The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-23


please, OF some rougn materials that were sup
Piled to IL by this Plaintiff My learned friends
inns card of Mrs. Woodruff. dated Nav 20, 1871. in
tne morta IN which sne states, ana states with
the doctrines IN THIS subject OF
FREE LOVE
between the sexes; that she regards as impor-
tant Tor the welfare of society, and as destined to
overthrow the corrupting Influences OF marriage.
Mr.. Fulleron-She gives definition or the doc
trines.
Mr.. Evarrs-She does, and she has done 1t with
sloquence ard with force aud those are the doc
In the lecture. ana which he says are what the
public regard rs the doctrines OF ''iree love-"
Now, the philosophy, the morality. the utility ana
the promise OF Improvement OF society in respect
TO those doctrines or their opposite we DO not at
The pa state OF es mas
In this wide community OF This country me
connection OF the editor and the Importance
and credit that Mr.. Tilton had heretofore had IN
connection with religious publications. and news
papers dId or did not furnish the occasi.. or was
perlty. My learned friend argues that 1t was
caused by another adequate reason, which ne I'm.
plies, doubtless rom the relations OF MI Beecher,
which Is the very subject OF this dispute here.
That Is a matter for him TO argue, and l may ar
que in support OF the various propositions Cnat we
rlahtuly present to Your Honor and TO the jury
upon evidence Justly provided under the ruies or
evidence Tor that purpose. Now, IN regard TO the
Ju. gel assume 1t is Identified, but still regard
1t as a lie OF Mrs. Woodruff ana think 1t Is not
Mr.. Evarfs-Your Honor will note our exception
II you VIII recall what l have alluded TO In this
witness evidence concerning Its being written BY
Judgs-It was prepared by her husband ana re-
vised and re written. and he put his name to 1t.
Mr. Beach-lr that was brought out on their
examination they can't make 1t evidence In that
Mr.. Evarts-It viii turn out on further explora-
ton that Mr.. Tton contributed to 1t; but, OF
course, we can't anticipate now.
Judge-lt assumes tnat the LILLE" represents
her truly or untruly.
MIR. EvarIs-lt is when Mr. Tlton revises It.
Jndge-suppose he mad written lie OF Mr..
MIR. Evarts-we all agree that the life OF this
the connection of this life and Mr.. Tilton as the
author OF the biography Is the point OF view In
Judge-You can cease your argument, sir.
Mr.. Evalts-iOur Honor Will note our excep.
ton.
THE COUNSEL.
Henry Ward Beecher listened to the evidence
designed to get in the Woodruff documents
against Tllton with that keen interest which
showed that he very largely relied upon 1t 10 affect
the jury. His wife, however, went to sleep and
nodded. The Jury listened with the greatest inter-
est.
Mr.. Beach reasons In o compact, powerful way,
holding the defence down to strict construction Of
evidence His manner has nothing OF the airy,
larkke style OF Evarts successfully spiriting Tor
ward his sentences
Higher still and higher
Inc blue deep thou Wlngest
And singing ever soar'st
and soaring ever singest
without using fancy Mr.. Evarts' mind has the
spirit oil fancy, and his argument seems to carol,
descriptive in It's process, and in journalism 1t
would be argumentative sketcn writing. He uses
general terms very mucn, such as 1.-THE philosophy"
"the law of morals,n "the ethics OF the case"
"duty" &c.
Beach has no light graces. He is severe, apt to
wit nj
with no disposition to talk at the audience.
The fight at the hour of recess was intense and
Mr.. Evarts showed several times q smile OF tri-
umpn and look OF disappointment. His peril.
nacity is unintermittent and his plauslblity does
not nag until reluctantly put down.
The Judge at last conceded to Mr. Evarts the
right to read printed copy, but Beach again in
terposed.
The sun broke through the fog at the recess and
hOoded the room with more cheerful light glts-
tening on Mr.. Beachs norid face and making all
the Bar conspicuous in the frame OF DARK heads OF
The spectators. Beach, emphasizing propositions
and adverps, stormed along and Evarts again re.
Piled after mild contab between Beach and him
sell.
THE JUDGES JOKE.
The dereat Of Evarts by the Judge, who ruled 1t
out In o sentence, decided but courteous, was a
back-eet for the defence and greatly relieved
Tilton's counsel. MIR. Beecher looked annoyed
unit! the Judge, as II to give parallel reasoning,
Said
Suppose he had written the lie OF Bowen :
Would that be evidence 2"
This made Beecher laugh, ana Evarts laughed
while noting an exception. The Judges slight
remarks appear to have solldity unknown to
counsei. Mr.. Sherman walked over and whls-
pered to a newspaper reporter.
About this Time the counsel for the defence
were all working close together and devotedly. 1t
was their desire to riddle Moulton ana Triton
through the Woodruff article. Evarts, therefore,
returned again and again TO the matter, seeking TO
get it some way before the jury. Finally he
appeared TO succeed but again the plaintiffs coun-
sci antagonlzed. and the CLOCK touched the hour
Of one.
has been relerred TO AS the Woodruff scandal;
think it was published some time Ill October or
November, 1872; believe MIR. Tllton had been on
O political campaign with Mr.. Greeley; he went to
Cincinnati at tue time OF the Convention; nothing
OF importance occurred in the summer or 1872;
had frequent interviews with Mr.. Beecher alter
the publication OF the woodruff article on the
subject OF tue proper answer to make TO 1t; had
ADVISED silence.
Mr. Evarls-rhat paper, II Your Honor please.
was broug Nv into evidence by our learned lriends
In the way OF testimony concerning 1t and we
understand that they produced 1t IN evidence.
Mr.. tullerton--I don't know how the gentleman
came TO u derstanc that
Mr. Evarts-BS the testimony, II you will look
at 1t. that you being allowed to talk concerning 1t
that 1t was also on the ground that you were
gong to produce 1t in evidence.
Mr.. Full ertOn-l do not recOllecB anything from
when promise could be Implied.
Nr. Lvarts-We viii see the eXamin alton.
Mr. Lvarts then read from the previous testi-
mouy a portion referring TO the nOn-prOduction OF
the artcle that the plaintlis counsel had made
use OF Ia their evidence, and then called upon
them TO produce IL. The PLAINTIFFS counsel stated
they had not got the paper and Mr.. Beach IN re-
ply SAID When the gentleman rises and says he
reads this or any evidence, we assume an applica-
ton legal and honorary TO prouuce this paper.
1 Ceny IL, and the whole effort OF the gentleman Is
to throw upon Us the responsibility OF producing
THIS article or tnls extract from the article.
That article Is tile basis OF vOluminOuS testi-
mony on the part Of this witness as to what COX
place between him and Mr.. Beccner concerning 1t.
IL Is one OF the charges against Mr. Beecher, and
MS action toward the suppression OF what this
article charged Is evidence Of his quit IN conceal
Ing Now, the best evloence, as | have been IN
sisting, is what the article ala charge and there
lore that the article should be produced, did Your
Honor so VIII, ana counsel said he would produce