The Portland daily press., 1875-06-11
THE SCANDAL.
HRr. Beach's Argument.

to bear on the Jury, and also that he had used
the expression referring to Tilton from Richard
Ill, Down. down to hell, and tell them there
I sent thee" Beach replied that in furious
manner Porter addressed to Tilton the words,
Down, down, down." and he (Beach) thought
he meant to consign him to hell.
Beach then resumed his summing up Ihe
point first discussed of Evarts argument was
that it was highly improbable that beecn s
ever used the words "paroxysmal KISS, 1or
differed with Evarts. The word "paroxsymaP'
was adopted into legal use, for instance, the
term ''paroxysmal insanity" and if no wit
nesses but Moulton and TlltOn heard Beecher
use the word his own sermons, hrit series, con-
tain the word plroxysmal used In precisely
several instances of this such as "paroxysmae
contrition," "paroxysmal effect" &c. IN
next point was Moulton's evidence that Beech
er said 81 stand on the brink OF moral mag,
ara Nothing could be more natural, he salde
than for the expression to come from the SAM
source as paroxysmal. If he had said moral
precipice would it be inappropriate? DIR. WAITS
has in one of his hymns Plunged in gulf OF
dark despair and nobody crticises it as inap-
propriate. In his Life Thoughts BeecheI
uses the phrase "philosophic anguish" and
writes about man to whom pumpkins were
an apotheoss. A man who could write tpal
should not be blamed for using the EXPRESSION
''moral Niagara or even to use Porter's ex'
ample, 'moral haystack.. Why, defendant
even writes of the ''ghostly corpse of an apple
pie.' (Laughter.) These expressions, THESE
phrases are Beecher's tracks. They are ms
peculiarities and you find them standing OUT
all over his sermons. There is DO man VINO
assumes more liberties with the English ian
guage or coins mere extravagant, transcendent
al expressions than Beecher, such as umbrella
excuses" typhoid conscience, haliStone
teaching" and ''horse rapture" kind OF rap
10 hau fall i
daughter, in which Beecher and his TRENDS
joined.) Beach gave other examples and sad
Beecher uses apt, heartfelt and forci5le expires
sioas, and it is they which causes people every
Sunday to break out into noisy applause IN tne
holy temple of God, aud they lead to the iden
tity of the man, like the phrase section OF the
lay Of Judgment applied to Mrs. Moulton.
Porter says Beecher never said that 1or ne
doesn't take the day of judgment in sections.
am afraid, said Beach, he will lind In tha
day that there are two sections. tLaughtel
and applause.)
Counsel next undertook to refute the charge
of blasphemy attributed to Tilton in his petty
specu atoms on the consequence if Christ wa,
married, and contended that there was nothing
impious in them.
Beach next referred to Porter's argument
that Moulton. who could call Beecher, whose
friend he pretends to have been, a liar and ny
pocrite, was not to be believed on oatn. ~
not impartial, he is not reliable as witness
for he has applied abusive epithets not only tt
Moulton and Tlton, but to lady. Counse
argued that up TO the time when the charge
backmail was made, Meulton sacrificed every
thing in his friendship for Beecher and ms hasI
expression used in the presence of defendan
did not prove him dishonest, for If he was
true friend it was base and horrld OF Beeche
to blacken him before the world.
Counsel next repealed Porter's accusation tina
Moulton carried pistol to threaten Beecher
The fact was, Moulton carried pistol always
having to be around docks among rough PEG
Pile, and Beecher's own testimony proves tina
Moulton had it for no such purpose. Porter
perversion of facts was part OF the system
abusing these men out of court.
Referring to the failure to call Carpenter
Beach said he was held to rebuff Beecher
necessary, but it was not. Counsel said he hat
now gone Though the whole of Porter's adj
dress. He eulogized Porter, declared he mean
no disrespect for him in anything he saId ant
expected that gentleman would regret the abus'
he had unjustly given to plaintiff to Moultol
and Mrs. Moulton. (Applause.)
tory effort of Porter, he would next take up thu
brilliant address of Evarts, to whom the heav!
part had been assigned. (Laughter.) That gen
tleman had assaulted Tilton for bringing this &C
ton, but it was the ouly remedy the law gave
rilton was held to be contemplate in circles
ing loving and noble, aye, Christian enough tt
forgive his wife and stay his hand from the Sc
Queer. (Applause.) The reasons for that for
giveness will be shown hereafter. No mar
was reader to give the need OF praise to Beech
er than counsel, but when Evarts goes SO far il
bis eulogy as to make it impossible that Beech
er could sin, that this offence would be '.mrac
ulous idolatry," counsel must dissent. Are we
to have new teaching about the fall of man.
