The Portland daily press., 1875-06-12
THE SCANDAL.
Mr, Beach's Argument.

toms counsel it was ascertalned that Beach
is very much exhausted and has no idea OF
continuing after four o'clock this afternoon, as
it was rumored he would. nor OF speaking on
Saturday, unless the Judge so orders. A loud
clapping of hands outside announced Beach's
arrival. Moulton wore white vest and tie,
and gold studs. His rough, tawny HAIR was
trimmed and smoothed. Tilton wore con-
spicuous looking, large, pale blue necktle
Gen, Prior, who has returned from a Vislt 10
his reconstructed friends in Virginia, was IN
his old place beside Titon.
There was attempt to get up applause
| when he came in.
Mr. Beach resumed shortly after IL o'clock,
taking up Evarts' argument that Moulton act
ed dishonorable part in not burning all the
scandal papers after the arbitration and award.
Iu answer to this he argued that the papers
had no connection with the arbitration at ALL
| and that Moulton heard about the burning was
Sam Wilkeson's request to burn Beechers
| apology for improper advances, and there was
| no obligation whatever to burn these papers
There was no obligation on the part OF Moul-
| ton as the custodian of the papers of Beech
| er and Titon to do as Wilkeson suggested with
any request by parties The papers are now I'D
| court and speak for themselves, and even II III
| the exuberance of restored friendship Hilton
| and Moulton had promised to burn them, that
makes no difference in the construction OF
| these papers. 1t was no reflection on Moulton S
sincerity or honor that he had not burned them,
even though Beecher supposed that ne mad:
he had burned the papers, he laughed and SAID,
''Yes, Beecher thinks that have; but it did
what would Theodore do in case OF troubeY'
Counsel answered this testimony by urging
| that the secret was contided to too many mouths
| to remain secret very long. Tilton's Difficult
| ty with Beecher had not been settled by arol'
| tration, which was simply matter OF claim
| for damages against Bowen, and 1t was only
after that matter was settled arbitrator, frlends
| of Beecher, may have suggested the destruc-
| ton of the scandal papers; but there was no
| submission of that scandal to arbitrators, and
| if there was the defence would prove 1t as
| an estoppel and bar to this suit. Moulton
| was then God given" friend and the staf
| on which Beecher leaned He could not even
receive a letter from Woodruff without con-
| sulting .Moulton. One paper is destroyed and
| there is clamorous cutlery. The rest are pre-
| served and there is a ferocous howl. Ii these
papers are so trif1ng and their contents so east
| iy reconciled with Beecher's innocence, what's
| the trouble, gentlemen? (Appause) Con-
| strue your own way SO that you acquit Beech
| er, if you can, and will 6less God Ior IL.
Counsel did not feel called upon to vlndlcate
| Bowen. On the Goth of December Bowen re.
vealed to Tilton scandalous stories about
Beecher, and suggested that Tilton write
| note calling upon Beecher flor reasons whlcn
| you explicitly understand to quit Brooklyn,
| and he would support Tlton in that demand
Bat after carrying that letter to beecher,
| Bowen betrayed Titon instead of backing him
| up with proof. and of that we have no explana-
|
| defence never asked him if it was true as
| Tilton swore, that he declared, from evidence
| in his own hands, Beecher to be an unit occu-
pant of the pulpit, and urged that lmperlous
| Ietter-a somewhat significant omission. Beach
| here TUNED to Evarts and said, see my TREND
| smile ironically. l will be happy to give him
an opportunity to explain if he can, even now,
why he omitted to do this. (Laughter.) He
| knew we couldn't do it, but the whole range OF
| inquiry was open to him. Oh, if he could con-
| tradict Tilton through Bowen on material
fact, how gladly he would do it, and how that
Latin maxim, "Fdlsus in uno, fdtsus IN onas.
| bus,' would roll from his tongue. (Roars OF
| laughter.)
At this point Beach related with great droll-
| ery of manner an anecdote which he said would
| prove that Punch and Evarts were plaglarlsts III
their Illustrations of miracles. An Irish priest
| gave in his sermon one Sunday definition OF
| miracle learned and very satisfactory to him.
