The Portland daily press., 1875-06-22
THE SCANDAL.
Continuation OfBeach'sArgument
Sharp Passage between Beach and Jul
ryman.

DcdCu TeSuulou uuo inning up IOt Tue pldiu-
tiff. He read a letter from Jewish gentle
man in reference to the story from Josephus of
a lady and the god Annubis, requesting him to
inform the jury that no jew could credit any
such pretended manifestation of Annubis and
that the lady referred to was not a Jewess. He
then proceeded to vindicate Moulton from the
charge of treachery to Beecher in Withholding
his letters when requested to return them,
showing that the letters were withheld from
Tilton as well and that at the time all hopes OF
an adjustment had not beed abandoned, and
that his motive was honorable in regard for
TiltOn's family and Beechers. Moulton was
not to be blamed for acting on the policy of 81
lence, sanctioned bv both parties, one of whom
Beecher had appealed to for salvation from the
publication Ct those papers. All the disastrous
consequences which followed the investigation
showed the prudence of MOultons judgment.
In reference to Tracy's attack on Moulton,
in which he compared hip to 'his greet archi-
tect who could deceive il possible even the
elect" and man without conscience.or faith.
counsel denounced Tracy as having uttered
what is untrue and making scandalous and
false attack on the witness in direct opposition
to Moultons evidence on that point. Beach
next read an extract from Tracy's speech, put
ting it to the jury whether Moulton, who, if he
is to be believed, made his wife associate with
and kiss prostitutes, would even associate with
them for his own pleasure. OF this Beach said
talk OF this character requires no comment. 1t
cannot be approved by the decencieS of court
of justice nor the proprieties of our honorable
profession. No man who can make that at
tack under the privileges of counsel is entitled
to the respect which belongs to an honorable
member of that profession He has not
proper sense of honorable obligation nor one
regard for the rights and reputation Of his fell
lowmeD. He is governed by loose principles
and lOOser morality, and he evinces it in every
word of the INDIGENOUS language he applies to
Moulton. and the worst of it is that it isn't or
iginal with him. daughter He must get
aid to crafty his malice of keener brains than
his own and stand here reading the production
OF Others in the tone of a school boy who has
but imperfectly learned his lesson (Roars of
laughter.) And this is the man who few
months ago pledged his word of honor to the
men he now aSsais to keep their secrets and
never appear in opposition to their interests.
Counsel next censured the attack made on
Mrs. Moulton as perjuress, etc.
Porter interrupted, and said he never applied
such epithets to her.
Beach said the defence might well shrink
from the effect OF their words, but though tie
words 'perjurer," ''consprator,'' etc., were not
used, all these belong to her if Tracy was to be
believed. The charge his friend Evarts made
was that "she glanced furtively" Qaughter).
Well. she was witness for the first time; she
had not the dramatic talent of Beecher or Bes-
sic Turner, and it was just possible she did not
see anything very attractive in his friend Evarts.
(Shouts of laughter)
Judge (rapping) Beach, I sympathize with
you, but it is impossible to get along if the au-
d'ence interrupt every time you say happy
word.
Counsel took up the argument that the lady
or any one else would be unlikely to urge
Beecher to make public confession of adul-
ferrous details. He argued that she never said
anything about the details, but only urged the
confession of the sin; there is no other way of
getting pardon, and it was the way she had
been taught by Beecher in bis sermon of De-
In anlxr 10 fha
about the improbablity of an adulterer advis-
ing an adnlteress to desert her husband, coun-
sci said that when Beecher gave that advice it
furthered his schemes of indulgence, if he had
any, and he was then ignorant of her coutes-
sion but ever since December, 1870 his advice
was always the other way, and for his sake.
Counsel reminded the jury of an incident on
Mrs. Moulton' s crOss-examination, when Beech
er leaned over to his counsel and made sug-
gestlon, and she Immediately asked if she had
not kissed Beecher, and she said yes, once when
he was weeping she kissed him on the tore.
head.
Here Evarts and Sherman interrupted.
Beach Cunning around angrilyl-I rather
court interruption sfor correction, but when
counsel take occasion to cay that Beecher did
not make that suggestion but that Sherman.
made it, when Beecher swears he made it him.
self, it is oversteppng the bounds of propriety
and endurance. (Applause)
Judge-lt is useless to reason with this audi
ence, Mr.. Rogers, arrest any one you see dis
turbing.
