The Portland daily press., 1875-04-15

ONN~~SN~N-~~
truthfulness and purity.
Question-When she told you that she
was importuned while sick to make these
charges, did not that convince you of their
untruthfulnesss
Answer-No; yes Oaughter).
Fullerton-Let it stand that way.
In reply to further questions, witness SAID
he did not know in what way he was going
to use the retraction so as not to injure Mrs.
Tilton's husband. He had no solid plan.
After getting it he went to Moulton's the same
night, at his request made at Tilton's door.
He was not thinking whether Moulton knew
about these charges. He didn't argue in his
mind that Tilton probably told Moulton these
charges. If he had supposed Moulton knew
it he would have been anxious to know what
he thought If Moulton knew it witness
might or might not show him the retracton.
That is hypothetical case, and he might do
one thing or the other. He did not promise
Mrs. Tilton not to show it to her husband.
He didn't ask her in what way the paper
might be used against her husband, because
he didn't think it meet to go into prolonged
investigation with woman in her state.
The document called the "midnight letter"
was handed to the witness. He knew from
Moulton of the existence of document sub
stantially of like character. This was on
the evening of the 31st, at witnesses house.
Moulton stood with his overcoat on and read
letter purporting to be from Tilton, stating
what he learned from his wife on returning
home the night before as to a visit made by
witness. On the reading of that Moulton
said he thought witnesses conduct. neither
discreet nor honorable, in going down to OBJ
tain retraction, if his object was pacitica-
ton, because it only tended to make the feel
ing severer. He argued, in reply to Moulton,
| that he had perfect right. Moulton SAID 1t
was taking an unfair advantage. He said on
| the other hand that an unfair advantage had
| been taken of him. After a while Moulton
drew letter from his pocket, purporting to
be from Elizabeth asking him to get the re-
fractions back, and in connection with that
| Moulton remarked that it would be mean to
retain it. Witness urged that he wanted it
| in case these charges came up again. Moul-
| ton said, "You let me have the retraction and
1 will burn it and the charge together" and
he went on to profess to be friend to both.
| Witness went to the bureau, returned with
the retraction and gave it to Moulton.
| Here Fullerton read the midnight letter. 1t
was from Mrs. Tilton to her husband the
night she gave the retraction to Beecher. The
| letter saws:
"My dear husband,-I wish, before going
| to sleep to let you know that Henry Ward
| DeGCuCI CdllCu hlSllo oho "oASeA AAAo -
would defend him in council of ministers,
| and 1 said would. I wrote at his dictation
| letter which he promises not to use except
| against accusers other than you.
| The witness said this interview with Moul-
| tou was held in his bedroom with closeddoor.
| He would not affirm that the midnight letter
was read to him by Moulton. He did not
| ask Mrs. Tilton if she would defend him in a
council of ministers. He did not dictate the
letter. He did not promise to use the retrac-
ton only against accusers other than
her husband. He expected reconciliation
with Tilton through Moulton, and he
gave up the retraction on Moulton's assur-
ance that would better lead to it. He gave
up his defence-that is, be gave up the whole
| difficulty so that there would be no need of
| defence. He does not recollect that he
| thought it probable that Tilton would renew
| the charges. He knew Moulton to be a
friend and representative of Tilton but he
| pledged his word of honor that the retrac-
| ton should remain in his keeping
| with the other or be burned.
He deferred to Mrs. Tlton's wish
| to considerable extent. 1t was case Of
| divided Judgment at this time, as to whether
Mrs. Tilton had acted Voluntarily or under
duress in making charges against him; does
not know why he did not try to find out
| whether she voluntarily made the charge be-
| fore giving his defence. He gave it to Moul
| ton, though he thought this charge might
| be renewed. He expected Moulton to
| defend him from harm-that is, being
charged with such an offence by an indignant
husband. He consented to change his mode
| of defence and have that document in the
| hands of friend, and have the document and
| friend both. He gave it up to a gentleman he
knew to belong to one of the best firms in
| the city, whose wife was a member of Ply
mouth church, and whom he believed to be
an honorable man. He did not know how
| much Moulton knew. He did not consider it
| of consequence to vindicate himself with
| Moulton He did not do it, whatever his
reason was.
Question-Were you not anxious to retain
| the good opinion of Moultons
| Answer was just as l would prefer
your good opinion, but in this matter he pre-
! scented himself to me
Here ,Evarts charged that Fullerton had
| interrupted the witness and lively discus
| sion on this point took place, after which re-
| cess was taken.
Among the audience to-day were VIM. W.
Fowler of Connecticut Gand Mrs. Matte Haw-
| ley, literary lady. Out in the streets and in
the restaurants people were asking everybody
who mentioned Beecher, "Were you in court
to-day?" and if the reply was in the atfirma-
tive, then came the question, "How is Beecher
dong?" The answers were various, according
to the feelings of the parties questioned. Some
times it was 'Oh, he is getting along. nicely,
or 'Fullerton hasn't hurt him Bit" Some
times it is, Fullerton is giving him h-ll"
The ladies present at recess did not return, in
accordance with the judges request to give
| chance to others, and their places were sup
piled by others: Gen. Pryor came in after re-
cess, the first time for Esome days. All the
| counsel we're present and quite a crowd of re-
spectacle looking middle aged gentlemen were
| in what are called Beecher chairs. Cross ex-
animation was resumed
did not show the retraction to any one be-
| fore delivering it up to Mouton, or talk to any
one about it.
Counsel read from the direct examination of
| Beecher, CAT this point when was handing
him the retraction he had been sweating, and
he threw off his overcoat and saw pis-
| tol in his pocket"
Witness-I saw the hilt of it then but after
| a while he threw it on the bed and then l saw
| it all. presume now he threw off his over
| coat because of the state he was in. After |
gave him the retractIon he sat down and talked
| few minutes. / can't say it was extraordi-
nary he should have pistol or that he should
remove it from his pocket before taking off his
overcoat. didn't think he meant to intimidate
me- know didn't think so then and l think
the same now, and that he did not mean to in
timidate for hostile purposes
Counsel here read from Beechers testimony
to the church committee, she made no verbal
threat but opened his overcoat showing pis-
toll, and he took it out and laid it down with an
emphatic remark, etc,
Witness-I cannot recollect that meant to
convey that pistol was used to intimidate me.
Introduced it to give vivid picture of the
scene as presented to my memory.
O. l understand from you now that the pis-
tol was not exhibited to you at all till after he
had got the retraction?
Wtness-My impression is now that l have
got the order all right. There was an arrange
ment that was to see Moulton the next day
as suppose because he called. No programme
was laid out. 1t was on Sunday. We had no
prayers. L don't usually hold such conferen-
ces on Sunday. 1 don't know what the object
of the conference was, very likely it was that
he should report to me how Tilton received the
return of the retraction. The interview took
place in the study, a third story back room.
No one else was present The order and lam
guage are gone from me, but will give you as
we'll as / can the substance. Moulton spoke of
the wisdom of his suggestions the night before
as shown by the way Tilton received his ac-
count of our interview and also the retraction.
Then it passed on to Tilton's feeling he was
suffering unjustly all round which led US to
talk of Tilton's relations to Bowen and my in
terview with Bowen the 26th Then Moulton
said Bowen had played traitor to both parties
and was my enemy, and that he (Meulton) had
known TIlton from childhood, and he assured
me with the strongest assurances that neither
as to incompetence or immaculate chastity was
en- tn made