The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-01

ance on the witness stand, and, so far as
can be judged by cursory reading of the
testimony, did not involve himself in con-
tradictons How far his testimony may
be overthrown. of course, remains to be
seen, and it would be idle, If proper, to en-
deavor to forecast the result from his story
alone The question now comes up, shall
Theodore Tllton be permitted to testify in
his own behalf II the question was sim
ply one of dollars and cents, so far as
equity and justice are concerned, there |
would be only one answer-and that, that |
he should be excluded We are not speak
ing of the matter as question Of law, be-
cause, under the statutes of New York
which are to control the matter, it may be
decided, so far as wo know, either one
way or the other. As a matter of justice
and equity, however, why should he be
permitted to testify and his wife excluded
from the witness box ? 1t Is conceded, by
both sides, that the wife cannot be wit
ness for or against her husband while it
is claimed by Tilton's counsel that he is a
competent witness. If We remember tie
several statements of Tilton Alright, he does
not claim to have any further knowledge
of the matter than Moulton possesses except
perhaps, some alleged confessions from his
wife. Whatever the law may be, it will
strike the average mind as somewhat harsh
and MUST to allow Tilton 10 strike down
his wife, while she, the one most nearly
interested, has her mouth sealed and that
he would not be excluded if he was not
able to giyc some additional testimony to
that which the public are already familiar.
When, however, we come to consider the
worlds verdict, another view may be
taken We presume that Mr. Beecher
| thinks more Of vindication at the hands
of this tribunal, than he does of the cues
| ton of pecuniary damages. If he is con-
| cious of innocence. he ought not TO rest
| satisfied until the whole world acknowl-
edged it. 4 verdict obtained against him
will ruin his usefulness now and for all
| time to come. Plymouth church may
stand by him. as they have done in times
| woald be the effect Of verdict obtained
| in his favor, or a disagreement of the jury,
| by means of what will be considered a sup
| preston of material testimony. The same
result would follow for Tilton and Moulton
| If verdict should be obtained from similar
| causes. 1t may be true, as has been sug-
| gested, that il is the duty of Mr. Beechcr's
| counsel "to take advantage of every posi-
bic legal technicality,' that they "only
| seek legal, not a moral acquittal' and
| THAT they have right to deviate from this
| single aim" and that Beecher is "bound to
submit implicitly to their judgment" 1t is
| probable, moreover, that Judge Nelson
would not allow Of any departure from the
| strict rules of law governing the admission
| of testimony. But, although all this may
be true, the public will not so regard it..
MIR. Beecher and his counsel have, all
along, taken advantage of every legal tech
nicality possible, and it must be confessed,
without regard to the testimony, that he
mas thereby lost a part of the hold which
he had at the Outset, on the people. The
public have looked forward to this trial,
not so much as legal trial. as an lnvesti-
CATION by which the moral guilt or limo
| cence of Mr.. Beecher might be determined.
| They are heartily sick of this scandal, and
want an end of 1t. They know that it can
only be put to rest by the moral rs we'll as
legal acquittal or conviction of Mr. Beecher
| With the former result, he would be re-
stored to more than his old usefulness ant
position in the affections of the people
with the latter, he would be consigned
with an infamy so deep that for him there
could be no resurrection. If we may judge
from the course of counsel, on either side
that result will not be attained. What
ever verdict may be rendered, however
legal it may be, it will not carry the mora
weight necessary TO put an end TO this
scan mag. 1t was hoped that another resul
might be reached, but the portents are tha
the truth or falsity of this scandal will
never be satisfactorily ascertained by til,
interested public. But it Is Becchers func
raj, not ours.