self. One of his rustic hearers went to him
| after service and asked his reverence to make
it little palmer. 'Oh, yes" said the priest
There was spasmodic movement OF expansion
through the doorway. did that hurt you,
| Pat?" asked the priest. "Ah, yes Sir tell
| you it did, and said the priest u tell you 1T
would be miracle if it didn't. Roars OF
| laughter.) In explanation OF the miraculous
| calmness of Tilton at tue interview OF Jan. LIST
| with the alleged seducer counsel insisted 1t was
| plain that Triton had yielded to his wife's Gu
treaties ard Gained himself for her sake, and,
as he swore, had given her a pledge not 10
| assail Beecher But if it was untrue that
| Tiltou had informed Bowen of Beecher's un
| chsste conduct, when Bowen was on the stand,
| the man who betrayed Tilton, what was easier
for the defence than to ask him, and thus over
| whelm the prosecution. with confusion! Inc
| deadly secret had long been ranking in the
| heart of Mrs. Tilton, and hence her letters OF
| self-deprecation and sorrow, and her illusions
| to the great sorrow that was soon to burst on
her husband head. She loved, adored, wor-
1 TT w. Mat ID f
ted on all hands. She was peculiar lady, OF
| a deep. emotional character and eccentric
thought and feelings. The decisions by which
| she was betrayed into submitting to the wishes
| of Mr. Beecher prevented her seeing anything
| wrong in it. But it was the duplicity of her
| life which troubled her. This was OF a de-
| scliption spoken of by Evarts and was intro
duced by prayer and ended by benedictlon.
| (Laughter.) She still loved Beecher and saw
| nothing wrong in the intercourse, hence she
| shrank from being the first to reveal her con-
fession to Beecher, and the problem that exer-
cises Beecher so much is. easily explained
| Here counsel read extracts from Mrs. TIlton's
| letters to her husband, in which she speaks OF
| Beecher as thar beloved man united with Tilton
| in her affection. One of these letters speaks or
| the time 1859 when her confidence in Beech
| ers integrity was shaken, which proved that
| with her spiritual perception TINS woman
noticed IN Beecher something that was wrong.
| Counsel referred to Evarts' Witticlsm about
| Tilton's expression, ITO seud you that letter
of demand to quit the pulpit was grand; not to
| send it would be grander,' and gave beautl-
| full explanation of the truth OF these Words at
| which the audience applauded.
He reminded the jury that the offer to prove
| the contents of Mrs. Tilton's original letter OF
| accusation was ruled out. Tilton read 1T to
Beecher and says it was sexual intimacy,
| Beecher says it was Improper advances"
| Noticing the foreman, Carpenter, smile, Beach
| somewhat warmly, shaking his fist towards
him, declared Carpenter might smile incredu.
| lousy, but he had sworn to give true verdict,
| and counsel was entitled to a respectful hear
ing
Recess was here taken at p, m.
On resuming after recess, Beach dealt with
Evarts' argument that Tilton's narrative OF his
| wife's confession is too full of particularly,
such as adultery was committed at our resi-
| dence, 174 Livingstone street," that guilty
| wife could not control her emotions GO. MS
| he said was Tilton's specification of the COM
| munication, and he put it so because they had
| resided in another street, and adultery was
| committed in Livingstone street AS to her
| naming my pastor, Henry Ward Beecher, as
| her seducer there was wonderful implication
| in the words, and when Jacob was offering to
| serve years for Laban. he described her to ia
| cob as 'thy youngest daughter" Walter Scott
| who had deeply studied human nature in his
| novel Woodstock" has Master Tompkins, one
| of Cromwell's Ironsides, who was an indepen-
| dent preacher and famous exhorter. This
| stern bigot was touched with the softer passion
L
ties, @To the pure all things are pure; sin lieth
not in the act but in thought; the saint is above
| ordinary restraints to the enjoyment OF his
hearts desires and hath privileges forbidden to
the sinner" Now that is the very sentiment
1 attributed to Beecher by two or three witnesses
| and is the mode in which he is represented to
have addressed this lady with all the influences
| of great preacher, and the same idea is sug-
gested by the greathomancer in fidelity to hui
man nature. With regard to the legal PROPOSE
sions on thu subject of confession submitted by
| the Defence counsel admitted them all. Mrs.
| Tiltou's confession is no evidence agai nst
Beecher, granted until it was. communicated
to Beecher and he quailed before his accuser.
| They say it was a forced confession. That is a
| mistake. They say the accusation of Dec. Both
was forced from Mrs. Tilton, but that was not
| it, The confession was made six mouths be.
| fore and was only then related to Beecher, and
| the written accusation made part of the inter-
| view. In reply to the argument of the defence,
"You say Mrs. Titon confessed adultery, yet
| for three years you have been asseverating that
| Beecher's offense was improper advances"
counsel said he had proved by Titon and Moul-
ton that this was done in the interest of Beech
l or md ,,ndar tho nrofesSjoDal advice of Gen.