Beach read and condemned as a LAWYER late
article in the Times, showing that Beecher's
alibi did not amount to much, as it mattered
little on what particular day two years ago
Beecher made certain admissions TO Mrs
Moulton, provided he made them; but counsel
did not adopt that reasoning. On the contrary
he argued from the evidence that Mrs. Moulton
was correct, and that all the evidence for an
alpl being admitted there was plenty of time
on that day for an interview to have taken
place.. Beecher says he was with Kinsel-
Klnsella is the editor of a partisan paper fav-
orable to Beecher. He is always on hand, why
was he not produced and why, instead of pro-
ducing him, did Evarts attempt to get in as
evidence the editorial Article in his paper?
Recess at p. m.
After recess, Mr.. Beach devoted considerable
time TO showing how consistent and sustained
Dy other evidence Mrs. Moulton'S testimony is
and said, DO not then reject it because, for
sooth. Beecher is too great a man to be convict
ed; In the name of manhood and womanhood,
II Beecher is to bestricken down, even if every
stone 10 Plymouth church mus be RACED to the
gIodnd, let it come before one lady, supported
as this lady is. shall be condemned TO disgrace
by jury of twelve men in court of law, "(ap-
plause.
As to Tiltons belief, counsel urged that he
was Unitarian and in accord on the question
OF Chrsts divinity with some of the most re-
hglous of men, and Beecher allows the fullest
O. scope Tor investigation on such subjects. DR..
Channing, Theodore Parker, Charles Sumner
and Edward Everett held similar Positions
Court was about to adjourn when the sixth
Juror, Geo. Hull, arose, and after few pre-
ilmlnary Your Honors'' everybody sat down
IN Dreathless excitement. In the course of the
day Beach used the words: 81 know the in
fuences that surround this jury; L know the
ssympathies that go out from every generous
heart for Beecher, but confronted with the
oath of this lady. MRS. Moulton) &C., and it
was evidently to this the juror referred
Mr. Hull said the gentleman (Beach) has
taken occasion to make undue reflections on
the jury 1t was not the first time, nor the
third, fourth or fifth time that the Jury had
been compelled to listen to these reflections
during the session of the court. 1t is enough
that we have to sit here day after day for six
months, deprived of the means of our usual
avocations, without submitting to the insinua.
tions and reflections of the counsel. (Applause)
can safely say this jury has not been an
preached with undue influence except through
means OF these envelopes with clippings from
the New York Sun. hope your Honor will
kindly instruct the counsel to refrain from any
undue reflections on the jury.
Inc JUDGE think you misunderstood couu-
sci. Some allowance must be made for counsel
speaking rapidly and under excitement.
Beach-It may be hard for the gentleman,
and maybe it would DO polite for me to accept
the excuse of heated debate your Honor makes
butt have good reason to believe that members
OF this jury have been approached l have
got pretty clear and satisfactory evidence of it,
and it may not be impossible l should present
it to your Honor before the case is through.
(Applause.) The members OF the jury have
made improper declarations in regard to other
persons on the case, and L eau prove it; and
also, sir, that they have been approached by
emissarles of the defendant. wild applause
from the gallery.)
Mr.. Abbott remarked remarked that these
assertions were out of place without profess
slonal responsibility that would give an oppor-
tunity of meeting them.
Mr.. Sherman (determinedly)- respect
fully demand that the gentleman produce his
proofs here and now. daughter An utterly
untrue charge has been made against defend.
ants counsel already about the use of money,
and desire to say L will take the responsibility
OF tampering. if there has been any, for not
one dollar has been used in this case which has
not come out of my pocket. No one con-
tributed to the expenses but Beecher and N.Y.
self. (Applause)
Mr.. Beach-The assertions of the counsel are
beyond his knowledge (laughter), for parties in
symr athy with defendant could easily use mon
ey for purposes not known to Mr.. Shearman.
1t would be improper that anything of this
kind should be said if L had not been arraigned
by one OF the jurymen. l have not made auy
charge against the jury. L had not L repeat |
made any charge against the jury till it was |
called out oy this appeal of juryman. have