The Portland daily press., 1875-06-25
An Affidavit from Mrs. TiIton Denying
the Statements of Loader and Price.

An Affidavit from Mrs TiItOn Denying
the Statements of Loader and Price.
BROOKLYN, June 24.-In the Tilton Beecher
trial TODAY. Judge Nelson announced to Mr..
Morris that though affidavits as to newly dis
covered evidence might under other circum-
stances be ground for reopening the trial yet
under all the circumstances he declined the
motion, and would not reopen the case.
Mr.. Beach inquired what his Honor meant to
do with the affidavits.
The Judge supposed Mr.. Morris would with
draw them.
Mr.. Beach said they would not withdraw
them.
The court then turned them over to the
clerk.
The Judges Charge.
The Judge then commenced his charge, the
jury remaining sitting. He said:
There was much in the evidence of Ill wit
nesses examined the consideration of which he
would spare the jury. The charge of adultery
was the foundation of the case. He explained
the distinction between direct, circumstan-
tial or presumptve evidence. The infer
ences which the jury might draw must spring
from the facts as fruit from the vine. -Four
classes of evidence were given IN support OF the
charge, e,-written papers, oral admissions, taclt
or implied admissions, and the conclusions OF
the Jury must be drawn not from any one OF
these, but from all.
Taking up the testimony in this order, the
Judge briefly described the nature of the testi-
mony as to the letter of accusation and the let
ter of apology. He reminded the Jury OF
Beecher's disclaimer Of the authorship of the
latter and remarked that sometimes under ex-
ctement men speak in a way that would sur
prise those who know them. Beechers letters
of remorse were to become dead in connection
with all the circumstances. The evidence as to
oral admissions was contradcted by the defen-
dant As to implied admission all men do not
act alike but the presumption is that it a man
is unjustly accused he will deny the charge.
The jury would have to exercise great caution
if they had any doubt as to the accuracy of
witnesses remembrance of words attributed to
the defendant, for in such cases single word
might be essential. 1t was for the jury to say
whether, when the defendant received plain
tiff's letter demanding his resignation, and the
defendant said ''the man is crazy, he was act
ing in manner that showed consciousness OF
guilt. They would have to scrutinize Beech
er's conduct throughout the policy OF the ST.
lence period, and the tlmidity and vacillation
displayed throughout, and to enquire. whether
he took any part in sending Bessie Turner
away, and if so for what reason, and whether
it was from sense of guilt he refused to ans
wer the question of Mrs. Bradshaw, or in ac-
cordance with an agreed upon policy OF silence,
which policy appears to have been also that OF
the defendants church. In connection with
Beechers conduct they were to consider that
cause he is guilty of one, and his flight would
be no proof of his guilt of the rest. A mere.
tricious lover, found concealed under bed can
not be convicted of burglary with intent to
steal. The jury were to consider whether the
defendants remorse could be accounted for by
misapprehension as to his advice to Bowen
having caused injury to Tilton.
AS to the credibility of witnesses, that was
matter wholly with the jury, but they were to
remember the distinction between falsehood
uttered without guilt and lie with the knowl-
edge of its falsehood; and too much Importance
should not be given to discrepancies, for these
occur even when witnesses are doing their best
to state facts accurately. They were to recon-
cile, if they co1ld, Moulton's declarations here
and his statements made outside, that Beecher
was not guilty; and Tilton's evidence, with his
declarations that his wife was pure; and
whether Mrs. Moulton testified honestly be-
lieving that Beechers offence was adultery and
supposing that this was the subject on his
mind when he conversed with her.
