The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-02-26
THE SCANDAL.


and the burden of giving the proof OF
it lay with the prosecution. 1t was not for the
to prove his innocence, but Tor the
other side to prove his guilt. They knew now
difficult it was for any one charged with the
commission of this otfense to prove his lnno'
cence by denying it on the witness stanu.
When he is accused of this otfense all he can
do is to give denial of it and bring his pre-
vious good character to bear upon it. Ihese
parties had been acquaiAted for 20 years ana
during that time this lady was the wife OF
Tiltou. She was member OF the
church and her husband aud pastor up to four
years ago were the warmeSt friends. You VIII
gentlemen, the story told by this
woman reeling from the dense OF pollution,
Kate Cary or Kate Smith as she called herself
who swore that she saw the plaintiffs wife SIT
ting on the lap of her pastor and heard MN
say Elizabeth, how do you feel?' and her re-
ply was of "Dear father, L feel so, so.'
The audience here burst into laughter, IN
which Mr.. Beecher and his wife joined. When
this had subsidized Mr.. Tracy continued: And
now gentlemen you will remember the story
told by Mrs. Tllton's brother. when on one &C.
casion he went into the parOr, at what time ne
does not know, Mrs. Tilton was moving rapidly
away with her face flushed, Beecher sat quite
still This was not in bedroom but in the
parlor of the house. This case stood entirely
aloof from that sort of evidence which is relied
upon to prove the offence True, there were
oral confessions, but these came only from one
family, that of Moulton, for the counsel would
include Theo. Tlton in that family. The only
evidence given as to the confessions OF MIR.
Beecher was by Moulton, his wife and the
plaintiff. In this action there was another
man whom they had omitted to call IN the
case, and the reason they did do so was because
they were afraid that his testimony would be
blasted Counsel submitted that through the
trial nothing was adducd to prove the Grimm
alty of the defendant, and the whole matter
wasicooked by the fertile brain of the plaintiff
in this action. In regard to the Importance OF
and confession of evidence, the counsel said his
quotations from legal authority. Mr.. Porter
rose and read several cases.
Gen. Tracy then continued reading his ad-
dress: We shall, he said, produce witnesses
whose character you shall not doubt, who shall
repeat accurately what they have heard and
who are Influenced by no motive but to tell the
whole truth and nothing but the truth. He
would show them that the witnesses for the
prosecution were not to be believed, and that
they had the strongest motives for fastening
the guilt ON the defendant. He would now go
hack to the period when Tilton told Bowen
that Beecher was guilty of making unhandsome
proposals to his wife. This, said counsel, was
done to prevent Mr. Bowen from uniting with
Beecher against him (Tilton). The latter was
only seeking to save his contracts with Bowen
Bowen had no objection to joining Illton IN
the war against Beecher, provided he could DO
Beechers resignation was sent and MT. Beech
er's reply to Mr. Bowen was, What does
this mean? This man is mad, and he there
upon told Bowen Mr.. Titon's former llfe
Bowen having made certain that Beecher ana
Tlton could not unite against him he fastened
to discharge him, as was told here by the PLAIN
tiff himself Judge Porter then read some
cases on the law of conspiracy.
Gen Tracy then continued reviewing the re-
lations of Bowen, Beecher and Tilton, and said,
referring to Moulton and Tilton's story, / APP
peal to the "True Story as written by Tilton,
briefly glanced over the various incidents con.
tanned IN the True Story in the midst of
which he was interrupted by the usual recess
After the recess Gen. Tracy continued his
opening address He said that Tilton consult.
ed no person when he wrote the True Story.
He had taken the challenge to one OF the fore
most men IN Brooklyn unsupported save alone
by his own word. 1t was essential that Mr..
Titon should have an interview with Mr..
Beecber in which he might show him he had
some grounds to base this story. This long
story did not come from the weak vacillatlng
brain of Tilton, but from the stronger one OF
his friend Mrs. Titon was sick and he
forced out the nurse in attendance upon her
and caused her to sign the letter asking Beech
er to grant an interview to Tilton. 1t is hard,
ly necessary, said the counsel, that should
devote much time describing Francis ID. Moul-
lie
for ten days and were able to form some opin-
ion. He was man, cold, fearless and calcu-
lating, one who was calculated to deceive even
the very elect. He admitted that be was q
heather. He was the junior member OF one OF
the largest commercial firms in this city.
