Yankton daily press and Dakotaian. (Yankton, Dakota Territory [S.D.]) 1875-1875, 1875-06-09

tV0A u SOulS3 nuA tuC SCSkltAlOhy VI
Beechcr himself lin regard to Tilton's
character, and asked iftthat character.
could be such sssit was represented
by counsel for defense. He had no
desire to detract from the virtues Of
Beecher. He readily admitted defen.
dant was great, and that he had many
good and noble qualities. In fact, the
defenders of Beecher had been oblig-
ed to fight with his great impulses all
through this case, as appear.
ed from his own testimony
in regard to the charge Of blackmail,
but before he had concluded he
thought he would be able to show the
ljury that Beecher was not quite per-
fcct-not quite sinicss. Beach said
.his duty was far from being pleas
ant one. 1t was always unpleasant
to be obliged to speak harshly Of any
one, aud especially of men in Beech.
er's position. The case, too, was one
which should never have been brought
into court, except under the pressure
Of dire necessity. Evarts had assert
ed that Beecher had consented unwil-
lingly to the policy Of silence, that
this policy had been forced upon him.
Did IL look like it when T'iiton was
about to publish letter to Bowen
aud Beecher- -iss.esfered to prevent
lit? Did it look like it when
he took care to secure the silence
tAl,s. Morse? When he sent Mr.. Bell
to stop deacons' meeting, and when
he enjoined silence upon Mr.. PerkIns?
He fBeach had supposed that tri.
partite agreement was devised for
restricting the secret to the small cir
Gle then possessing It. He had also
supposed that when Beecher, under
the pressure: Of the West charges, Of
fered to resign his pastoratc rather
than have an investigation, he was
striving to conceal. something. He
also thought il looked like pursuing a
policy of silence when Beecher wrote
about REFRESHING tendencies to break
tout into rainous defense Of -him,-and
when he spoke Of devices by which
they had saved themselves. Beecher
lalso said in his statement
that these tendencies ought to
have succeeded, but the strongest
proof to his mind on this point, was
the letter which Beecher wrote to
Mrs. Tiiton advising her not to ap.
pear as witness before the church,
on the ground that the subject of the
West charges was one which ought
not to be disturbed. He then consid.
cred the declaration Of Porter, that
Bcecher was entitled to the presu,np.
tion Of innoccnce,l and argued that
while this would be true in criminal
case, the defendant in civil case was
not entitled ia such presumption. He
Jciteds thorities to show that in a
leiyil case the jury, we're TO be guided
| by thc prepoDderance on one side OF
1.-THE other, and IL was necessary tina,
their minds should be, free from
..taIl reasonable doubts. Nlr
Beach then cited scvera
decisions to show that the burden o
4 4 preef beFead reasonable doubt dir
not rest upon plaintiff in this case AM
more than it would in suit upon !,
contract. He then spoke of the on
4 stanght made upon Tilton for the pub
/, |lication Of his wife's letter. He sal.
!, he was quite willing to concede tina
!, without real and meritorious causes
such an act as this would be indeli
cate, but he thought exigencies coult
be presentcd on which occasion 70
I such proceeding would b
obvious in this case. M,
Tilton on his cross ss.exrmination want
ed to speak Of the cause Of this publ
oation and the manner in which j
was performed. Counsel read frou
Tilton's testimony on this poin,
which was to the effect that the pull
lication was made in the papers a
the solicitation ofhis counsel, Jung
!. Morris, who considered. It importan
j, to his case. Now, said Beach, TIL
lton was subjected at this time to til
Z lbasest attacks I'll over the coun.ry-
was accused Of brutality to his wifi
charged with the grossest otfenses.
: lHow could Tilton defend hlmse
81 from this Wholesale calumny, excep
by following the advice which hi
" if1wycr gave himp Could anybod
condemn him under such circumstar
oes - IN iDdecorous and indelicat
j, lviolator Of domestic secretsr Nj
Porter 10 speaking Of the letter {
y January, 1861, which referred to som
! physical infrmaties Of Mrs. Tiltol
nasksd If anything meaner than il
6 fpuIIication could be imagined. No,
c The part Of this letter which referre
: to Mrs. Tilton's physical conditio
was not published ct ail, only som
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