The New York herald., 1875-05-29

afternoon his thoughts seem TO travel
slowly, and he was less happy In his
choice OF both argument and language. The lack
OF interest In THIS part OF the address, combined
with the heat made many OF the audience sleepy,
and made many more retire to the cool, resh air
outside the Court House. At the close OF the pro-
ceedings Mr.. Beach created some amusement by
announcing TO the Court that ne held IN his hand
q bundle o. newspapers addressed to eacn in
dividual juryman, ana he wanted the Court TO
open and examine them. Judge Nelson did so,
and, amid much laughter, explained that the
papers were illustrated and OF perfectly harm
less character
MR. EvARTs RETURNED
10 the courtroom at five minutes after two
o'clock, and Immediately resumed MS address.
ternal iacls and direct testimony TO mere concu-
sions from lts absence or the absence OF
was the old family half servant, nat friend, Kate
Mcdonald, wno nad been IN tnat family from 1855
TO 1868, aud now at present occupied in some way
IN connection with MIR. Tilton's nousenold-a SER
want, friend. coming from her relatives TO his
nun; devoted 10 the cnlldren, as ms cnllareu no
doubt recognizing the leellng, the duty OF the
the sentiments OF an honest heart ex-
cited In her favor. But still she be-
longs TO the fathers side or tine house;
and in The break up OF the family. and in the
ordinations and recrimlnatons tnat proceeded
between them, ana In her sympathies and IN tne
adhesion of aer fidelity, sne stands now with the
father and the children in MS care, and sne was
called up lot purpose or pr importance,
showing, that while lheir vigilance omiCs nothing
she Is wuolly silent on the questlo OF whether
there occurred any thug, from the time OF the mar
rla9e IN 1909 70 lhe broken nome IN 1874 tnat would
indicate either evil desires. loose conduct, errng
purpose on tue part Of the wife. or tmpro psiety OF
visiting time. In length In respect TO the actions OF
Mr.. Beecher with tnat house, and not a word YOU
ind there, IN the absence or ~ tie otner servants
who would be llkeiy 10 nave known Ol them.
None OF them nave adhered to us; none OF them
are within our control, ana yet there were SER
wants runntug tnrough the family 1ve al a time
during all these years Wen, their whereabouts,
their accessibility IS not known To us; but not
one OF them is brought. Finally, the intelligent,
experienced, sober observation and JUDGMENT OF
this excellent woman, Katie Mcdonald, Is brought
be lore you, anu the reason t0at nothing IS SAID
Is, tnat nothing eXls,e1 In fact or in truth be
raised You must deal with tins matter as be-
rules. You are men with the qualities Of lntei-
gence, the sentiments OF neart anu experience OF
lie that belong to men ana you are TO Judge OF
men and women, ana to judge OF families, and 20
Judge OF actual practical ually lie IN the lace and
ewes and on the level OF the society OF Brooklyn.
You 60 judge OF witnesses ana Of the wit
presence or absence or Testimony ami the absence
OF any more welghty testimony which would
be produced, and aways Will be produced IL there
is any fact at the bottom wnicn would warrant il
and give 1t growth. These men, Mr. Tllton and
Mr.. Beecher, and this woman. AIRS. l1lton, are 20
be judged as men ana women OF our IA ana our
society, and our daily lie, far as all our ex-
iernal relations go. They are 10 be judged farIy;
tney are TO be Judged justly. When individual
differences rom the common traits OF llle-ln In
teect, in character, IN ldea, IN habits ol thought,
In habits OF exDression-come ~ oe scrutinized
be considered larry according 10 tine texture ana
qualities OF their own nature, 50 lar - thev are
from your nature or my nature. That Is fairness;
but at the bottom we must Judge them as man and
woman. II tney are angels we have no mode OF
judging them. IL Mrs. Tllton Is
ALL SPIRIT NO BODY,
and II Mr.. Tlton Is al DOdg and no spirit we have
no mode OF judging them as such. they are not
normal characters. We ume that intelligence
education anu experience on the part OF Mr.. Tton
exposes him TO our Judgment as OF a man thus
having his faculties, large by nature, sharpened
BY education. hardened by experience with the
world. And yet IL IN the utmost good faitn that
In al my Illustrations and my argument on the
question Of the PROBABILITIES OF his having oeen
deceived husband, put 1t TO you tnat II - one OF
the greatest improoabilities IN respect TO his IN
telect, IN respect 70 lis character, 10 respect 10
his experience, m respect 70 his lle-that IL IS I'M
possible TO lmpute TO another. could almost as
soon expect to convince mNsef that ne Is not SIX
feet, that he Is not beautiful IN rhetoric OF an
accomplished taste, an educated faculty OF rhet-
orlc and OF speech, as 70 convince myself
that. with this power OF intellect that this
evidence displays, and with the sharpening Of the
observations and elements ol Judgment tnat treat
he should have been the victim. There no
SATIRE and no sarcasm about II. My point ID tnat
there mas never been reason Tor a suspicion; that
there has never been ault on the part OF the
wife; tnat ne IS not the husband OF an acuiteress
Now gentlemen, laying out OF view the trivial
and feeble and worthless testimony that bears
upon the innocence or guilt OF two excellent
people, what is there In the ordinary expert nee
OF mankind on these questions or on tue maXims
OF saety and security tnat tue law and common
Justice nave provided for sucn controversies
Wuat is there lett 10 imagine aboutr thnk,
as | nave said, that but for the great
ultimate fact Of the question o. the yinulca-
tlon or Mr.. Beecher against this impeachment.
