The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-15

ing only the considerate and fair Judgment OF
tnls jury line obtain IL In the ola and rec
ognlzed ways ~ the law, II he cannot win ~ Dy
careful aud Just appeal 10 the Judgment and con-
sciences OF ms triers, why ne VIII relapse nack
into the ignomny and shame which Henry WARD
Beecher ana Plymouth Churcn have succeeded IN
not until tnat judgment shall be pronounced by
tnis jury, VIII Theodore Tilton ever Ialter IN ms
confidence In the integrity Of the law ahd the Jury
Mr.. Evarrs-My learned friend, in stating from
MIS- Moulton's testimony on the subject OF MT.
Beecners examination, that Mrs. llltOn neu from
her husband. spoke or 1t as statement made by
MRS. Mouiton ana not contradlcted oy Mr.. beecner.
Of page S94 and at once see entirely how ne Is
mistaken IN the matter
MIR. Beach, was in error, sir; 1t is contra
die ed.
The Court here took the usual recess.
AFTER THE RECESS
The court was again filed, as many being
forced to remain outside In the corridor es there
were within the chamber. Mr.. Beach held q con-
sultatlon with Messrs. Fullerton and Morris and
then resumed his address to the jury without
abiding to the HERALD publication, which II was
of the proceedings.
Mr.. Beach resuming said There are . few SEN
fences IA "Macaulay's Miscellanles," In az essay
reviewing Bash Montague's ellie OF Lord Bacon"
propnate and expressive TO THIS lncllnal non on
the part or oil OF Us, kindly and indulRently TO
COnAluer the faults or the vices oil LnOSc VINO nave
ministered TO our intellectual enJoyments, either
authors or as statesmen or as orators.
and these suggestions Of Mr.: Macanlay meet meet
very many OF the sentiments Whlcn ! nave
felt In regard to this case, Ia regard 10 Mr..
Beecher IN regard TO other distinguished promi-
nenG men, and nave no doubt will hnd response
In your own emotions connected with the topic,
ar. Macaulay Bays:-"0uT estimate Of character
always depends much upon the manner IN wnicn
that character Affects our own interests ana pas
sions. We find 1t difficult TO think well OF those oy
wnom we are thwarted and depressed, ana we
fatn "A mi "a a
those wac are useful and agreeable 10 as This IS,
we ind, one oil those Illusions TO which the whole
human race IL subject. and which experience ana
reelection can only partially remove. II Is, Ia the
phraseology OF Bacon, Idotd Llbus. Hence IL u
tnat the mora character OF man, eminent
and almost always by external courtesy. me
world derives pleasure and advantage rom the
peri 0Tmances OF such man. Jhe NUMBER OF
those who suffer by hts personal vices Is small In
bis own time when compared with the numoer or
those 20 whom his talents are source OF gratinca,
ton. In q few years those whom he mas injured
have disappeared, but his works remain and are
source or delight TO millions. The genius or
Sallust is still with as, while the millions he plum
dered are forgotten, aud In Clarendon we forget
the oppressor in the historian. Palstan and Tom
shakespesre and the landlords wnoln Fielding
bllEed. We all know how unwilling We are TO
adopt the truth Of
ANY DIsGRAcEFUL STORY
told OF any person whose society We like, ana we
cling TO Inc hope that there may be some extern
uatng circumstances, and just such is tue feeling
which men entertain toward the dead of departed
ages. They have stood, they are. comforters In
sorrow, nurses IN SICKNESS companions In soil
tude. These friendships are exposed TO no danger
from the occurrences Dy which other attachments
may De dissolved. Fortune Is inconstant, tempers
are soured, bonds which seem indlssoluble are up
rooted by interests TO caprice, but such cause
can effect the silent converse which we hold with
the highest human intellects.n The extract sug-
gests The thought generally which 10 applicable 70
Mr.. Beecher. All OF US have been delfghted With
his In teectual Efforts all OF us have been IN
structed by his sermons; oil OF us have
admired his Efforts In the way Of patriot.
