Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-02-26
Continuance OF the Speech OF General
Traeey-FOreshadOwiag OF What the
Line Of Defense viii Be.
Review Of the Trouble from Defendants
StaHdpOint-A Plea Well Put for IFS
Purpose Witnesses Next ia
OPdfr.
The Case as IL was Left by the Plaintiff
A Series OF Surprises and Stacey
Scenes-PIymOuth Risses-Ars.
MOultOH's Testimony.

NEW YORK, February % The Tilton
Beecher suit was continued this morn
ing in the Brooklyn courtroom, which
as on previous days, was packed. Th'
parties TO the suit were all present, bu
General Tracey was somewhat late
Shortly after he entered the courtroom
he continued his opening address for the
defendant. He said that the charge in
this case was adultery, and the burden
of proof lay with the prosecution. i
was not for the defendant to prove hi:
innocence but for the other side to prove
his guilt. They knew how difficult il
was for any person charged with the
commission Of this offense to prove his
innocence by denying it on the witness.
stand. When he is accused of that Of.
fense all he can do is to give denial oft
and bring his previous good character to
bear upon it. These parties had been
acquainted for twenty years, and during
that time this lady was the wife OF TheO-
dore Tilton, a member of the church,
and her husband and pastor, up to four
years ago, were warmest friends. He
visited their home at Tilton's request
during that time, and there was not the
slightest evidence to show that defend
ant was guilty of the offense imputed to
him. There was not the slightest evil
dence either to connect the offense with
this white-souled woman of having
criminal intercourse with her pastor.
You will remember, gentlemen, the
story told bythis woman, reeking from
the dens OF p0llution-Kate Carrie, OF
K ate Smith, as She called herself
who swoTe that she saw the plaintiff Is
wife sitting on the lap of her pastor,
and head him say, "ElizRbeth, how do
you feel?n and her reply Of "Dear
father, feel so So" The audience here
burst into laughter, in which Beecher
and his wife joined. When the laughter
had subsided Mr.. Tracey continued.
And now, gentlemen, you will remem-
Der the story told by Mrs. Tilton's
brother, when on one occasion he went
into the parlor, at the time he didn't
know Mrs. Tilton was moving rapidly
away with her face flushed, Mr.. Beecher
sat quite still. This was not in the bed
room but in the parlor of the house.
This case stood entirely aloof from this t
sort of evidence, which is relied upon to
prove the offense true. There were oral
COntSSelOHSj UuL tHcSS CdLuc Ouiy hOu4
one family, that OF Moulton, for the
council would include in that family
TheO. Tilton. The only evidence given
Rs to the confessions Of Mr.. Beecher
was by Moulton, his wife and the plain
tiff in the action. There was another
man whom they had omitted to call in
the case, and the reason they did not
do so, was because they were afraid his
would be blasted. The coun-
sci submitted that through the whole OF
The trial nothing was adduced to
prove the criminality of the
and the whole matter was
cooked by the fertile brain of the plaint-
if in this action. In regard to the i'm
portancs of oral confessions OF evidence
counsel said his colleague, Judge Porter,
would read few quotations from legal
and Mr.. Porter did so. Cen
ersl Tracey then continued reading his
1--WE said we shall produce
witnesses whose character you shall not
doubt, who shall repeat accurately what
they have heard, and who are influenced
by no motive but to tell the whole truth
and nothing but the truth. Admissions
1f oral confessions are always unreliable,
for it was easy TO see how men relating
what another party had said were liable
10 be misunderstood. There was an
other difficulty about the matter, and
that was to report accurately what
and the language used
On which the evidence is based.
was not unambiguous-all these
rules should, therefore, be carefully OBJ.
served. He would show the jury that
the witnesses for the prosecution were
not to be believed, and that they still
mad the strongest motives for fastening
guilt on the defendant. Back to the
point, when Tilton told Bowen that
Bsecher was guilty Of making unhand-
some propositions to his wife, this, said
counsel, was done TO prevent Bowen
uniting with Beecher against TiltOn.
The latter was only seeking to save his
with Bowen. Bowen had no
objection to join TiltOn in war
against Beecher, provided he could
DO so safely. The letter demanding
Beecher's resignation was sent, and
Beecher's reply to Bowen was, "Bowen,
what does this mean? This man is
mad," and he thereupon told Bowen of
HiltOn's former life. Bowen having
made certain that Beecher aud Tilton
could not unite against hin, he hsstened
70 discharge him, as was Told here by
plaintiff himself. Bowen then told
Tilton that if he ever made public the
stories he spread against Beecher he
would cashier him. This, said counsel,
was conspiracy by TiltOn and Bowen
against Beecher, but from which Bowen
nad dipped out. This gentleman done,
n the way OF business, so much lying
'or so much money in dollars and cents.
This was done 10 dwarf the growing
of the Christian Union and ad-
vance the cause of the Endependcnt.
The counsel interrupted his address
here, and Judge Porter quoted from
egal authorities in regard to the
aw OF conspiracy. This plaintiff,
General Tracey, was conspir-
ator with Henry G. Bowen against the
Character of Henry Ward Beecher. II
Henry G.. Bowen shsuld deny his igno-
rance OF the letter demanding that MIR.
Beecher should leave his pulpit, then 1
could not ask you to believe the plaintiff
even against him. But Bowen backed
cut early; he did not want to go any
further in that path; and TiltOn was
forced to seek another friend. After the
letter of December 26, 1870, Beecher SAW
Bowen and convinced him of his inno-
cence and the falsity OF Tilton's stories,
and Bowen retracted his utterances, and
during December 18th, 9th, 28th and
18th the defendant had no interview
with Tilton or his wife in regard to how
much the husband knew Of their init
macy; and counsel submitted that this
was not the action of guilty man. Mr..
Beecher old not know, cOntended cOun-
sci, what the charge was on which he was
asked to quit his pulpit when he read
the letter, nor was he aware of it until
that stormy night on which an interview
was had at Moulton's house on the
twenty sixth. Francis d. MoultOn
learned of the foolish act OF his friend
in sending the letter to Beecher, and
said that Bowen could leave him alone
to support the charge which he (Tiltonl
/ ad made against Beecher. Iappeal to
the tue story as written by Theodore
Tilton, said the counsel, 10 refute the
evidence of Moulton and Tilton. The
counsel briefly glanced over the various
incidents contained ia the true story.
He was interrupted by an unusual recess.
After the recess, General Tracey said
that Iilton, after he was deserted by
Bowen, was placed in q position of the
greatest embarrassment, He had issued
q challenge to one of the foremost men
of the age, and he had nothing to sup
port It but his own word. IL he told
Beecher that he had been deceived, the
latter would ask him how he came
to write so insolent s letter? II