The New York herald., 1875-05-29


Would you eel like sensible men II you should puG
verdict upon allowing such man TO pick and
choose for you the things that are true ana take
them on his say so ? Mouton and T1ton were On
the same platform. In this cause the delendenE
did not need 10 trust TO this maxim so nrtny
ESTABLISHED, so wisely considered, carrying such
conviction both to the legal and common under
web Of hypocrisy. OF false statements. OF preyari
cations on their own showing, requires US only TO
take the converse OF the proposition, Jdtsus IN
omnibus, IdtsIs in un0. You have one question
to do Iermine whether the truth is not spoken
about II; all OF 1t IS false; false In everything;
false in character, In conduct In concealments, IN
Drevarlcations, IN open falsehoods, IN written
fasehoods.
BOWEN AND TILToN.
Counsel subsequently, read the PLAINTIFFS state
ment, written in November, 1872, IN which be set
forth that Henry q. Bowen told MN tnat the de-
Iendant was guilty Of adultery-a practice be-
gun In Indianapolis and continued In Brooglyn.
Between 1862 ana 1870 Bowen repeated the accu-
sation not less than a hundred times, that 1t
had not shipped ms mind; frequently expressed
deep sense of personal injury. frequently saying,
if ne was so minded he could drag Mr. Beecner
from his pulpit. Now, either TIlton believed
and am sure don't know now you ate going 10
hnd that out. Mr.. Tton mas said so on the stand,
this imputed conversation. But In respect
of Mr.. Tllton, we may fairy assume tnlt,
he has said SO. Now he either believed
them or he did not. If he did believe them. you
pretty sharp observation, DON'T you? hus.
band, rival. man who hated Beecher and
either loved or did not love his wife and either
way he would watch Ii he loved her he woulu
watch and II he did u OF love Ter he would watch;
and he comes here and tells yol that up TO tnat
July day, wnen his wife made some sort OF COM
munication TO him, until that time, he had not an
idea IN his head that there was anything wrong
between Mr.. Beecher and his wife, that tnere was
anything wrong in the visits and tue rides. We
have shown that in 1870, in the winter, that
Mr.. Beechor had driven Mrs. Tlton out IN tne
Park behind pair of Rrays, and had been thanked
by Mrs. Morse, and mad been tod what great good
IL had done Mrs. TiltoD.
Now, you will see that The material circum-
stances of this alleged seduction and alleged adul
terry Just as inconsistent with all the external
circumstances oil lie In which these parties were
placed ana the observation 10 W ich tney were
conduct with religious characters and pure moral
ity IS impossible. How do you get over that
Way, II Your Honor please it is one oil the singu-
lar perhaps unfortunate. traits in the manners
and morals and everyday re tsoning OF the English
WORD 10 describe the husband OF an unfaithlul
wife that is not inspired by the btterest contempt
and ccntumely ior the nuspand. Inere are TWO
ory falls me in the exactness OF the definitions |
Will read them 70 you Now as PLAIN matter OF
fact. the defnition of the word cuckold" is accu-
rate-tne husband OF an adul:eress. And tnen the
adjective "cuckoldv," having the qualities OF
cucEold-mean, sneaklng. AMI then We have an
ancient word not much IN use as indeed, the word
.cuckoldn is not much IN use because the occasion
does not occur In our socie ty "Wittol,u man
who knows mis- wifes infidelity and submits TO 1t
a tame cuckold. Now, that shows either coarse
or barbarous feeung, which NAV perhaps
count Tor IT, don't sympatnize, don't desire 10
sYmpathiZe, In any such contumelY, out IL SHOWS
the strong sense of our people, whether 1t has
grown up here or IS the birth OF English manlI-
ness before our removal hence IRON England,
and you find IN every languaVe-the German, the
Italian, the French-havng the same civilization
and the same CHRISTIAN religion the same con-
tumacIous asperslon OF the husband. Now, what
does that mean 1t means that the victims or
su h injuries are simple, silly, blind. lnd!ffercnt
Ca rrted away by affection to an absurd 0biusca-
ton OF their observation when the EVIL finally
happens as 1t must in It's approaches have oeeu
noticeable, and, either noticed or unnotlced
y ne na - te ca 'ae cncaoS
which Is simply husband OF an adulteress, carries
contumely and asperson.