There were interests in Albany and elsewhere
which called the attention of this junior mem
Der there, and his partnership with this firm
ceased when his influence in these quarters
was destroyed. Moulton had access to the
III lad hxT
Tilton in 1870. Mr.. Moulton tells you that he
became acquainted with Beecher's crime and
obtained his friendship, after learn
ing that he had debauched his old
friends wife. There never was a note
written by Mr.. Moulton,. which was
not written with Mr. Tilton's consent, and
never was there statement made by Moulton
which was not dictated by Tilton. Another
thing they should bear in mind was the letter
of Aug. 9th, sent by MOulton to Beecher. 1t
was copied in short hand by Tilton before IL
was sent; yet Moulton tells you that Triton
never copied the correspondence in his pos
session and Titon admits that he took short
hand notes of most of them when they were
read to him. The counsel referred to the &C.
workmanship that these men, Tilton and
Meulton, formed with Mrs. Victoria woodruff
and of the latter's wife having kissed her on
one occasion. He likened Monitor with his
cold, calculating face to picture OF Judas Is
CARROT. which was exhibited ia a cathedral in
Milan. Cat this point made by the counsel the
audience fairly roared with laughter and there
were slight signs of approbaton.) :,
Judge Nelson interrupted the counsePs ad-
dress andchecked the threatened applause warn
ing the spectators that if this occurred again he
would adjourn the court.
Gen. Tracy continued tracing Moulton's
course in the case and said all of this story,
since the time of the church committee has
been inconsistent with the actions OF the plain
tiff to sustain the charge of adultery. On that
stormy night OF the interview in MOulton's
house they brOuy ht Beecher there to make
their charge against him and that charge, de-
clared the counsel, was not to be adultery
There we're no charges of adultery until Mrs.
Tilton left her home at the instigation of Mrs.
Morse and found Beecher was ia consultation
with her. and he was threatened with dsmis-
sal from the Independent, and this plot he
Matched up with Henry G. Bowen. He formed
this conspiracy to drive Beecher out OF Brook
Iyn, and this was the only question when Fran
els d. Moulton entered it. If Theodore Tilton
was man of flesh and blood he could not
have carried this dread secret in his bosom for
six months without making it out. Before this
it was not adultery but charge OF making I'M
proper proposals and advances to his wife.
Counsel would show them by five persons
that Tilton had charged Beecher with being in
strumental in causing his dismissal from the
independent as had also his (Titon's) wife
and Mrs. Morse; that he had charged Beecher
with improper advances to his wife, and when
Beecber asked an explanation Tilton referred
him to his wife, Tilton tells you in his ''True
Story" that after he told Beecher Of his wife's
accusation he (Beecher) asked permission to go
and see her. But we will show you, said coun-
sci, that Beecher denied the allegation that
Mrs. r. had made any such accusation. Mrs:
T. had forgotten her wording of the letter of
accusation which she had been forced to write,
but when she met Beecher and knew the use
that was being made of her letter, she hasten
ed to write the letter of retraction. Theodore
Tilton had ten days to prepare his statement,
and had access to all the correspondence. In it
he states that after Beecher left MOultOn's on
the night of the interview he came to Mr.. Ill
toms house, and he put words In his mouth IN
the statement which amounted to a confession
of his guilt. Mrs. TiltOn was in bed. asleep,
when Tilton returned that night. Her nurse
was sleeping with her. She awoke, hearing
Tilton talking, and was ordered to leave the
room. She stayed in the next room and heard
Tilton in angry notes forcing his wife to sign
the explanation of her letter of retraction, say
ing that Beecher had extorted the retraction
from her
Beecber had TitOn in his power when he
obtained the letter of retraction and could have
crushed him with it had he wished, and Tilton.
finding he was in Beechers power, obtained
the letters from Mrs. T. to Moulton, asking
him to get the letter of retraction from Beecher
as she wished to burn it. Moulton armed with
this letter went to Beecher for the letter OF re-
traction. Beecher asked what he should 90 II
the retraction was given up M0ulton pledged
his word and honor that he would keep both
letters uf confession and retraction or destroy
Il 4 Of ont no