Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-06-10

Beecher, or lessen the requirements OF
law an6 justice for its punishment.
A recess was here taken.
After recess Mr.. Beach resumed his
address. He spoke OF POrter's assertion
that Tilton bad garbled the "Griftith
Gsunt letter. in It's publication, and
then quoted passages in which extracts
from the letter were used by TiltOn in
his sworn statement. He said the COM
ment could not add to the reputation
this furnished of Porter's allegation.
Tilton merely quoted part Of this letter
in support OF his position, with no
gaIbling or Misrepresentation, and his
learned friend was unjust and ungen-
erous in the use he had attempted to
make Of it. Mr.. Beach said he was not
especially favorable to q mode Of argu-
ment which sought to enlist the sympa-
thies of a jury one side upon the ground
that the popular verdict had been given
in its favor, but if this mode was TO be
| employed he wished it to rest on a sound
basis He denied that the popular yer.
dict had been recorded for Beecher, as
had been asserted, and named number
! of well-knOwn newspapers in different
! sections Of the country as indicating by
their course the popular sentiment in
! favor OF TiltOn. This was matter
| which lac should have been ashamed to
| allude to but for the example set him by
| his learned friend. Then it was said
| by Evarts that all the best classes
| Of society in the vicinage had gathered
| around Beecher. Had they done so?
| Where was DE- Storrs? He belonged to
| the jury of the vicinage. Where were
DR.. Schuyler, DR.. Burlington, DR.. Tai
mage, DR.. Duryea and DR.. Vandycke?
| He mad seen Plymouth church in all its
glory and the parasites of Beecher eX-
erting an influence in and out Of court,
but he had not seen these representatives.
of churches Fastening to extend hands
to this defendant. Their absence was no
proof of guilt, but the attitude of the
jury of the vicinage should not be mis-
represented. He said he should not
make such appeals to the supposed preju-
dices of the jury as had been made by
the other side. The jury had an oath
registered in heaven, and could not lay
perjury on their souls. 1t would be the
happiest event in the history Of this case
If it could be proved to TiltOn and his
COUNSEL by the judgment of intelligent
men, that Mrs. TiltOn loved her husband
as she was said to have loved him by
Porter. He quoted Porter's remarks on
this subject, and said that such love as
she was said to entertain for her hus-
band certainly did appear to be irrecon-
cilable with the theory that she was the
victim Of that husbands base conspiracy.
1t wss only after she had passed over the
threshold of her home and allied herself
to the fortunes of Henry Ward BeecheT
that the policy of silence "failed." The
jury of the vicinage then saw that there
must be an investigation, and that the
disclosure of the secret was inevitable.
Whoever had this story to answer for
was answerable for all the misfOTtunes
which this trial involved. However this
case might be determined, as Mr.. Porter
had said, there was jury greater than
here present to try this jury and this
court. There was no end 10 the misfor-
tunes of this case, even if Beecher was
found innocent. He was sullied and
damaged, and conld never stand in the
pulpit again the same grand and heroic
character as before. If TiltOn was sus-
tanned by the jury his future would be
clouded by the past, his home would
still be desolated, and his innocent chill
dren must still suffer from the blight Of
disgrace. The only resource for those
engaged in an intelligent examination
of this case was to discharge their duty |
fearlessly and honestly, leaving the con- |
sequences to take care of themselves. |
the man who did SO was fearless Of all |
criticism or accusation. The counsel |
regretted that his learned friend had not |
given him some better evidences OF Mrs. |
Tilton's love for her husband. He could |
not show anything else in her conduct |
but an idOlatrOus devotion TO Henry |
Ward Beecher and his cause. II there |
was any cause that led her to this con-
duct she might be forgiven, but when |
and where had it been shown that 1ilton |
had fiinched from fidelity to his wife |
and family? There had not been any /
evidence given so far to show that.
Both of my learned friends, said Mr..
Beach, thought they found some contra
diction between somebody and Theodore
TiltOn, which led them TO eXpatiate on
mis- gray hairs, and Mr.. Porter COM
mented on it as a most striking proof Of
his depravity. 1t was remarkable that |
two such gentlemen as Mr.. EverLs and |
Mr.. Porter should remark at such length .
upon thesubject. The truth was, really, |
that Mr.. TiltOn had no gray hairs, ana
the letter did not assert that he had any. |
Mr.. Tilton, said the counsel, imputed to |
Mr.. Beecher the character of big boy,
and in that light Mr.. Porter imputed to |
TiIton a crafty nature. In this exam
instion, said Mr.. Beach, both my
learned friends are endeavoring to show
Tilton as having malignant hatred OF
Beecher. Counsel did not mean to say
that Tilton loves 81. w. Beecher, or did
love him an instant after that July,
1870, when Mrs. Tilton made her con-
fession, and he thought it supernatural
T., \ oh, n,1f 49,,
feelings of hatred or revenge, and the
heart beats not, after receiving such q
blow, that would not bound with angry
animOsity. Counsel granted that Tilton
had borne these feelings, and when not
restrained by his wife and children they
broke out with force, and counsel would
be ashamed to stand here for him if this
were not the case. Talk about the IN
friendliness and hate Of TiltOn to Beech
er, why if it were true that Beecher, the
chosen friend Of his house, il he de-
bauched this mans wife and defiled his
hearthstOne, nothing that court and
jury would do could satisfy that re-
venge; it would exist so long as both
men would breathe. Yet with all this
passion, he, strengthened by love for his
wife and children, had withheld his
hand from being stained with the blood
of his iDjurer. Mr.. Porter also said
MIR. Beach, touched on the arrogance
exhibited by Mr.. TiltOn as to the distri-
button of the church missionary funds,
but all this was for the purpose of
making the jury believe that TiltOn
was pulled up with his own egOtism.
TiltOn said he Overmatched Beecher in
that controversy because ne (Beecher)
was wrong, and the truth always pre-
vailed. That surely, said the counsel,
was not self-glOrificatiOn, as Mr.. Porter
says. The learned counsel, said Mr..
Beach, dWelt at some length on what is
called the true story, and stated that
Theodore Tilton called it first by that
name to Redpath, and that afterwards
he (Tilton) had pronounced this false.
Mr.. Beach arguedIUhat this testimony
had been misquOted by Porter, and read
from the evidence Of Tilton to disprove
the assertion made by the counsel for
the defense. Why then, said the coun-
sci, did John K. Porter make use Of the
quotation that "truth is mighty and will
prevail?" Counsel here read from Til.
toms testimony in regard to the occa-
sion which called for the production OF
the letter to ga Complaining Friend."1
The next accusation against TiltOn was
that he quoted in the Bacon letter a gar
bled edition Of the letter of cOntrition or
apology, and failed to give that portion
Of it that was favorable to Mr.. Beecher,
and this was a very serious i'm