THE ROMAN LAW.
Why there Is not any other name in the Latin for
II; no otner word that expresses tnat condition
OF the relation OF husband TO violated MARRIAGE
Now, the Roman law, II Your Honor please, was
not quite 50 lndulgent as merely to visit with con-
tumely the husbands OF violated marriage. They
had law in Rome, for the Romans were vtrtu-
Gus people. The chastity OF the Roman matrons
and maids was equal TO that OF any nation, and
out pure religion, SHOWS how much can be built
II the corner stone Of the family Is maintained by
sentiments OF nonor and reverence. The tenOneS
or pmps or panderers or procurers OF prostitu-
tion were watched and punished, and the crime OF
Lenoctni,um was visited with heavy punishments.
But that parents snould prostitute their daugh-
ters or owners their female slaves or husbands
their wives, was treated as an EVIL that must be
watched and punished, and the er Julia de ddttE
te7.iS provided that any husband who kept or took
back wife caught In the act or adultery should
be classed as leno, or panderer and punished
as sucn. t was condition OF the family that
was ,D Pessa,ns eseg,p" .d,s, tns most danger
man matronage was still TO include IN its
pure roll OF honor prosututed wives. wives that
had violated the marriage vow, where was the
honor OF the matronagef III Young wives. enter
ing into ma ronage were TO see that the power OF
public opinion ana the virtue OF that NOBLE state
was not dts tsngured oy the presence OF wives still
cherished by husbands with tue knowledge or
their in1delity however creditable 1t might be to
the extraordinary chastity ani affection OF the
ps rticular husband, IL was subverslve OF the IN
stltution and should not be allowed.
mrs
Counsel said he had not the least Idea that Mr..
T1lton was exposed, on any facts'1n hts own fam
tumeiious opprobrium OF the English phrase or
this darker condemnation OF The Roman law. |
from either, and think | shall succeed. But be
stood on very perilous edge, and he mas got down
the precplce as ne could get down ~, OF nus own
movements Aud ! present, as an utter lmproo-
abiiry-not gong quite so deep In tn de-
fence OF the morals and character as | have
sugg ested about a pure vile ana NOBLE man, out
put II to you mat IL Is moral ImprobiDility OF
tRe highest grade that Tneodore nlton has
suffered this disgrace Ia his family. He Is man
OF large intelligence: he is man Of active DOUBTS
and lears ana suspicious; he Is m n not mex
pert In the wicked ways OF tue world; he has mad
year alter year an inculcation into his mind that
Mr.. Beecher was dangerous visitor In the
families OF the pure-minded women Of Brookiyn,
and he has encouraged, mas observed, mas been
pleased with the visits OF Mr.. Beecher; ne has
seen his wife oy night and by day; he mas seen
the great interests OF justice never shall invade
he has seen into h,r soul; ne mas looked into her
during these many years OF the seduction
adultery; he has watched Mr.. Beecher IN his
comings In and in his goings out; he has
taIkeu IN restaurants ABOUT his want or
iaith In Mr.. Beecner, and has set other people
TO watch and think and suspect, ana now IN two
households sucn as Mr.. Beecher's ana Mr.. Tiiion's
in two houses such as theirs Ia the relations
possibly more public than when covered by
Inese swo rools, there has not come one fact IN
evidence against them, and there q dn't enter one
doubt, one thought, one fear, into Mr.. Titon's
mind or heart; but don't think you Will be aoe
TO find evidence-lf anybody else can't ne can't.
don't think you will. Why, gentlemen, consider
wnat IL Is 20 have such vigant vndictve.
perseverinR, intrepid, audacious hunt OF trained
hounds after you And then 10 see the petty,
trivial, contemplate external evidence produced
as clrCumstantlal, or as proUf oil the lact
SUSPICION AND AsPERSION.
why, gentlemen, we all understand the diuer-
ence between suspicion or asperson, and evil
dence, not coming against man because suspi-
cion hasn't Deen open-but IL was open TO Iltons
mind and kept alive by Bowen through ten years,
and ne watched, and watched, ana saw-that
Beecher was pure. And ne knew MS vile was.
That's the result Now, gentlemen, " in the gram
trade, and a broker comes toyou and gives yon
handtnI takpn from a cargo of wheat. and