Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-06-24

Jury did not understand the greatness OF
this mans character, his power and
grandeur. He had great iron will which
sustained him through these four years,
whenl he was plunged in Temorse and
despair r. the thought Of this trial.
BeecheT's whole estimate Of this case
wss that on a certain day he was ap-
preached by Bessie Turner, who made
distressing revelations to him concern
ing the troubles of the TiltOn household.
These troubles concerned q man whom
he had known from bOyhOod. They re-
sided in the same city; yet Beecher tells
you that without any consultation about
the truth OF these stories, without any
tfDrt at kindly remonstrance, he adj
vises a separation; that after while
comes charge made by this man against
Beecher-a charge of inhuman impro-
pTieties with the wife Of that man.
Beecher says he believes that the charge
was forced from the wife by the impor-
tunities of her husband; and in news
paper Beecher eulOgiZes this disturber Of
his Wife's peace, and for three years
praises him for his kind and friendly
feeling toward him (Beecher), the man
who made the charges against Beecher,
and forced his wife into the accusations
as a cOnspirator. Then when MoultOn
comes into the case he learns that he
has aliensted the affections of the wife
from her husband, and introduced dis
cord into the household. Take this story
in its imperfect outline; did it conform
to the instincts of our nature, and were
these statements of the defense accepta-
BILE to the judgment Of this jury? The
couseI submitted that they were incred.
ible and not worthy belief; and if the
Jury examined it carefully they could
not fail but see the fault OF it, and the
evidence OF an ingenius mind driven to
the brink Of remOrse and despair.
AFTER RECESS
Beach resumed his argument. He said
that he was obliged to speak with sever
ity Of a professional brother, and there
was no more repulsive or dIsagreeable
duty which lawyer could have TO per-
form than that, but as Tracey had seen
fit to place himself on the stand, and
he'd cOntradicted three of the witnesses
for the prosecution, he had no choice
and was compelled to consider his testi
mony, together with the attitude he &C.
cupied in this case. The witness had
unequivocally contrsdicted Tilton,
MOulIon and Franklin Woodruff on q
material issue in this cause; ne had
played in this scandal versatile part,
and had filed its phases with equal zeal
and abandon. When Beecher's case was
in sore need of q witness to contradict
what was testified to by three witnesses
for the plaintiff, Tracey lesped into the
breach aud sacrificed himself for his
client; he stood in the same attitude as
Beecher, opposing his unsupported word
m moi r,f w
tation was equal to his own. Evarts and
Porter hsd.ssid that the action of Tracey
had received their sanction. He had the
greatest respect and regard for these gen.
tlemen, professionally and socially, but
on this point he was compelled to differ
from their opinion ana regard the course
of Tracy as involving professional
treachery and personal dishonOr. APP
plause. Beach cited q number of
instances in which American courts had
strongly reprobated the appear
ance of q lawyer in the dual
character of counsel and witness.
Would aoy gentleman Of honor suppose
that Tracey had the right TO act as
counsel for Beecher? Now, said the
counsel MoultOn swears in his direct
testimony that he communicated to
Tracey that HiitOn had preferred charge
of criminal intimacy with his wife
against Beecher.
Mr.. Sherman here interrupted, and
said that Tracey had always been acting
as counsel of Beecher.
Mr.. Beach said this counsel and his ad-
vocstes could not skulk away from the
fact that he was acting as the advocate of
Tilton. The jury might remember that
Tilton had told Tracey he did not under
stand the etiquetteiof the profession; and
Tracey replied that no matter about the
etiquette of the profession, he would pro-
tees his relations at all hazards. Tracey
and his friends had challenged this issue,
and if the profession will tolerate such a
breach of faith as that it will become,
and ought to become, byword and a
scorn. Mr.. Beach read the resolution
entered into by lawyers against
abandoning one side of a case and
taking up the other. l leave that
part o. the subject, and only regret that
/ had to refer to it; the subject
will be left to the consideration of 9TH
ers. Ny argument now is finished. All
these disagreeable circumstances are
past, and 1 am glad l am free from
them. We have communed for some
! time on great themes associated with
snd morality; all the great topics which
stir humanity have mingled in our COM
muniOn. II anything can eXalt rs to a
nObler conception Of the beauties of
! truth it is scene like this, so full of
grave responsibility. l have felt my in
ability worthily to meet the duties of my
position in the face of adversaries so
cunning of fence; but the race is not
always to the swift nor the battle to the
| strong. | have little faith in my own
| skill, but / have an infinite trust in that
| Justice which rules the world and notes
! the fall of the sparrow. On the coat OF
arms and seal of your city is the motto,
Fright makes might" and on any day
! Of public celebration it shines upon the
| flag which is flung out from the dome of
your city hall. 1t is the one which en-
| courages and strengthens weakness in
| its contest with arrogance and power. 1t
! is the sentiment which has sustained
10y client in all the difficulties and dis
couragements Of this trial, and which
will sustain, and eventually, / trust,
redeem him, because it bears the prom
! ise of Him whose word shall never fail.
! Wearied and worn with this trial, yet
| part from you with respectful regret.
! Our long association, bringing us into
| intimacy, impresses me with kindly
| sentiments and interest for each one of
| you. We have stood before this COM
munity animated by com non object,
seeking after the right, in honest SINGER
/ ity, and without distemper, free from
| turbulent Influences, anXieties and sym
| psthies Of an excited people, actuated
/ by desire to uphold the strong pillars
/ OF the temple Of truth and honesty, and
! to preserve the altar OF God from efforts
/ aimed at its ruin. The struggle this
day is between the law and great char
acter and a great church. If the latter
! triumph and the law is trodden down,
| wee unto him who calleth good evil and
evil good. May it please your honor, it
need not that L should express the COM
mon sentiment Of my associates and
myself as we recall the iudulgent dig
nifty and fearless learning with which
! you have guided us through the tangled
/ maZes Of this trial. You can receive no
/ nobler tribute than that offered by our
adverssries, fighting every step OF the
/ case, sprinkling the record all
over with exceptions, they have
acknowledged the entire accuracy OF
/ your numerous decisions; you have the
| qualification to know that you have
/ worked no injury to the defendant.
/ indulge the hope that the feelings OF re-.
/ gard with which you have honored US
will, as well as my own warm feelings
/ toward yourself, grow and increase after
! the close Of these toilsome days. l can
not close without expressing my CRATE
/ full thanks to my noble friends and asso-