Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-06-13
tors on the bench Included Senator Nor
ton, of Indiana.
A REBUKE.

/ a REBUkE,
/ JIsb before recess, while Mr.. Beach
was speaking, he saw an expression OF in
| creduiity restngOn the face OF Foreman
! Carpenter; looking him steadily in the
! face, Mr.. Beach said, am entitled to
your respectful consideration, sir; | am
| presenting to you tstill looking at Mr.
! CarDenter) sworn evidence in this case,
! evidence that has not been cOntrsdicted.
! You may smile, but you are here under
your oath to weigh the sworn evidence
presented before you, and have right
/ to expect your courteous attention after
! thirteen days Of speech.making on the
| other side, This al usiOn OF MIR. Beach's
created a decided sensation in court.
AFTER RECESS.
After recess, Mr.. Beach continued his
argument. He said Mr.. Ev2rts criticised
the relation given by Tilton of his wife's
! confession on the ground Of Its particu
| Isrity, and because it was too precise and
| formal 1t was said to be unnatural
! that Mrs. Tilton, speaking Of Beecher,
should specify that he was her pastor.
| Well, Jacob, in speaking TO Laban Of
Rachel, specified not only that she was
his daughter, but his youngest daughter.
| There was a significance in the allusiOn
to Mr.. BeecheT as her pastor. 1t was
| this relation which he bore tC Mrs. Til
ton that gave influence to his persuasion. |
It was said that the confession of
Mrs. Tilton was no evidence
against this defendant; that was
granted. The court ruled It out. But
when this confession was detailed to
the accused, who covered before it, and |
exclaimed that it would kill him, it be- |
came significant evidence of his guilt. |
The defense claimed this was a forced |
confession. There was weakness in their |
position. They mistOOk the paper OBJ |
tanned from Mrs. TiltOn on the twenty. |
ninth Of December for her confession, |
but the confession whose repetition stag |
gered BeecheT, on the night of the thir-
tieth, was that revelation that was
made Nv Mrs TiltOn to her husband in |
july, 1870. Ia view of this fact, the pa
per used by TiltOn on the night of De-
cember 30th, became Of no value. In
this case it was not the basis Of this
charge; it was not the accusation which
was used against Beecher in that inter-
view. II was used to introduce the in
terview, and Tilton had described the
manner in which the paper Wss OBJ
tanned. Speaking Of the failure Of the
faculty Of memory, MIR. Beach said that
he believed that there was more inVoi-
untary perjury committed in courts OF
Justice than the human nina could con-
ceive. He did not believe that single |
witness in this case had given an
exactly accurate narrative Of
any transaction which occurred
two or three years ago, or
even one year ago; il there had been, it
was one OF Evart's miracles. Laugh
ter It was easy for q skillful cross
examiner like Porter or EvaTts to lead
a witness to use some extravaganza eX-
preston. II ne (Beach) had confessed
TO one of the jury that he had commit
ted murder the fact Of the confession
would never fade from his mind, al
though he might forget or misrecOllect
the language. So with Beecher's con-
fessiOn Of guilt. His expressions Of re-
morse and despair fixed their character
indelibly on the minds of TiltOn, MOul-
ton and Mrs. MOultOn, although the
minute details might not be accurately
retained in their memories. Beach read
from TiItCn's testimony to disprove the
charge that he had garbled the "Cathe-
rine Gaunt" letter. EyaTts had alluded
10 Baecher's noble efforts in England
during our civil war, and had asked the
jury, "But after all this are you, gentle
men, going to convict BeecheT, who had
done this great work for his cOuntry?"
And this was an argument, said Beach,
that an advocate advanced to an Ameri-
can jury, sitting in court Of justice, to
convince them Of Beecher's innocence.
Oh, you mustn't convict him; England
will laugh at you. You mustn't tell he
seduced 8 woman, as her aristOCracy
would meet you with cOntumely. Oh, /
my learned friend has had too much to do
with England and her aristUCIacy. If
this Was the way the jury were to be
controlled, then God help American in
stituti0ns and justice. Loud applause.
Was their verdict to depend on what
England thought of BeeCheT? Why, no,
said the counsel, their judgments were
to be controlled by Justice. Counsel
went on to remark on Evarts making a
demigOd Of Mr.. Beecher, whereas not 6
word was ever said by counsel in denial
of the charge o. improper advances, and
Mr.. Tracey, in his opening, admitted ;
the question to be whether the charge
and Ofense was improper advances.
Mr.. Porter here interrupted, and said
ne could not permit the counsel to state
a faIsehoOd, and misstate what they
said. When, said Judge Porter, have
we admitted the guilt Of improper So
Mr.. Beach replied that his learned
friend put their friendship to tension
when he accused him of falsehOod.
Mr.. Porter stated that he was aston
ished that Mr.. Beach should say that
they admitted the guilt of improper SO
licitatiOps,
Judge Nelson stated that ne under.
stood Mr.. Beach t. say that the charge
of i'm Y1~nrpF advances had not hncrn do |
MED.
Mr.. Beach aDgrily repealed the accusa-
ton that he had stated q falseh0Od, and
said he would not take such an insult
from any man. The counsel then con-
tiUued, and dilated on the habits of
Beech6T, saying that he stated this: "His
were holidays with him, and
these were the days when the troubles
came TO him." He found time on Satur-
days 10 pay visits; to go to Mrs. TiltOn's
and put the baby to sleep, and engage
himself for future duties in that cOnnec- {
ton; Rs he said once, if the baby was
uneasy and wouldn't sleep, to send fer {
him. He also found time on Saturdays ,
to take Mrs. TitOn out for drive. The {
counsel referred to Tilton's alleged cruel
ty to his wife, and said there was only =
one witness, Bessie Turner, who testified
to this conduct on his part. Joseph :
Richards, Kate Carey, Mrs. M'DOnald '
and Others, aye, even Beecher, main s
tanned that this was q bestific and happy =,
yet Bessie Turner's testimO- {
ny was taken against these witnesses,
and the jury were asked to believe it.
The counsel knew they had prejudices
against TiltOn, who would crawl at no
PERSONS feet, but demanded justice at
their hands, and he would get it some
where and somehow. He will get JUS
tiCe, if not here, in the future, and
Henry Ward Beecher would meet with c
4 fitting reward. '
Court adjourned until Monday morn l
ing.
THE MEXICAN RAIDERS. I