The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-23


writing OF Theodore Tufon which has bearing
upon the controversy is portion ofit, OF course
OF the case. Now AS this Lille OF Victoria Wood.
hull" when produced an effect upon me public
mind, was disastrous to Mr.. Intoh's position az
an EDITOR, and to the standing oil MS paper as q
public PRINT, H. was the most dehnites sign yet
given OF his aylng himself with those doctrines
OF Tree love- with that lady as his advocate. IL
will speak Tor Itself IN that regard. and am not
AFRAID TO characterize 1t, and therefore IN the dis
asters when followed, and from mich the effort
was made by Mr.. clifton and by Mr.. MonL
Beecher to take a decided attitude IN reierenc:
TO this Tree love doctrine, and with reler
ence to TINS lady, 10 De one H OF the champions
relations TO them, or Indorse them TO some extent
at least, for presiding at public meeting could
not but be looked upon as an Endorsement OF the
doctrines OF That SCHOOL The EFFORT brought upon
Mr. Beecher was TO produce that benefit than
which none could DC more important 20 Mr.. I'll.
ton; no mere pecuniary one could equal IT. 1t was
RECONSTRUCT THE RUIN
In which Mr.. llton was placed, and TO procure the
powerful influence OF Mr.. Beecher, as we have
shown, and as we know In the step following, the
Stenway Han meeting. Further than TINS there
was we shall show, great necessity for them to
put forth all these efforts But as TINS witness has
some faUr cation, some discussion. There was the
card OF Mrs. Woodruff. IN the spring OF 1872; there
was later aIterw ara the publication OF an
article IN the tall OF 1872, and So now, finally, IN
the Bacon letter there Is constant introduction OF
SUBJECTS 10 pubic notice winch we suppose, under
acts and evidence III direct proof, are connected
with the movement OF Triton with the knowledge
no sincerity, no action OF a sincere nature toward
suppression, but II constant keeping alive con.
proach In reference to Mr. Beecner and made the
occasion OF the interviews and transactions lhat
thus witness mas detailed. rms Lille OF Victoria
ton IN fortune ana reputation in respect to his
credit and vocation OF an editor, and accounts l0r
''Sir Marmaduke's Musings" which have been put
in evidence by our learned friends. Now, in thaS
"Musing"-tnat form OF
''sIR MARMADUKE's MUSINGS"
ELOQUENT very beautiful, put very general,
the course OF ruin III which ne had finally come to
succumo, contains the evidence OF That destruc-
rebuke OF his course, having relation to these mat.
,srs Of MS com tn prosperity IN resasd TO
submit to your consideration.
MR.. EvARTs' LAW AND LOGIC.
When the Judge ruled out the life OF Woodruff
by TiltOn, with decided tone, Tracy, Shearman
and Evarts held a close consultation, standing up
and Morris, Fullerton, Pryor and Pearsall held
another earnest consultation, sitting down. Tnis
led to Mr.. Evarts being chosen to make an argu.
ment for the admission OF the Woodruff matter
generally. TIlton whispered to Fullerton, and
Mrs. Beecher looked sternly at Tilton.
The argument Of Mr.. Evarts showed his peculiar
power, which is not so much IN the perfection OF
Its law as in his ability to make statement
presenting case LUMINOSITY to the average mind,
and with the highest form OF pIausbllity, namely,
dignity. He sometimes seem to drag his voice
up TO an infection, and occasionally the listener
VIII feel, from sympathy, sense OF pain in his
throat. The point he brought out was that ''Sir
Marmaduke's Musings" might have been the re-
suit of Ttons unpopularity after publishing
Woodnull's lie. 1t was very ingenious, but Mr..
Beach presently stIgmatized 1t as style OF reason
ing which was merely argument, and OF assump.
lions based on no evidence. Roger A. Pryor. who
has very good literary mind and literary culture,
lisvened TO Mr.. Evarts argument as II he admired,
while he challenged it.
MR. BEACH REPLIES.
