Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-06-04
THE BEECIIkR 7RIaL-IHE STUNNING
THIRD DAY OF Mr.. EvARTs.

Mr.. Evarts speech Tuesday morning was begun
by saying that he had endeayored to present the
situation of the parties as to prepare the jury
to give proper appreciation to the evidence. He
then called their attention to what he claimed was
the significance Of Beecher's referring Bowen to
Mrs. Beecher in regard to Mrs Tiltons letter to
him, and said that before beginning they should
at the start make up their minds that there was no
reason to suspect that there had been any conceal
ment of any relations between Mr.. Beecher and
Mrs. Tilton. He laid down two propositions
which he said showed that the theory of the plain
tiff is not only utterly unsupported by evidence,
but that he consciously knew that it was false.
The first was the flight of the wife from the home
of her husband in December, 1870, and the second
the peculiarly Of Mr.. Tilton's pecuniary status
and business relations prior TO that month-the
theory of the plaintiff being that the advice for
separation was not given until late in January,
1871, and that in December, 1870, the Tllton
household was happy one. The truth OF these
propositions he deduced from the sworn state
ments of Mr.. Beecher, Bessie Turner, Deacon
Bell and Mr.. Bowen, which mention Tiltons
trouble as having been subject Of conversation
in December, 1870, and from what happened at
the Tracy Moulton Tilton interview Of January
2. 1871. Beechers hand in the proposed separation
he claimed implanted hatred in Ttons breast
and spurred him to revenge.
Mr.. Evarts then sfted the evidence to show that
Triton lied in saying that prior to Dec. rs. 1870,
he had no disaster; he ridiculed Tilton's "pre-
tense that he was "a man of an assured income
and "worth S35000 asserting that all the property
Iilton mentioned was productive only of assess
ments except the 1000 at interest, and the share
of Tribune stock, which did not belong to him.
The testimony of Bowen, johnson, Bessie Turner,
Mrs. Mitchell, and Tilton himself was forced to
contribute to the theory that week before the
time mentioned blow had been struck with
Beecher's connvance that at once deprived Tilton
of character property, family, and prospects that
he knew he was ruined, and that, his attempt to
play Bowen againt Beecher having failed, he saw
that the only way ont of the difficulty was to Sc
cure Beecher's and by an appeal to his feelings.
To show this was the reason fer all these generai-
ties of proof which made wise critics of the press
| wonder when the defense were going to stop gen
eralizing and to begin to prove Mr.. Beecher limo
cent. An illusion to Moulton 305 81 forgets" and
an apt quotation from the "School for Scandal
brought the speech to recess.
At Ill Mr.. Evarts resumed his argument. He
said that another element bearing upon the con-
scious knowledge of Mr.. Beecher and MIR. Tilton
when they came into one anothei's presence on
the Both out Of the gravity of the charges of
immoral conduct against MIR. Iilton. nlton
denied these stories, and the defense on compul-
sion proved them to be true, thus proving Tilton
to be deliberately and consciously false. Tilton's
contracts provided that Bowen might dismiss him
without cause on payment OF $1,000, but II lii
toms conduct rendered him unfit to conduct re-
ligious newspaper, Bowen was relieved in law and
in conscience Of the payment of any such compen-
saton. That was the situation, and Mr. Bowen
understood it SO until the time of the tripartite
agreement when certain influences induced him
to acknowledge the demand upon him Mr.
Evarts, taking up the Winsted affair, said that
while Tilton "shamelessly took honor to himself"
for his conduct on that occasion toward SCHOOL
girl" who was shown to be twenty-five years Of
age, to weigh l50 pounds, and to be twice as large
as Mrs. Tton, he would give all the evidence of
the past five months to be enabled to show that
Mr.. Beecher and Mrs. Tilton journeyed to Win
gta he
same bed in half-dresed condition, and read Mil
ton together. The speaker did not wish to i'm
pute anything discreditable to Tiltons companion,
but he submitted in the light of Tilon's narration
of the affair whether Tilton should not be discred
tied in the rest of his stery.
When Tilton, at the interview Of Dec. %, 1870,
mentioned to Mr.. Bowen the fact that Beecher
had made improper advances to his wife, that i'm
mediately eclipsed in Bowen's mind all the horri
BILE stories that Bowen had been retailing about
Beecher. The jury could imagine Bowen as say
ing, IL have been dealing in cloudy scandal, thai
nobody could corroborate, all these years At last
here is fact" Bowen refused to use his knowl-
edge against Beecher on the score of honor, all
things having been settled between them. Why
did not he think of honor while retailing these
things to Tilton? This man of honor suggested
to the other man Of honor breach of conf
dence which honor would not permit him
to make himself, and which he said he would back
up. Bowen considered that if Beecher should obey
ably cease to edit the Christian L MON. lie knew,
at any rate that if he did not get Beecher he had
got Tlton through his letter-got him body and
soul. From Beecher's conduct at the reception OF
the letter Bowen concluded that TIlton's charge,
instead of relieving him of the rivalry Of the
Christian Union, showed only that Beecher held
conclusive proof against Tilton Of debauchery and
| lying. Bowen had not lived in vain. He had no,
penetrated the wickecness' Of the world for moth
ing. Tilton's counsel made Bowen say that he
knew nothing of any accusation Of 1ilton against
Beecher in regard to Tilton's family until the time
| Of the tripartte agreement in 1872. They had an
| object in asking that question, and the
| answer proved tic object, but it was
fatal blunder. Bowen says that anything
Beecher said TO him about Tilon did not unsette
his determination to discharge Tilton. But Mr.
Bowen could only have had semi-consciousness
on this subject, and the touch of child may rock
the poised boulder and topple it over.
Mr.. Eyarts asked the jury whether in the light
of common sense that they could believe the
theory of the prosecution. Did they think that a
woman in the condition Mrs Tilton is said to have
been in would be the the first to pick quarrel and
TO leave her husbands roof. What roof SO hos
ptable to her quit as that! Where else wa
there anything but ruin for herr "If, he said
1--WE cant try these people as human beings, We
can't try them at ALL" Again, did the jury thini
that the woman, having left her only shelter
| would fly to her paramour, and that the paramoul
would turn her over to his wife, and tpointing to
Mrs. Beecherl that wife this woman If a clien
| Of the speakers should have to be convicted, he
would like to have him convicted on such evidence
rs this Of the plaintiff, for the evidence answers