there would be no further inquiry. tninA the In
telngence q the experience Of every juryman
was appalled, az the poverty oi Judicial eXamlna-
ton when the plaintin rested ne mad
simply reproduced the pamphlets Of last summer
ana the words that lowed from their mouths.
But yet you we're Kept ~ expectation that Mr.
Beecner-wno knew all, and VINO knew II he came
upon the stand. even n ne dld not fear God, might
lear man aud his punshments-coud never come
on the stand. ihfee odtns ol witnesses are TOO
many to be breasted by a man who WAS to tell q
lie. They were togetner. out tney were not too
many 70 be breasted by man who knew tue truth
and was gong 10 tel IT, II taey watched the tor.
tuous course OF toe evidence, drawn hlther and
thItner by Moulton ana 1tlton, tney would nnd
there mad been great ingenuity exercised 20 avoid
the missiatements mat carried lnlutauons OF
CONSEQUENCES OF lalsehoOd when any such
statement ran against TWO witnesses taat
could speak and contradict the same thing.
For ne law OF perjury. which rules tnat con-
vIction should not take place on the false oath OF
itness speaking 70 the contrary allows the
Judgment % come II there should DC wit
nesses-tnat the jury believe tue two against the
one. And 50, day affer day tnIs unhappy human
nature OF showed not IN qualities 50 dis-
credtaoe TO u IN the bravado aud defiance or
when he came ON the stand most OF this sentl-
ment SUNK away. Ana then ihey said, walt LOT
me re1Gttai.r NOBODY appeared against him.
Mr.. Bell aud Mr.. Bowen gave testimony as vaua-
Die 10 the cause OF the defendant as any winch
had oeen introduced by him. Mr. kvarts had no
dount but that the CHIEF Marshal oi the Com
munlst proce was honest IN defining Mr.
Tlton's position IN the procession, but thought be
The z eat point on which that evidence was in
troduced TO Us was 70 snow That communion or
association that had been IN ntroducod INTO the
case by Mr.. Tton The evidence is Tor the plaintin;
not Dy him personally, II Was carried 80 lar anu
appeased tO MS sympathy. Tue procession was IN
honor o. the Commune. whcn had the history that
IL hal ana Included IN tt the murder OI the Cnlef
Justice France and the Archbishop OF Paris.
Ii Is seldom In the experience and exposure
OF lie noble a sacrnCe was ever made
as the Chief JustIce, killed. ike the head OF the
clergy. the ArcnDishop, among the hostages OF tnis
mob oftne Commune. From the time OF the apostles
down has the crown oil martyrdom been widely
distributed out Ia modern times II has been the
sineuiar honor, when martyrdoms, wDen cruelty,
wren the fierce natreds against religOn and moral
ity bad been subdued by the prevalence OF religion
and morality mas been the nonor oi the Catho-
lie bishops oil Paris to furnish Within our own
time two martyrs TO their religion. lam as mucn
as anybody, but would like 70 see
the rivalry between the old church and
all branches OF the new, aud tnen
among all branches OF the new, In emulation IN
Christian faith and duty, courage ana nope and