Mr.. Beach-The argument which has been sub.
mirted by the learned counsel it seems to me,
Your Honor, would be more appropriate in
another and subsequent stage OF these proceed
lnas. IL CONSISTS OF assumptions Of facts and OF q
system OF reasoning which IL simply argument
aud 49, as we contend, unlounded on tne evidence.
That the prospects OIL Mr.. l1itOn at The time SPOKEN
OF were not p Osperous We do not propose to
deny; that he was suffering from pecuniary en-
barrassmen s, and WAS enduring to very con.
SIDE able extent Tor some reason or other, the
dsapproDs'lon OF portion OF the community, 10
very distin. .iy apparent. II Understand the
argument OF the learned counsel he proposes by
the introduction OF THIS biography OF MRS. Wood.
publication; but the nrss place there is no evi-
dence creating any connection between the Tor
tunes o! , Mr. Iito1 and the Inc, publication Of this
very difficult and necessarily indefinite, unless
the counsel were permitted to prove by the opini-
OnS or DECLARATIONS OI others the
SPECIFIC OFFENCE
which 1t has produced upon the community, and
evidence by which that assumption could be de-
monstrated. There Is nothing yet in evidence to
show any relation between the Two things. My
friend gives very proper c.edIJ the poetic errn
sions OF this pialntin, entitled "Sir Marmaduke's
poelIcal and pathetic description OF the inJur to
MS prospects and condition procured by his con.
nectlon with Mrs: woodruff. Pray, Your Honor.
has not yet been revealed, but is purely
q matter OF argument upon the part
not propose here to answer this argu.
ment. AS / said before, at the proper time
and trust IN proper manner, this whole theory
OF the defence viii be examined upon the evidence.
aud the facts revealed by the evidence, and II
may be possible that upon that occasion IL VII
be easy to snow that the misfortunes which have
fallen upon this plaintiff originated from an alto
gether Inherent and more eilcIent cause; q cause
clearly and abundantly recognized by the defend
ant Now, the specific objection 10 the intr0duc.
ton OF tais tract Is, nrst. taat there is not evi
ing the authorship oil this article to Mr.. Tilton.
II may be technical objection to the nature OF
have been driven by that sort OF objection TO "a
gre 1t deal OF dlficulty and embarrassment so far
IN the presentation OF our evidence, as Tor In.
stance, 0riving us TO the production OF the
ARCHIVES OF PLYMOUTH CHURCH.
officers ol this defendant. We, therefore, do moi
choose to waive an objection O this character
The printing or protessed printing OF thus PAPER
Its telltale page the authorship to Theodore Til
ton, Identifies or concludes Mr. Titon upon the
question OF authorship, and therefore submit
that until they make more clear and definite
proof upon That subject That objection OF itself ID
abundant. Now, DO not understand that this
paper Is offered Tor any other object tnan to dem.
Onstrate the proposition OF the counsel that this
was the origin OF the difficulties which at the t1me
or subsequently, embarrassed Mr.. 1ilton. Well,
Your Honor must necessarily look at the nature OF
the article itself Tor the purpose OF determining
whether IL could have legtimatey have haa sucn
an enect; whether IL IS material to establish tnaG
TACT, unless you see In the substance aud charac.
ter Of tue production cause efficient to produce
the results attached 10 1t. Well sir 1t Is SAID this
lady, Mrs. woodruff ut this time was professor
OF What are called ''Free Love dOctrlnes;u 1t II
said that she was An advocate OF the movement in
favor oil
"wOMAN'S RIGHTS"
Where Is the evidence OF that-the legitimate
and proper evidence OF that lactY True, in the
lecture at Steinway Hail. as this wit ness says, this
lady lectured upon the relations existing and pro-
posed as between man and woman; but where Is
the evidence that Ia that lecture there was any
license, any improper theory advanced, any doc
trlne oil Tree love which would shock the moral and
social sentiment OF the community AS yet we
nave no proof on that SUBJECT, and from the inlor-