Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-02-25
REECHFRS DEFENCE.
TRACY GUNENT CONTINUED.
MURDERERS RETRIEVED.
THE TTITON-BEFCHE SIIT.
General Tracey Continues


NFw YORK. February The trial ~ the
IiltOn- -EtpchCr suit was 60 1finuel this morn
ing i'm the BROOKLYN city court .oam. which.
a. ON prvyi"Js days. was packej win spec
tatorS. The PARTIES 10 the suit were all
present. General Tracey continued his h.
dress. Tie said that the charge in this case
was adultery. and the burden of givin proof
Of 10 lay with the proSecut on. II waS
NOT FOR DEFENDANT TO PROVE HIS rNNo-
CFNCF.
hNt Tor the other side 10 prove his guilt.
They knew how difficult it was for any per
son c1arged with the commission nf this Of
fence to prove his limo. ence nv denying tt
on the witUc c.s stand. When he f. accused oT
his offence an De can do Is to give n denial
ot 10. and bring his praViOps gpoi character
To hear upon it The parties hat been ac-
uuaiutgd for twenty wears. aul during that
time this ladN was the wife of TneOlOre
Tilfou. She was "a member of the church.
ans her husband and pastor up to four wears
ago were the Warme~t friends. He visited
their home az illton'S request during that
time, and There was not the slightest eNi-
dcncC Ia show that the defendant WAS guilty
of the Offence imputed 20 him. There was
not the slightest evidence either 10 connect
The offence with
THIS WHTTE-SOUIFD WOMAN
OF having criminal intercourse with her
pastor You VIII remember. gentlemen, the
story told by this woman, reeklng fronlthe
dcnS OF pollution, Kate Cary. oT Kate smith,
as Shc called herself who Swore that she
saw plaintiffs wife sitting on the lap of her
pastor. aud hCaul him saw. "Elizabeth. how
10 YOU fecl'" and her reply. Dear father. I
feel $3.50" Tie audience hero burst into
laughter iD which Beecher and his wife
joined. When this had Sub>idei Tracy con-
unucd. And now. gentlemen. YOU viii re-
member the story told by Mr.. Tilton'S
brother when. on one occasion. he went into
the parlor. AT what lime he does not know.
Mrs. TltOn was moving rapidly away with
her face Bu~had. Bpecher sat quite still. This
was not in n bel ro,ysn. but in the pa rlOr of
the house This case stood entire alOOf from
that sort OF ey ideucg which is relied upon 10
prove this offence. True. there were oral
confessions. but these came only from one
famIly-fhat Of MoUlton- For counsel would
include bon that family Theodore Tiltou. Tie
only evidence given
A. TO THF CONFESSIONS OF BEFgHeR
was 10y Mouiton. his wife and the plaintiff.
There was another man whom they had
omitted to call n the case. and the reason
afraid that hiS testimony would be blasted.
Counsel submitted mat through the whole
trial nothing was aiiduCed 10 prove tire
cIimiUality OF defendant. In regard 70 the
importance OF oral confession as evidence,
counsel said hiS colleague. eX-Judge Porter,
would read few quotations from legal au-
thor'ticS.
Nh PoTtcr then rose and read from copy
of reports OF ihe New Jersey courts. where.
in a case tried there for adultery. both huS-
hand and wife were put OF the stand as wit
neSSeS 10 deny the OffenSe charged. Counsel
cited cases relating 10 oral confessions I'm Ab-
bolts Practice OF Courts. the 34th volume OF
law reports. the cath volume Of the law of
llEgl. and III lTrppuleaf upon evidence.