The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-10

concurred in that conclusion. NOW there is not an
instance IN tnis case. gentlemen where any adverse
testimony with reference 10 single witness OF
ours, elmer as TO declaration or anything Wnlcn
Is Of fact. Not single instance where there Is
want Of contradiction and make the declaration
that In careful examination OF the proof In TINS
case relring upon the instructions mat we're
given 70 us by the Judge. we DON'T pass through
with all tie evidence OF Henry Ward Beecher for
instance, or Bessie Turner, or MRS. Oyington. or
any one else, whereupon the direct examination
OF our witnesses mad sworn 10 facts 10 declara-
lions ana circumstances which stood In direct
contradiction 10 the Witnesses on the part OF the
defence
WHAT Dozs NOT JUSTIFY DEEcHER.
1t Is not very important, gentlemen. In regard
to The rudeness. the GOODNESS, the sukness, the
moodlness; the conduct OF Theodore Tilton IN his
househoio IS not matter oil imperative concern
before tine jury. He may have been all that Bessie
his nature he may nave wandered as she rIdi-
cuously said. rom bed TO bed TO md u soft place
upon which TO rest; he may be iudicrous IN nls
habits; but nevertheless, gentlemen. before
sanc;ity of that nome thus disturbed by
his loibles, II 1t be SO. lie mad been
harsh and cold at times In the domestic circle i;
he may nave been stern and moody toward that
delicate and sIcKly vile II Bessie Turner Is to be
believed but IL gave TO Henri Ward Beecher no
license to trespass upon mat household. IL NAV
have alienated the affections OF the wife, II may
have cooled the feryor or ner anectlons, II may
have shaken ner reverence for her home and ner
marriage tie, but 1t gave To Henry Ward Beecher
no warrant TO take advantage OF those clrcum-
stances. 1t Is no excuse Tor Henry Ward Beecner
that Theodore Triton was harsh and unloving
0uSDanu, III LnhJ DC True. IL uOeS LOT ueny IHd
truth of this accusation that that was disturbed
ana discordant household. 1t may DC :rue; tnat
we will see about. 1t may nave oeen an encoar-
agement TO Henry Ward Beecher to assail its
sacred purity, out IL Is Justification for the act.
And so through all this revelation OF collateral
issues should have been forced upon this jury.
Grant that Theodore luton was the admlrer OF
Victoria woodruff, as ne was her eulogist III ner
biography, grant that ne was odlous and oebased
In his habits grant that he trespassed upon the
proprieties OF lie, grant that he was less than
man ana viler than brute when at Winsted, as
hay aav hn sad
Grant all this, does 1t answer this case Does 1t
overturn the confession oil the tefendantG Does
liz wipe those stormy ana passionate letters from
which my learned friend has read so lberaly to
your Does IL reveal the history or those three
years. pentence aud remorse Are we TO be told
when a conviction Is asked Tor In charge OF THIS
nature tnat the paintlr ls merely ahoertlne and,
therefore, all that the defendant mas TO 40 IS TO
snow that. ana then ne will merely by that escape
the Judgment or the law?
1t being now one o'clock the Court took the
usual recess.
AFTER THE RECESS.
Half the audience remained IN the court room
during recess and subsisted, as best they could,
on apples cruilers and peanuts. The other hair
came rushing back to 1nd in many Instances,
their seats seized upon. The anxiety 10 near
Beach had increased since the opening, and hun
dreds made unavailing application for admission,
Tor already the court was ''packed,n to use q
familiar illustration, like box OF sardiues.
Several ladies, overcome by the heat, left the
chamber. Mr.. Beach and the Tllton lawyers.
with friends in their wake, came In little after
the regular ,ime and without moments delay
Beach set to work at his task or demolishng Por-
ter. The ex-Judge sat over near the jury, gazing
with q curious expression OF face at Beach,
his old friend OF thirty years. standing.
Mr.. Beecher Jailed to return TO the court in the
afternoon, and the only representative OF the
Beecner family, except the DEFENDANTS uife was
n Iuntn tafv afrn~
cess has always been the custom Of the Plymouth
brethren TO crowd around the pastor, who was
always jocose and communicative, and shake him
by the hand or otherwise salute him. Yesterday
nothing OF this kind happened. Mr.. Beecher sat
silent and moody. spoke to no one, looked the
picture Of wretchcdness ana left the court
abruptly.
