The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-05-29
THE BEECHER-TILToN TRIAL.
Continuation Of Mr.. Evarts' Argument

We are now brought to consider the
form and nature of the crime imputed. IL
was seduction. Seduction of married
woman during period when she bore chill
dren to her husband. Was there any worse
crime than that ? Was there crime that
was visited with worse punishment from
all kinds Of men than this? The plaintiff
left no obscurity. He had made his charge
and left no improbability as to its nature
by words used If he could make them
dovetail together in phrases and sentences
he thought they would carry conviction
with them. Counsel knew when he heard
all the plaintiffs testimony on the stand
that the devil of lies had played HIM (Til-
tom the same trick that he played all of
his devotees. The intellectual traits that
| had framed this charge were to be despised.
| The whole decalogue was rent assunder by
the woman who was lovely who was the
leader of free doctrines. The jury began
to see that when man began with self
worship, he comes to the necessity that he
can not overturn the laws of responsibility,
and he then illustrates that short and pithy
characterization of the phrase, "'rhc fool
saith In his heart there is no God !" There
was nothing that kept society together but
| iails and handouts. That was the govern
ment of the world. The features of this
case, said counsel, lead to divine faith and
| glory of virtuous and strict society, aud
that as long as the relations OF man to man
and man to God continued as they are,
such crimes are impossible.
The usual recess interviewed here. Occu-
pying seats on the bench during the morn
ing session were Hon. John Jay, late
United States minister to Austra Hon.
Hugh J.. Bond, judge of the circuit court
of the United States for the Fourth dis
trict; Delafield Smith. excorporation
counsel of New York city.
After recess Mr.. Moultou came into
court and sat among the plaintiffs coun-
sell and few minutes after the hour MIR.
Evarts continued his address. He said the
inoredibility OF go fragrant and he nous an
imputation upon excellent people, as he
was justified in calling these people, was
sought to be parted by this plaintiff This
blow was struck as scale of morality OF
religion. They said that this lady never
did anything wrong; that she was pure
minded and had no inclination to do evil
that was the character laid down for her
by her husband. She was Il woman OF
strong intellect, and had read novel in
which there was no adultery but the en-.
tanglement of woman's affection had in.
terfered with her sole devotion TO her hus
band. Counsel then commented or
Beecher's candor, which he sad
made him greater than Theodore Til
ton. Look at the weakness of this brain,
SKID counsel, pointing to Tilton, expecting
this charge of adultery TO be believed
Adultery was thing that touched the in
stitution of marriage and children were in
terested that their futures might not bt
spoiled by vice, in respect to the truthful
ness of their ancestors. This was mirac
ulous adultery, which no person could pre-
vent coming into their families, and com
ing there TO all appearance from the hes
motives We had, said counsel, enough o
testimony from honest hearts in this mi
, raculous case, and when men were slain II
t the defense of truth, it was a miracle the,
e should go through that unless they spolS
the truth. Not very long ago he had
pleasant cartoon of q scene between a cler
D gyman and boy who was asked what
{ miracle was, and he answered the first tim
:, truthfully, that he did not know. Blu
suppose, said the clergyman, you shout
y rise IN the night time, and see the SUI
: shining, what would you say, aud the bo
i. replied, should say it was the moon. But
continued the clergyman, suppose ma
told you It was the sun ~ should say h
c lied" said the boy. But suppose. said tn
| -
= you it was the sun, what would you say
u That you were drunk, rctoried the boy
y So, said counsel, they could see how hare
@ il was t prove miracle. Counsel mad
i. an application of this story to the etfeC
= that when Tlton said that the sins O
J. adultery had arisen, he lied, and whe
:, Moulton sustained it, he was drunk. Mrs
q Moulton, who sustained them both, sal
Mr.. Evarts, was very likely moon.strucl
y These breaehes of morality that threatene
d the center of society could not occur will
a out detracting from all the virtues of life
d a blow would be struck at their own wivt
}. and daughters. Why were they raised j
n distinction of wise and foolish virgins,
r wise virgins, with their lamps lit, were I
n be left in outer darkness while the marriae
feast went on? There was once great al
thority, said counsel, in this world. Or
whose brief sojourn in the flesh had r.
deemed society from the vices which co
rupted it and raised it to its present stan,
ard. He said 1T was needful for man I
testify against man. For, he said, that q
r. deceits, adulteries, foundations and mu
=. ders came from within, and it was the
- that defiled the man. Were he I
Il discard this divine sentiment, O
at which our society had rested IL
IN so long a time; were we
!, abandon these precepts and 60 back to II
IN old physical law of personal society if "
abandoned these prccepts we would hay
q. to get wife deposit company and have
- paramour alarm, by which we might
" summoned to their presence in case of n
&c cessity.
ne Counsel then turned to the Requirement
10 of the law to meet such case as this.
said this was Grim. con. suit, by which
X husband sought damages for the invasiC
ne of his household and the destruction of Il
ID peace and harmony which existed ther
NJ The English law held the indissolubiliiy
y the marriage relation for other cause th'
~ adultery. Parliament would only gra
IN dissolution of marriage for adultery after
IN trial by jury, and in which the husbal
;, would have the right of drawing the par
IL mour into the case, and the law held tn
g. confessions alone were not suffice
mt grounds for the destruction of the marria
fl relation, but only proof of the fact. Pro
30 of actual final bodily contact was require
10 Proof of conduct and disposition for adj
Vs. ferrous purposes, ENHANCEMENT of affectio
"a for adulterous purposes, and of opport
nifty OF companionship and personal co
tact with security, are the new and abs
IL lutte methods of proving the body of I
n crime.