The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-05-28

ton to be believed of adultery which ceased to
be violation of the conscience and became
only glorious exhibition of the power OF hu-
man love. Adultery. is thing which touches
the institution of marriage, and no confession
can break 1t.
He who laid the moral divisions of the world
meant they should more permanent than the
physical, for he said, "Heaven and earth shall
pass away, but not one jot or little of my WORD
shall pass away" The proposition we have is
that these breaches of morality can occur with
out preliminary moral degradation, low desires
and triumph of flesh over spirit. Admit this,
and you have struck a blow not at Beecher or
Mrs. Tilton but at your own wives and daugh-
tiers. Why do you rear them of wise virgins,
with lamps trimmed and burning? Are they
to be left in outer darkness? Why do you look
at the growing beauty of the face and form?
Because you trust an equal Towering of the i'm
mortal spirit and ind a mothers virtue shows
itself in the beautiful child She teaches the
Ignorant, saves the abandoned, loves her moth
er, her sisters, has her hands full of constant
and useful labors appropriate to her sex and
position; sleeps on pillow prepared by prayer
and watched over by Him to whom prayer Is
sacred. What is all this to you if there IS no
distinction between moral nature and low, base
degradation of the body and what of your
wives. whom You found for fifteen years what
you expected them to be when you Joined hands
with them at the altar, pure, wise and discreet,
loving their children with love that cannot
be defined, if on some 4th of July morning
without temptation and solicitation, and with
out cause, she falls. What shall we believer
That there is no ne cessary connection between
character and conduct, that those sins do not
come from within? VIII you believe those
idle suggestions made by the oaths OF Hilton
and Moultun, or look to higher authority in the
world for a brief space, which redeem the
world and redeemed society from the evils OF
Mganism. 1t was said of Him that He need
ed not as we all need that man should testify
for Him for He knew what was in Him. and
did He not say that from within out of the
heart of men proceed evil though is, fornicA-
tions, adultery, hate, murder, lascivlousness,
blasphemy, pride and fooshness.
This is the basis on which you rest. Chris
tian education which is to preserve the chastity
of your beautiful daughters, aud you watch to
see if there are any beginnings of the way in
you have no fear Are we men to discard this
purifying sentiment on which our society has
rested SO long Are we to abandon these AM
go back to the old system of physical restraint!
| should think not This being the character
of the accused and accuser, let US see what the
law requires as proof This is criminal conneo-
ton, an action by which an injured husband IS
allowed to seek for damages. Fhe action IS an
anomaly, offensive to our civilization and grew
up only under a peculiar position OF the Eng
fish law on divorce. Our law abhors the con-
clusion of guilt unless where, in the MINDS OF
twelve men of variable minds there can De
no other conclusion than guilt. 1t has made
one concession that the very act need not De
proved. Beyond that it will not go. 1t will
not strike a blow in the dark. In this more
than any other case is the feeling of our hui
name law that it is better that ten guilty per-
sons should escape than one innocent person
suffer, for here society is woundef and the
absent are made to suffer- Now something has
been said about evidence. | should think from
these eXtravagant epithets Brooklyn people use
that the best test foe the new bridge is to send
over it train loaded with Brooklyn eptbets,
and if stands that it will bear any strain AS
Junius once said such character as thus plain
tlffs can only escape censure when it escapes
observation. Some may try at great incongen-
fence TO Others to get an easy bed. daughter.
But ALEC in getting into this place he had not
behind him the sympatbizing follower with a
soft pillow. If the fact of Beecher's purity had
not been fundamental question in this case,
if it was between him and another neighbor
equal in society, between two farmers or two
lawyers; il the plaintiff had brought a suit of
this kind would it last one month, one week or
one day. They would have said if you have
been SO good and kind, 50 generous and forgiv-
ing, so amiable in intercourse with the adul
| terer, and received SO many favorS from BIN,
and above all, could live four years with your
wife after adultery, we don't see why we should
trouble ourselves with your misfortune 1t is
better for you aud Elizabeth and the children
that you should remain together, and then
tueT6 lS Ilo OulUuS tdCb Vi tdhluS uOuty Ncl-
dict to this action by this husband against this
defendant They early disclaimed it and my
learned friends substitute the Christian virtue
of revenge-not money but revenge
Mr.. Evarts then paid tribute to Beechers
character and continued: Your verdict on this
issue must be for plaintiff or defendant. We
may consider ourselves prepared now to look
at the question Of circumstantial evidence. All
agree and common sense agrees that where
there are no circumstances before or after es-
tablishing that is an end of circumstantial evil
dence Now tine plaintiff has failed to give
such proof from want of deicacy. He did not
hesitate to put the power of law on Joseph
Richards to make him testify against his Sis
ter to take from the wards of a hospital lying
blinking woman to prove that she saw Mrs,
Mrs. Tilton Beecher's knee and heard him
say, 'Dear Elizabeth, how do you feel?' and
beard her answer. "Father, dear l feel so so. ;"
(Lsughter) They brought Frazier to prove
thata or o'clock in the morning of bright
day ne saw Beecher on the coor step of Tllton's
house waiting for some one to come and open
the doc. This man testified as you remember
that he vent to fish whenever the tide served,
sometimes at o'clock IN the morning. Now
there was 10 evidence that Mrs. Tilton was in
the house, er that Tilton wasn't there, or that
the tide served at that hour, and if it didn't he
was passing here then, for time and tide wait
for no man As to Richards, he tells you that
there was nothing in what he saw. He says
| he opened the prior door and saw his sister
Withdrawing froa proximity to Beecher. He
went in and sho,k Beechers hand. Now it
didn't make mucGmpression on Richards, for
| he never thought worth while to mention
the circumstance toais only sister. This is one
| of the circumstances implying adultery, and
| Inconsistent with everything else,
Counsel here citeo decision In the 31st
Wis, as to the effect otShe character of cler-
gyman as showing the improbability of his
| suddenly turning to lief misconduct. Tho
court adjourned to Friday looming.
MASSACHUSETTS,.