AS to Tracy acting as counsel against Tilton,
and also testifyng, he had consulted his dstin-
0pished associates before doing so, and thus his
course was strongly contrasted with those of
the attorneys referred to by counsel for the
plaintiff. Besides, no professional relation had
existed between Tracy nd,Tilton. They were
not counsel and Client
On the question of damages the judge said
he would call attention to it merely that they
mass of testimony comes in as to the plaintiffs
loss of his wife's affections, and on the other
hand testimony as to plaintiff being unfaithful
as husband. The defendant was entitled to
the benefit of the consideration that the init
macy between pastor and parishioner is of
greater latitude than the intimacy with an
dinary acquaintance. The question of conspir-
acy and blackmail was dismissed with the re-
mark that there was no proof whatever to SuS-
tain allegations of that character.
In reference to Mrs. Woodruff and Tilton's
intimacy with her, the Judge said she might De
for all we know the subject of criticism, and
she might be merely an intellectual woman
carried away by some extravaganza. The jury
were not to attach any weight to Beecher'S
acquittal by his committee, and on the other
hand they were not to consider the advising
counsel of churches held here was in any sense
prosecution of Beecher by two churches
which were dissatisfied with the proceedingos
Plymouth church.
The Judge then took up the requests to
charge, and instructed the jury. that the de-
fendant was not bound to prove his innocence.
lie DECLINED to charge that they must be salts
fed hey ond all reasonable doubt of the defend
ants guilt before they could find against him,
for this was popularity of criminal suits. He
instructed them that the higher the crime the
more stringent should be their scrutiny of the
evidence In another proposition he struck
out the word actual before guilt on the ground
that guilt is actual, and he did not care to load
it with adjectives. He also charged that the
destruction of the paper which would be i'm.
portant as evidence raises the presumption that
it would be unfavorable to the party who de-
stroyed it. He declined to charge that the
moral evidence is not sufficient to support le-
gal certainty. He charged that the defend
ants avoidance of publicity to the charge rails
ed was no presumption of guilt, and that the
letter of contrition did not import adultery on
its face or prove it, for it did not specify an act
rpa or hot ha rk
to other letters of the defendant. The fact of
the plaintiffs silence for six months after the
alleged confession was to be considered, but in
connection with the question whether his 81
lence was due to his wite's respect
The Jury Retire.
Having disposed of the request the Judge in
quired, Gentlemen, are you content?' and
Mr.. Beach answered "We are, sir.''
The juror Davis inquired whether they could
have the papers put in evidence.
The Judge said that was a matter for coun-
sci.
Mr. Evarts said that their embarrassment
was that some of the papers were not in exist
ence, and the jurors might ask for them.
Mr.. Beach said he did not understand the ju-
ror to ask for papers not in existence. and he
thought the request highly proper one.
The Judge decided that the jury might send
out for any particular paper they wanted.
The jury retired at one o'clock
Waiting for the Verdict.
Three court officers were sworn to keep the
jury in a private place, without meat or drink
except water, but in the meantime the Judge
had ordered a dinner for them, and it arrived
at o'clock. The jury are in small room
lighted by two windows, the only furniture
being an old deal table and some chairs. About
a dozen police and court officers are seated
outside. There is a good deal Of excitement.
225 p. m.-Beecher and friends remained
and the court house is thronged by the public.
Up to 2.25 p. m. Beecher and friends were in
court, but Tilton and counsel had long gone
away. Beecher is chatting with the reporters
in the corner of the room, and the audience are
nearly all standing tanning themselves, for the
weather is oppressively hot. Prominent
Beecherites said to Tilton man, "We'll be all
friends when the trial is over" The charge is
considered very favorable to the defendant,
while being also intended to convey that a ver-
dict for Beecher would carry no imputation on
the plaintiff or his witnesses.
Facts and SpecuiatiOns-Scenes in the
Court Room.
EUening-The general impression is that the
charge to the jury was favorable to the defence.
The Brooklyn Eagle (Beecherite) in leading
article says, ''The Judge passed lightly over
the knotty points, but endeavored to be impair
tial in the highest sense and has not greatly
failed" During the charge Foreman Carpen-
ter leaned forward with his elbows on his
knees and his mouth open. The judge retired
to his room at 1.30, took off his coat and sat
down aud putfed cigar. Dinner was served
to the jcry at o'clock, although the old