tnis very
.stagcyu cause celeore. did not lurnish chat pah
uum oil prurient information 50 eagerly looked
Tor by many. That Mr.. Bowen can tell very
startling ale Is quite evident rom the manner
and substance OF his evidence given so lar, but IL
Is also apparent the careful observer OF the pro-
ceedings that the witness had made up his mind
TO ooly answer trnthfuy Just such questions as
might be put 10 him, ana not volunteer any
thing Even IN his answers, either on the
direct and cross-exaninaton this sphinx OF the
trial was very guarded and sententlous. This Is
shown in his reply to Mr.. Fullerton when asked
II there was any written charge preferred against
Mr.. Beecher at the meeting OF arbitration. he
answered IN the negative simply because the
charges made at that time were preferred ver-
bany. Hao IL been any other OF tte witnesses the
explanation would no doubt nave accompanied
the answer, but to 90 tnat would be entrey In
consistent for Mr.. Bowen VINO is, II he Is anything.
man OF positive and deiiheratiye character.
A DANGEROUS WITNESS
The fact ia the counsel on either side felt that
they were handling a dangerous witness, who IKE
two-edged sword might cut either way, just az
the questions propounded might lead him. Before
Mr. Bowen was called by rne plaintiff ne mad
strenuously and persstently refused 10 tell what
his evidence amounted 10, or how lar
his knowledge of the great scandal EXTENDED.
"Cal me il you want TO or leave me alone, just as
you please; care not" was the substance OF his
replies TO The frequent lnterroga ories OF those
conducting the cas- for the plalntin and defend
ant This fully explains the reluctance Of the de-
gpna pan fnr 1 Il
most casual observer that the counsel VINO are de-
lending Mr.. Beecher place no witness on the stand
without knowing beforehand just what he is going
10 say and now his testimony will anecG tnelr SIDE
Of the case IL may be said that lawyers seldom
10 otherwise, and we admit the fact, but the
Beecher counsel display far greater caution IN this
respect than usual rns IS one Of the features OF
the trial that really does Mr. Beecher more narm
tnan good; ior as the counsel defending him
snow caution and distrust OF witnesses. so the
outside pubic ABSORB the idea that they are
afraid OF the truth, or at least portion
oft. This is not mentioned to prejudice the cause
for the defence, but IN considering the progress
OF events, from an impartial and independent
point o. view, IL would be idle 20 ignore or at
tempt to conceal a fact SO evident.
The caution OF Mr. Beecher's counsel In thus
per Getting what they conceived TO be the best
method OF defending their client from the charge
OF seduction has another enect which, in fact. i'm
perils the future influence OF the defendant more
than anything else.
THE DANGER TO BEEcHER
II Mr.. Beecher were q banker, or O merchant, or
an ordinary man OF business we doubt whether Mr..
Evarts ana his colleagues wonld adopt the tactics
they carry out in this trial. II they aid the same
inference might gain ground and yet the cdent
would not suffer as viii MIR. Beecher. de IS
clergyman, and 10 De useful preacher OF the
Gospel must stand hereafter with no stain
on his moral character But how Is he TO be
ceansed from the present smlrch Ia bis reputation
I the rigid rules 0. legal procedure are to be en-
.orcedf MIR. Beecher's friends claim that he Is in
accent Of the caarge preferred BY Tilton and con-
less that he was more foolish aud impuslve than
ordinary men would be under similar circum-
stances. Yet they seem to forget that while this
explanation seems plausible enough In one sense,
il Is quite incredible when we come 70 consider
the fact that whenever witness Is apparently
approaching the very kernel OF the matter Mr..
Beecher's lawyers are In fever, and perpetually
interrupt the proceedings by Directing and object
log, in the vain hope ana endeavor 10 keep out
testimony VIII ch. II the defendant is the victim OF
a conspiracy as they claim, ought 70 furnish Its
own anudote. When Bessie Turner occupied the
witness chair ana gi0ly recited the actions
OF Tilton and his wife in their private and domes-
tic life the Beecher SIDE appeared TO think that
such evidence was just the thing. They took that
view OF the girls story because 1t painted the
plaintiff Ia darK aud repulsiye outlines, and they
gloated over her testimony for the simple reason
that &c made out the husband 10 be an immoral
man and his vile almost fool sim the evidences
OF Bessie Turner could have been omitted from
tie proceedings ana never be missed mad we not
known that 1t had oeen given. IL had no real sig
dld or did not seduce IltOns wife.
NOW see how oinerenty the opposing counsel
on the direct examination Messrs. Beach aud Ful-
lerton allowed her ~ run on tnppIugly and JOY
ously she tod her story with eyIdegt relish ana
q Iu appreciation or It's salaclous nature. on the
cross-examinat10n they took her over q tortuous
path ana got ner DOWN on the reeora as saying
certain things and giving certain dates. since
tnen the counsel Tor tile plaintiff nave pretty ef-
fectualy disposed OF Miss Bessie, and her evidence
is no more valuable to ne defence tnan so much
white paper. Here was witness handed with
consummate ABILITY and shrewdness. how off
ferent was 10 when Bowen took the witness stand.
Every incn OF ground was fought over, anu so
nerce was the battle at times on the cross-ex-
ANIMATION that the witness, Careful and metGod-
lea as is evidently his nature, was compelled each
time 10 ask the Judge n he snuuld 90 on when the
lawyers nad ended their Temporary wrangle. And
Wnen Nj. Beecaeris counsel got the portentOus
witness IN their hands on cross-examnaton, how
gingerly tney handed ann. Tue ordinary specta-
counsel would nave gone thoroughly into the
matter at issue, and delved Into the secrets sup
posed 10 be hidden Ia M. Bowen's heart. The TACT
. the counsel seem lar more anxious 70 gain the
suit Tor tne sake OF saving TO their chent NE
!endaups moral character. II tue jury lail to
Drlng in a verdict as seems now 10 be the general
expectation, the Beecnerites will OF course claim
the non.resnt OF the trial 10 oe IN reality victory
tor the DEFENDANT; on the principle, PROBABLY, tnat
ball loaf Is better than no bread. But the adj
herents and admirers OF Mr.. BeecRer, aud they
are one and the same thing, seem to wholly forget
that disagreement throws open the whole sub-
lest Tor puDllc discussion. The congregation OF
plymouth cnurcn NAV 20 on increasing III NUM-
GERS, in the absence OF q verdict, but they VIII
probably find that tueir pastor mas lost forever
his outside influence for good.
THE MISTAKE or THE COUNSEL
for the defence ls that they overlook the very inn
pOr ant fact tAat the case Is necessarily being
tired outside the Brooklyn court room DY a jury
lar more Intelligent and 0hsefyant taan the twelve
men who have been selected In the legal proceed
ure 70 decide tue issue between theodore Hilton
anu Henry Ward BeecheT. This jury extends from
M nd IN 4 i'm ana ~ nj Ma n