Ism, statesmansnip aud politics. We know
crises OF our history We recognize hin as great
preacher, as one who has exercised immense in
nuence over the moralities aud Christianity OF
to-day. and It is hard to attach 10 such a man,
with such a name, the idea OF a degrading sin. Is
Is repusiye TO our sympatnies ana 10 our nature
and feelings. great many say, in very homely
language, "He Is TOO big man 10 be kted.n IL Is
az 15aoTable consideration, IN private aid social
But, gentlemen, l desire 70 impress upoQ yen, II
cam the utter Improperly OF any SUCH senti-
me1t IN q court Of justice. Ny irlenas nave ap.
Their strong appeals 10 this Jury are founded
upon the IDEA or the services Mr.. Bescaer has
rendered In the past upon the assumption that
those services, those nantes tatons OF personal
character coQld not by any possibility be associ-
ated with sininl tendencies or corrupt action,
upon this theory and this assumption they nave
acted, have no Qoubt, VITA strong influence
upon the hearts and sympathies Of this jury. Wen
IL Is very obvious II such considerations are 70
control as IN the positions which we now occupy;
n am to be restrained IN speaking OF Mr. Beecher
light or the proof and II you are TO Judge hun from
considerations or tails character instead Of by TIE
teachings OF tue evidence, u Il guie obvious tnat
we shall not reach Just ana legal result. Nor
shali We reach that conclusion which the intelll-
gent mind OF the world VIII form upon consids ar
ntlon OF this evidence conceding
ALL THR GREAT SERVICES
rendered BY Mr.. Beecner; concedlng all the re
quaItles OF his character. upon wnss
pro position that Mr.. BeeeheE mas been so pure
and spotess as they assume In ms habits OF he
n na Mi
perfectly well understands that we cannot assam
tho private life Of hr. Beecher except In connec-
our hands fun OF evidence that Mr.. Beecher hal
been lcentious IN his private life II We could have
Pr0oHeeS PrO11 NIT 81 numerous 9s exampes "ners no
now charged against hint ID impossible
for Us to prove It Evidence 60 mat effect
special acts OF sinfulneSs, and like every
other man as party or as witness ne Is TO be
won by the exhibition OF his life to public ooser-
vatlon. True, as Mr.. Evarts lnsinu2ted, we could
have asked MI. Beecher, 6ut then u would have
whether even party or q witness was compelled
TO expose himself 10 MANY and disgrace by
answering such . question. In the recent cAss
tried In England, In which
THR PRiScE OF WALES WAS TscULPATED,
q high digniIaTy OF the Bench announced In that
case Ihata WItness was not bound 70 ans wer 70
the question whether or not he mad been guilty OF
adultery. Bui we were not compelled 70 rest
this question OF private lie or private morals
upon the concentration OF Mr.. Beecher.
the man VINO sought to be tnCulpated,
Now the law, In view OF this condition Of things,
presumes that every man, whether standing "a
party or witness, Il presumed 10 possess an
ordinary good character and nothing more he
IL placed upon the same level In tue aspect Of the
law, where ne stands unassalled by direct PROOF,
be stands precisely as the ordinary examples OF
lie ana character surrounding MIN; aud you nave
no right In considering this case, y0u nave no
rignt 10 presume that, up 70 this charged inter-
course VITA Mrs TltOn, Mr. Beecher had been
man entirely relieved from any suspicious OF a ike
Or previous offence. We know that no was &C
cused ofit, Whatever may have been the founds-
ton OF the accusatlon-wnetner under any IN nu-
tnce or control, those accusations were with.
drawn or to what extent BY tue. IT partito agree
ment they mar nave been abandoned Ee wall see
by and pyi
But ~ HE HAD BEgS SUSPECTED
that ne had Deen charged az appears UPON the
record and In tue face OF that evlaenco, a. well as
under the Injunction or the law, our friends upon
tae ether side have authority for assuming tnat
Inc life or Mr.. henry ward Beecher has been so
. xemplarJ and unsuspicious ~ they present ~ In
this argument 20 tRls jury. don't say ne has
been guilty OF any such SIN TAR be u from me;
but say that the only confederation TO be given
TO this IDEA OF character on tne part Of Mr..
Bcecher ID no more significant than would be