THE TILToN DOCUMENTS.
Mr.. Beach continued: -In repect TO various let
ters and documents which Mr.. rilton IN tue course
OF this long and veXed controversy heretofore has
been compelled 10 use, ne has been charged with
garblIng. Referring 10 the letter or February
which Mr.. TlltOn had occasion 10 use IN his sworn
statement submitted to the committee or IN
vestigatlon, and from which lie quoted, Mr..
Porter, referring 10 the quotation and the
use made Of it by Mr.. Iiton, says, "And
Is addressed published 1t In a form which was
garbled, false and foTged-in form In winch SIZE
Is represented as coniesslng the niamy winch he
now charges, anu he says by way OF apology for,
since | commenced tnis suit l have furnished u
true copy.n The form In which the quotation from
the letter OF Mrs. TIlton Is reproduced uy Mr. Tton
IL this, that previous TO the period or the
nal intimacy, OF the reasons which Mrs. Tllton
says she had for accepting such attentions from
Mr.. Beecher was the TACT tuat she had been mucn
distressed by what she had heard from him, and
that she could best In that ay reach the recesses
OF hrs moral nature, aud In February, 1885, she
wrote, 40 love Is praisewottny, Dut TO abuse tue
gift is SIN. Here am strong. No demonstrations
womannood.n Ana Mr.. Porter says This Is
CARRIED, forged anu Ia sc In It's sentiments In
tent aud effect. But MT Triton saws. II quoted lt
beautiful Illustration OF her own sense OF the
dignity OF ner sex aud O1 herself as respecting IT,
Mr.. luton rom the commencement: was modify
ing the offence OF MS wife, Was maintaining her
integrity as q VIE, was believing. as | think, IN
the purity OF her nature and the spotIessness OF
her SIN aud the circumstances under which IL was
committed. In this statement was represenIed :.
with what fidelity 10 ner wonanhood and To her
marriage VOWS, with what adherence to the
policy sac accepted the intimacy OF DIR. Beecher,
ellie wing In MS previous moral iransgressions, as
VIII show you oy ana Dy; ana yet, oy laith in ner
own womaunood beuel in her own arm IN tegrty.
ana 10y the nature OF the influence winch she
knows she exerted on Mr.. Beecner. This woman
ut the time to which reference Is made, was
maintaining all the characteristics or TINS policy
faction. she deserves no reproacn; there u mis-
conception or misrepresentation OF the letter Of
Mrs. lllton, ann TINS quotation on the part OIL my
harmed friend was ungenerous. Nay, IL was cruel
aud unjust 10 assume that IL
WAS GARBLED AND FORGED,
and all FOR the mere purpose OF INDUCING In a
violent attack against Mr.. IlltOn. hut the most
astonishing thing was the remarkable position
the friends and toe influences whIcn nave gathered
around Mr.. Beecher IN the coursa OF ihis trial.
ana the absence OF all encOuraP ement aud sup
port IN aid OF Mr.. llltOa. FMS extraor
ctnary display was meant for some
tning. IL was very well 20 describe MIR. Beecher
as possessing all the CHRISTIAN virtues wnicn have
been attached to his character. IL was a matter
oil policy to Doast tnat those assumed qualities nad
collected about him al the plety ana the inte-
gence ana respectabillty Of tue community In the
hope that such . character might influence the
Jury In regard to MT. Beecher and the respective
merits OF this case. am not favorable 10 that mode
OF argument. Considerations OF that character
are not legitimate or professional wnen addressed
TO the intelligence OF the jury. But as they nave
been rescrted TO t VIII be well 10 learn
whether they well foundod Counsei
on the other side found a little dIficulty TINS
subject, because the leading pap.rs That were
DAILY presented TO MS observation satisfied MIN
that In tnls outer intelligence among this larger
jury TO whicl ne appealed, there were some wnO
were bold enough To advocate the claim OF Mr.
1lton and TO question the spoiless ana pure integ
rIty OF Mr.. Beecner. All the host OF the leading
papers IN every section OF the country, who are
with a Keen inteIlIgence and logic examining TINS
case and this evidence, as IL has been presented
to TINS jury, and expressing conclusions winch
did no learned