The Portland daily press., 1875-06-23
THE SCANDAL.
Continuation acknowledgement.

tainea one mistake, viz:-that counsel had
privately handed in their requests to charge
month ago. No requests from either side had
been handed in, and if they had he should have
at once handed them to the attorney for the
other side. MY hope" said the Judge, 'has
been that for once a judge could be found SO
entirely fair in his charge that counsel would
pay him the com pliment of not makibg many
requests to charge.
Fullerton-Well, sir, we shall very cheerful
ly acquiesce in that suggestion.
Judge-The jury were in my rooms this
morning and they are still under what L regard
as a mlsapprehension as to the counseps re-
marks.
Judge Fullerton said it was an unfortunate
state of things, but the jury and his honor
would be surprised if what information is daily
conveyed to counsel about the jury even by aft
davits, was known to them. What is in the
possession of counsel will in due time, be put in
possession of the court The judge said he was
glad TO hear counsel say the jury would be sur
prised for that was generating them, and that
was all they wanted.
Mr.. Evarts- Beecher is the defendant in this
action before the tribunals of his country and
he and his counsel meet whatever is alleged
against him or them when presented in the
shape the law makes it possible for them to
meet. Now Fullerton speaks of affidavits, but
your honor sees we cannot meet any statement
of that kind. We also see statements in the
newspapers which it is an awkward thing for
the defendant in the very stress of his life and
after the evidence has closed. to have to meet,
alleged against him. One paper see speaks
Of juror Hall as juryman who does not under
stand English. 1t might as well say your
honor is German.
Laughter.) AS to Hall he has impressed him
self on me as not only understanding English,
but as very sagacious.
Beach then resumed the summing up. He
commented on the "nesthiding" letter and
argued that as Beecher was proved to have
read to Mrs. Tilton the chapter of his novel
Norwood containing the passage "She hid
her love for him as the bird hides it's nest be-
hind the tufts of grass, it was plain that Mrs.
Tilton used the phrase to denote the concealing
of her love for Beecher from everybody. Coun-
sci remarked how strange it was that the nurse
Mrs. Mitchell, who blamed Mouton and Til.
ton SO much for their disturbing visits to the
bedroom of Mrs. Tilton on the night of Dec.
30th, 1870, should at once forget her prudence
when Beecher knocked after Mrs. Tilton had
retired for the night, and admitted him with
out question: shut the door and went down
stairs for an hour until Beecher went away.
1t was circumstance, counsel said, that
will excite disagreeable surmises taken in con-
nection with the charge of improper relations,
and furnishing az opportunity required by law
to sustain the charge. The testimony of Rich
ards, brother of Mrs. Tilton, was then read. 1t
was to the effect that on his opening the parlor
door Mrs. Tilton suddenly moved away with
burning cheeks from where Beecher sat, and
the circumstance, with others, made an indeli-
BILE impression on his mind. Counsel for the
plaintiff, said Beach. felt the horror of the me-
cessity of putting brother on the stand to
testify to his sisters unchastity, and the jury
must have noticed that when he evaded Cir
cumstantial description counsel did not press
him for they had got enough in the Judgment
of law. That was not the attitude Of prayer
in which he found them.
Redpath's testimony was next read, and great
stress was laid on the part where he describes
his interview with Beecher in July, 1874, in
which Beecher, knowing that he was charged
with adultery. said, II shall tell the truth;
shall make clean breast of it and vindicate
Theodore and Elizabeth If his position to.
day be true how, asked counsel, could either
Theodore or Elizabeth be indicated? No hu-
man ingenuity could reconcile his then frame
of mind, for while conscience was urging him
to duty with conscious innocence to confess,
but that confession was never made, for Beech
er fell under the control of his lawyers, Tracy
and Shearman. This contest is not the result
of the noble and generous nature of the de-
PENDANT, and had he been free from the snarls
and influences that surrounded him, this scan
dal would have been saved to the community.