Are we to be told there is no one who steals the
livery of heaven to serve the devil in? (Laugh-
teri Was there no fall? If so, where was the
necessity of atonement for the sins of humani-
ty? In the presence of confessions which
could only come from deep depravity, Evarts
stood up there and declared that Beecher was
siness; that it was impossible that he ever was
stained with sin-but 1 deny that, great and
good as Beecher was. he is sinless. There is
no one siness. no, not one. Much as respect
character. especially that of minister OF Him
whom, if / do not adore in Christian spirit, L
yet reverence, I fear when that characte!
comes to challenge inquiry | must say | would
believe the charge of adultery against BeecheI
on the oaths of two men such as Hilton and
Moulton, whom / believe to be as honorable as
any men in their respective spheres. Gap
plause.)
The Judge rsprmauded the audience and
threatened TO close the gallery II the INTERRUPT
ton was renewed.
Recess.
On resuming Mr.. Beech said: With regards
toEyarts assertion that Bartlett, member Of
the bar and one of the Sun association, had ex-
pressed the opinion some time ago that this
Was case of black mail, Mr.. Beach referred
the jury to an article in the Sun recently, pre-
sumably by Bartlett, ridiculing the impeccabll-
ity argument of the defence which would take
Beecher out Of the common category of the hui
man race.
Counsel then proceeded to cite large num-
Der of cases in which ministers had been de-
posed for crimes against chastity, the most not
able casa being that of the Rev. Mr.. French of
Cedar Rapids, known as the "Beecher of the
West" who recently confessed adultery. Coun-
sci referred to the fall of Lucifer, and of two of
the apostles: one who betrayed ana denied ms
Master, to the case of Prof. Webster, and sew
eral others.
Beecher, argued counsel, must be tried like
any other man, and if the weight of his name
and character are not to overturn testimony
and all rules of evidence, where is the defence?
Beecher's robustness as an argument OF his
guilt and as treated of by Evarts, was next dis
cussed, and Beach insisted that men have diff
ferrent degrees of strength OF temptation to
sin, and said there were cases OF ladies of high
degree who cannot resist temptation to steal
and there are similar examples In medical
works of tendency to homicide and arson.
Beecher himself says that men need not tell me
their secret courses. 81 can read it 10 the skin,
in the eye; there is no language ~ that has not
its language and expression. In another
place Beecher writes, In some men tnelr pas
sions predominant with terrific force" In an
other sermon, 'Animal passions of the race do
not seem to have lost any force" and he says
of himself, 81 am man like yourselves and
know my own weaknesses" Beach said he
was not going to adjure against the defendant,
single proposition he did not believe to be
sound. He would not touch the subject at all
if Mr. Evarts had not He would not urge
Beechers physical constitution as an argument
of his incontinence, no matter what some may
think, for however strong the temptation may
be there is God given power of resistance.
quoted. On the subject of love Beecher says,
arms about (Laughter.) Counsel said he
thought there was improper construction put
on this. 1t was figurative, but it showed that
the man has perfect idea of emotions. An.
two souls come together and
unite with each other, no one has right to
NEEDLE with them. They are to be let Alone"
in which passage Mr.. Beach said there was the
element of free love as TiltOn teaches it, not
the gross kind some imagined it. In thase,
counsel said, the jury had picture of Beecher
in his own revelations, not as he is drawn by
his counsel. and with this picture in their
minds they could better understand the evil
dence.
Tracy counted the number of times Moulton
said 81 don't remember" and found it TO be
3O5. Emulating this some one counted the
number of times Beecher said II can't recol-
lect," &C., and it was $50: 81 think" 81 pre-
sume," 245, and 81 don't know 81 times.
Beecber gave full details of conversations at
critical points favorng his theory but he was
very foroetful at other points. The theory of