The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-05
Something Too Much of This.


the counsel of Mr.. Theodore Tilton have
served notice on Mr.. Beecber demanding q new
trial of the case which only few weeks ago
terminated in Brooklyn. Judge Morris ex-
presses an intention to begin the trial in Sep
TENDER. II Mr. Tilton is still disposed to
exhaust the resources of the law no one can
deny the right which, IN common with every
other citizen, he possesses At The same time,
there are other rights to be considered and,
accordingly, we read with some interest what
the attorneys of Mr.. Tllton tell us as to
their motives in reopening the Beecher case.
Judge Morris thinks the case could be tried in
ten days or a fortnight. He has some "testi-
mony of the gravest Importance" but he would
not say anything about its character, except
that sit will undoubtedly show Mr. Baecher
up in his true colors. These facts, the Judge
thinks, ''leave no loophole of escape for MIR.
Beecher." We infer from what one of the
colleagues of Judge Morris says that this
evidence is that of Mr.. Legs, the druggist
Henry G. Bowen and Joseph Richards.
Furthermore, says Judge Morris, 'Beecher is
O ruined man; the country has put its foot
upon him, his theology and his publications..
IT. as Judge Morris says, Mr.. Beecher is a
ruined man, with 'the foot of the country
upon him." this proposed trial is a cruelty.
But the affectation of anger on the part of
Judge Morris. this surprise of Mr.. Tilton's at
the action of his counsel this mysterious in
dication of new evidence which will offer 'no
loophole of escape" is only repetition of the
nasty drama which for months and months has
occupied the attention of the country. Morally
the jury decided the question of the inno-
cence or the guilt of Mr.. Beecher and'his fit
ness for the Office of Christian minister.
This whole Tlton business has been sham
from beginning to end Tilton was a sham
plaintiff striving for sham verdict. He sued
for damages which he did not want, to prove
the guilt of wife whose faults, which, even if
they were of the gravest character, he had con-
doned, to vindicate a reputation which
he himself had destroyed and to overthrow
an antagonist with whom he had entered
into solemn league and covenant OF peace
Now we are to have this miserable comedy
over again. As to the ''newiy discovered evil
dence' about which Judge Morris is so mystic
rious we have no confidence in it whatever.
Is it the evidence of Mr.. Bowen? Mr..
Bowen was on the stand with abundant OPP
portunity to unbosom himself, but he told
the country nothing. Nor must the counsel
of Mr.. Tilton be SUI prised if the country will
look with difidence upon their ''newly dis
covered evidence" We remember that their
last experiments in this direction were the
affidavits of men now in prison on the charge
of perjury. If Judge Morris has any ''evi-
dence" that he is certain not to be perjury he
could serve his client in no better way than by
simply giving it to the pubic. Otherwise the
public Will believe, as they have every reason
to believe, that this movement of Judge
Morris is only another act in this comedy of
shams.
Mr.. Beecher's innocence or guilt is entirely
out OF the question. The opinion of the
country cannot be changed by another trial
Mr.. Beechers position cannot be injured
more than it ba, been, and certainly Mr.
Tilton's cannot be advanced After six
months Of investigation, the ablest lawyers
at the Bar on either side, judge of high
character and prudence on the Bench, with
every opportunity of proving the truth, the
investigation open to the eyes of the world,
the result was that nine jurymen believed
Tilton and his witnesses to be perjurers, while
three of them believed they told the truth.
This was the end of the most extraordinary
cause in American Jurisprudence. How can
the result be changed? What can Mr.. Tilton
gain by another trial? His position is SO I'M
fortunate that the warmest Office that friend
ship can bestow is to keep him out of the
court room. He is young man of ability,
with years. VIC trust, before him and oppor-
tunities to vindicate the confidence of his
friends. But does he not see that there can
be no position more degrading than for
q man of so much power to spend
months and months in the presence of
n jury asking ''vindcaton" at the expense
of wife whose offences he had pardoned and
of the children she had borne him. who bear
his name and who are to bear it in infamy
and shame through their young lives, simply
to crafty his ambition or his revenge? Does
not Mr. Tilton know that as q plaintiff his
position is that of a beggar that even his
defence came as aims to him? Does he not
feel tnat there could be no more degrading
position for proud man to occupy2 Mr.. Til
tons true course is to throw aside the whole
business, to feel content with the punishment
he has already inflicted on Mr. Beecher-the
misery and degradation of public arraign-
ment, the months of anxiety, the gripping of
his personal fortune, the expenditure of
large Gums OF money. Surely Mr. Tllton's
appetite tor vengeance must be lnsatiate if
this will not satisfy him, and if he does not
now feel that, having given years to
vengeance, he owes something to com
mon decency and TO public propriety, to his
own reputation. which was once SO high, and
which may, by courage and industry, be re-
deemed TO those friends whom he has slcri-