Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-06-10

look like it when he took pains to secure
the silence of Mrs. Morse, when he sent
Mr.. Bell to stop the Deacon's meeting, and
when he enjoined secrecy upon his nephew,
Mr.. Perkins? He (Beach) had supposed
that the tripartite agreement was a device
for restricting the secret TO the small circle
then possessing it.
Mr.. Beach then considered the declara-
ton of Porter that Beecher was entitled
to a presumption Of innocence, and argued
that while this would be true in criminal
case the defendant in a civil case was not
entitled to such presumption. he cited
GreenIeaf on Evidence
to show that in a civil case the Jury were to
be guided by the prepOnderance Of eyi-
dence on one side or the other, and II was
not necessary that their minds should be
free from all reasonable doubts.
Great complaint was made Of cruelty
and unkindness on TiltOn's part, because
on Mrs. Tilton's return from Marietta she
found the housekeeper, Miss Ellen Dennis
in her place at the head Of the table. Now,
Miss Dennis was Mrs. TiltOn's cousin, q
maiden lady, somewhat aged, who, in Mrs.
Tilton's absence, acted housekeeper, and
naturally occupied her place at the table.
When Mrs. TiltOn arrived from the visit,
she found her there. Was there anything
indelicate or inappropriate?
Bessie Turner'S account was impeffect,
and the hOusekeeper, Ellen Dennis, was
in her grave, but granting even that Iilton
was unkind in his household; granting he
walked about the house at night to tind a
soft place for repOse, granting he had fol-
bles which rendered his home unhappy,
did that give Beecher the right to violate
its sanctity? These very facts may have
tempted the defendant to enter upon his
work of seduction. So Of all the
ExtraneOus Issues
which had been thrust on the jury. Sup
pose Theodore Tilton was the adOred OF
Victoria Woodruff. How did that affect
the plain issue in this case?
Mr.. Beach said he was not especially
favorable to the mode Of argument which
sought TO enlist the sympatbies Of jury
on one side upon the ground that the pop
ular verdict had been given in its favor;
but if this mode was to be employed, be
wished il to rest on a sound basis. He de-
MED that the popular verdict had been re-
corded for Mr.. Beerher, as had been assert
ed, and named a number Of
Well known Newspapers
in different sections Of the country as in
dicating by their course the popular senti-
ment in favor of NJ. Tilton. This was
matter which lie should have been ashamed
to allude to, but for the example set him
By his learned friend.
Then it was said by Mr.. Evarts that all
the best classes Of the society in the vi
cinage had gathered around Mr.. Beecher.
Had they done so? Where was DIR. StorrS?
He belonged to the jury Of the vicinage.
Where were DR.. Schuyler, DR.. Buddington,
DR.. Talmadge, DR.. DuTgen and DR.. Van
Dyck? He said he should not make such
appeals to the prejudices of the jury as had
been made by the other side. The jury
had an oath in heaven and could not lay
perjury on their souls.
There was no end of the misfOrtunes Of
the case. Even if Mr.. Beecher was found
innocent, he was sullied and damaged and
he could never stand in the pulpit again
the same grand and heroic character as be-
fore. If Mr.. TiltOn was sustained by the
jury his future would be clouded by the
past, his home would still be desOlated and
his innocent children. must suffer from the
blight of disgrace. The only resource for
those employed in an intelligent examine
ton Of the case was to discharge their duty
fearlessly and honestly, leaving the con
sequences to take care Of themselves.
Both nv learned friends are endeavoring
to show TiltOn as having 4 malignant
hatred Of Beecher. He thought it super
natural that the injured man should not
barber feelings Of hatred or revenge, and
the heart beals not after receiving such a
blow that would not bound with angry an
imosity. Yet with all this passion, he,
strengthened by love for his wife and chill
dren, had withheld his hand from being
stained with the blood of his injurer.
In various particulars Mr.. Beach claimed
that the opposing counsel has misTepre-
sented the facts in evidence, appealing to
the record to sustain his assertion.
While defending Mrs. Moulton from
The attacks of the defence, the court ad-
jOurned.