Mr.. Morse's letter to Beecher, describing her
daughters condition, and which charges all the
misery on Beecher was here read, and the fact
was noted that Beecher made no remonstrance
in his reply. There was not single show of
indignation at the imputation. Counsel also
read Mrs. Morse's letter of three months later
addressing Beecher as my dear son"-the man
accused of seducing her daughter. Inlthis let
ter she speaks of the domestic wants of her.
self and daughter, applies for help and invites
him to visit them, promising that that secret
of hers MRS. Tilton, s. life will not be mention
ed''
Counsel asked why it was that Beecher called
Mrs. Morse dangerous woman. Why was
there no explanation of these significant let
tiers, why was not Mrs. Morse called to explain
them? Counsel asked the jury to imagine if
they could any explanation consistent with the
Tilton's audacious letter, demanding that he
should quit Brooklyn, and making no explana-
ton when Bowen called on him with that let
ter.
The next argument was that Beecher would
not sit silent in the attitude of the culprit I'M
der the accusation of Bowen made to Howard
in 1870 unless he was guilty. Bowen told How
ard that his reconciliation with Beecher did
not include anything which if mentioned would
drive Beecher out of Brooklyn, and that Beech
er dare not deny it. No denial was made and
Bowen is still a member of his church. Re-
cess.
At2.15 Beach resumed. He said it was i'm
possible to doubt from all the facts that Beech
er had been carrying a corroding secret and
the secret was explained by the oaths of three
witnesses who are fortified by the upbraiding
of Mrs. Morse, Beecher's remorseful letter and
so many other circumstances.
On the question of blackmail counsel said all
the witnesses for the defence were sworn to
support the theory that Mouton and Tilton had
been holding the accusation over Beecher to
extort money, but Beecher himself swore there
was no intimidation of him and that it was act
ing on his generous feeling that Moulton got
money from him to aid TiIton. 1t was plain
that Sam Wilkeson was mistaken in teStifying
that Tilton met him in the street and said he
was going to publish his story unless he was
paid and that suit should go on, for the arbi-
tration had been agreed upon and was con-
summated that very evening and the money
paid. Supposing every word of Bessie Turner's
testimony true it does not contradict Beecher's
guilt. On the contrry it proves Tilton was
constantly accusing his wife of adultery, but it
is intrinsioally incredible; 1t is impossible
Tilton could have accused his wife in the pres.
ence of Bessie Turner of lewdness and yet con.
tinue holding her to his heart and protecting
her by every device. The entire absence of
motives render this incredible, but there was
foundation for it all because as Mrs. Tilton
complained Tllton was continually harping on
her fault. With regard to Miss Turner's story
that TiltOn carried her from her bed to his own
counsel asked the jury whether they believed
she could be carried sleeping as she says, and
what motive could Tilton have for remov ing
her if he had any base designs. In the pru-
counsel did not care to accuse her of deliberate
falsehood. One thing Bessie Turner did prove.
Tracy talks o. conspiracy and says in all his in
tercourse with Tilton and Moulton the charge
was improper advances and that there was
never word about adultery. But Bessie Tur-
ner testifies that as far back as Dec. IA, 1870,
Tilton had accused his wife of adultery. When
this issue was pressed to investigation denial
became at once a necessity for Mr. Beecher.
But the horror that is pressing upon the minds
of some of the jury is ''Can such man outrage
the law of his God and fellow man by backing
bis denial with a false oath?" That he has
done it in form and seeming is as plain as the
force of human evidence can make it,
He has quoted his conscience in some way
consistently with the denial or three witnesses
have invented and sworn 10 false charges
against pure, good man. Counsel here read
letter which points ont that the code of hon.
or oblges man to protect the character of a
woman even if lying is necessary. That cas-
uist says the essence of a lie is malice and that
deviation from truth may be the duty, and that
ST. Alphonsus Signori, who is high authority
with Caltrabis, though not in repute among
Professionals, teaches that a woman who has
committed adultery is bound to protect her
reputation and her children by lie, and that
on Nov. 5, Thos. K. Beecher. brother of the
defendant, wrote Perjury to advance thinkers
is no SIM" Counsel also cited Denman, coun-
sci for Queen Caroline, who declared that the
alleged paramour was not called because no
man would believe an adulterer in denying his
guilt. The sentiment of mankind would up