New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-12


ing Of the commission OF this ofensc to say that 1t was
committed at liza LvingstOnst We'll. suppose very
reasonable explanation Of that phraseology would De
that they had resided at two places in Livingston ST. ono
as and the other ia. and In giving the account 70
her husband Of the circumstances connected win her
dsonor abe they occurred at the place whcre ey
resided. She undoubtedly did not use the term Iva V
ingstont but Mr. Tlton In communicating tho infor-
nation which he had received from his wife, clothed
with those specifications, with that language.
Well then Mr. Evarts contends that 1t Is incredDic
that Mrs. Tit5n should have used tho language my
pastor, Mr.. Beecber," when identifying the person
against whom this charge to be made. Wei am
not able to appreciate tho force Of that criticism con-
fess and am referred to memorable example which,
suppose will not be doubted In Its authenticity which
would equally excite the credulon Criticisms OF my
learned friend When Jacob asked Laban for his daughe
he says: at will serve thee seven years Tor hacnei'
thy younger daughter" we the Scriptures are thought
to be toleraby good rhetoric, pretty reliable standard
for the uso of language and Jacob In addressing
father I'm addition to naming the daughter for whom no
was willing to years by her naine shouid
specify her his youngest daughter seems 10 DO
admissible for Mrs. TtOn. speaking OF Mr. Beechcr' 70
speak of him Mr. Beecher her pastor And pernaps'
there was an implication in that form OF express
sion little beyond the especial object OF the c0mmu-
ncaton 1t implies something Of intensity and possibly
rebuko"The man who did this not only Mr. Beecher
but no was my PASTOR and there wonderful deal OF
implication in that torn we shall hnd when we coll
meet with the different steps In the progress OF ths Sc
ducton. Mr. Evarts says, In answer to the IDEA winch
grow out Of the testimony OF both the principal
parties in this TRANSACTION that this woman 80 exalted
and spiritual hcr nature and devoted in her Christ
iany as she Is represented to could not have aen
unless through speoous sophistry some spiritual
deusOn operating upon her senses and her ncnatohs
Mr. Evars Says "Why man In the history OF all the
world has used any such arguments to persuade the viz
tue of woman attributed to Mr. Beecher; that
tho indulgence of love nnocent that We cannot con-
troll the passions and emotions Of nature we cannot
shut our eyes to beauty and loneliness; cannot close
our hearts to the approach Of tenderness and affection
for those who arc loveable and aractve therefore, 1t
IL jusiable to love, and II that be jusfabe by the
ordinary forms and expressions through and by which
love is manifested and love Is intensified they must be
innocent. Nobody could such language and argu-
ment"
Walter Scott supposed to have been tolerably good
scholar In human nature. No writer has pictured so
graphically and beautifully all the manifestations OF our
nature in its highest and best developments. No man
has studied persstenty the character OF man as
expressed in his history and in his actions and he mas
considered tho great master OF human passion as
the great printer of human nature. In "W0odst0ck,"
which hope some of you have read historic romance
which develops to great extent tho wonderful Of
Cromwell and his redOubtabe Ironsdes." one OF them
was Master TOmpkiDs, a man who fought with tho
Bible on his lips. He Independent prcacher-as
independent Plymouth Church. law unto itself judg
ing for ITSELF acknowledging no allegiance to Presbyte
res and Councils and Synods but standing upon its own
law yielding no submission to any higher authority
Well these Ironsdes who preached at every interval
between the battles and who fought with the courage of
religious zeaOtry, were very remarkable characters
This Master Tompkns he is called, was famous OK
horter OF the Cromwellian legiOns; and yet no was
touched with tho sofness Of human nature, and even the
dify nf fOio
could not entirely exclude tho temptations OF the flesh
And while they were occupying the old ruins OF Wood
stock the old somewhat demolished homo OF roy
ais no came into contact with the daughter as 1t sad
Of bold forester, named Phoebe. while she was drawing
water at the WELL and attempted to introduce familiarity
with her by offering to carry her pitcher Well she re-
sented this; and ne says to her:
"stand up foolish maiden, and lisen" said the indie
pendent, sterny, "and know in one word that sin for
which tho spirit OF is punished with the vengeance
of heaven eh in the corporal act but in the thought
of the sinner Believe, lovely Phoebe that 10 tho pure
cnr actions. even as the radiance Of the day dark
blind man. but and enjoyed by him whose eyes re-
s much much he
KIN milk a. r BSf @ IS
ordinances and restraints. To him, as to the chosen
T1,S withhold him from the enjoyment Of his hearts
desire Into such pleasant paths VIII guide thee Lovely
shall sre and
Henry Ward Beecher by the mouths Of two or three
three witnesses the mode in which he is alleged to
have addressed this lady, united with all tho other in-
ences which clustered around him as great genius and
distinguished preacher And we find, under the treat
ment of great novelist Of versed In all the intri
caoes OF human knowledge and human experience trac
ing out the operations of human nature as romancer but
vet with fidelity to nature, the same idea suggested.
Well, Henry Ward Beecher has read that undoubtedly
man who reads Dumas will not neglect Walter Scott
And very many is the with all OF usvery many
of tho brightest and highest conceptions Of our own
minds are derived from these sources OF information be-
cause there very little originality in the world There
are original forms of expression but 1t would be difficult
to Indicate thought sentiment principle OF morality,
nature SCIENCE that has not been long ago dreamed
OF and developed And it is not very surprising, II
it be true, that Henry Ward Beecher was, In
his intercourse with this lady. governed by his
lust. or IL, under the fercenoss Of temptation.
he yielded to the attraction and tho opportunities OF the
situation it Is not surprising that Mr. Beecher should
have used arguments OF this character and addressed to
this woman this sort of sentiment Another great man,
great as Beecher lofty in all the paths Of knowledge,
as consecraed the hearts of the world Henry Ward
Beecher puts the mouth Of one OF his characters
and gives authenticity Of his name to sentiments and
arguments of like kind And when Mr.. Evarts says that
no man of intellect dreamed OF arguments OF this
character addressed under such circumstances to the Sc
duction of virtue present him the example as den
Gated by Walter Scott.
II your Honor please. a legal principle or two upon
the subject Of confessions fortified by authorities have
been submitted to your Honor. have occasion, Sir,
to contend with them. admit every proposition of my
learned friends upon the subject maintain the same
doctrine. But don't friends soc that when they are
claiming the benefit of their propositions for their
own witnesses they operate with equal force and eff
cheney in favor Of their adversaryi 1t said that the
confession of Mrs Tton evidence against this de-
PENDANT Granted, Sir. Your Honor has over and over
again ruled it, and again and again acceded to the
proposition only when that confession is detailed
to the party whom 1t duplicates when with precision
q