The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-05-27
THE SCANDAL.
Conclusion of Judge PoIter's Argu-
meut.

COncIusiOn OF SuuSe Foittr's
BROOKLYN May 25,-Iu the Tilton. Beecher
case to day, Mr.. Porter continued his argu-
ment, charging that after Tilton and Moulton
failed to get the former back on the lndepen-
dent and the Woodruff business ruined the
Golden Age, their next object was to get
money. aud he followed through the history OF
events to show this
He then referred to the card prepared by
Tilton and Moulton for Beecher to sign, ac-
knowledging an Offence" Moulton promised
to burn all papers bearing on the scandal # he
did SO. That card was drawn up by Tllton
and Moulton at Delmouico's in the presence OF
Frank Carpenter, who was to have proved that
Beecher confessed to him. Thus another trap
was LAID for Beecher to acknowledge an unde-
fined offence which they could afterwards
make adultery. Now if Beecher had been
guilty and had confessed to Moulton, and au-
thorized him to communicate that tact 10
others-nay more, if he acknowledged it and
meant to acknowledge it in that apology, why
is it that be refuses to sign that simple card!
Under threats of these men Beecher stood hrm
and his answer was "Never, never! That is
false card. have committed an offence. L
have unconscously alienated Mrs Titon's at
fections. but have apologzed for it. and that
card is so worded as would lead all men to sup
pose / had made improper advances Is that
the language of guilt? Counsel next com
mented on the absurdity of Beecher telling
eide that day or the next, or that Mrs. Moulton
would talk in the style TO which she testified,
to person she believed capable OF selt-destruc-
ton aud was within three Eours OF eternity.
There is thread of truth running through her
narrative and the falsehood is in Transporting
conversations and substituting for innocent and
harmless words such words as ''crime, guilt
etc Again, this was matter of memory in
reporting what occurred. No two spectators
will agree in the description OF an accident; no
In Jnt1 n O
few men can report evenia conversation OF au
hour or day afterwards; but this difficulty is
increased UNNECESSARILY when there Is queS-
ton of many conversations for year and
half or three years ago, and the narrator had
no idea at the time of ever being called on to
repeat it, How much more then is the Difficult
ty increased when thu narrator has been
brought into relations of hostility with the
other patty. How easy it is to be induced to
change words applying the one matter to
another and different one. How easy does our
memory deceive us. There is no faculty OF the
mind so imperfect The memory of men often
lead them into exaggert ton.
How often do we find women, perfectly hon
est, testifying to what is untrue, and unable
to discriminate between memory and convlc-
ton What rests on human memory rests on
shifting sand. Surprising Beecher had accept
ed Moultons propositions to Plymouth church
and the papers had been burned, these men
would then swear that the word adultery APP.
peared in the letter of apology. which they had
DESTROYED. Surprising Mrs. MoultOn, to the
best of her ability, gave the jury what occurred
between, her and Beecher, her mistake, her in
nocent mistake destroyed an innocent man.
From the natural chivalry of manhood We are
disposed to believe Mrs. Moulton, ii we can,
but counsel would ask, was that expression.
Give the old man chance, the language OF
delcacy and refinement? From her cross ex-
animation it appears that at the very time
these two slippery rogues were plotting against
Beecher, Monlton was writing friendly letters
to hun, which drew from him friendly express
sions of gratitude, and Mrs, Moulton had been
sent again and again in her carriage to bring
the apostle of free love to the conference of
these midnight conspirators. Mrs. Moulton
SAID Beecher told her he had powder Oh his
library table and should take it and commit
suicide. Ii he meditated death and mad pro-
vded the means why is he not dead? The oc
casion for taking it was the publication OF that
letter of apology, 1t was published aud he is
still strong, healthy, fearless, living man,
after passing through darker days than these.
Before concluding be wonld say word IN
favor of his friend, B. E. Tracy. That gentle
man acted justly and honorAbly. He felt it
not his right but his duty to accept Retainer
of Beecher and when the attempt was made
to represent him as admitting the guilt of
client whom he never consulted, he said, Il
must withdraw from this case be the conse-
quence what It may. must he witness 10 this
case" The question whether he should be
witness was deferred, and if there was an er.
ror it was the error of counsel (Porter) and of
Evarss and if bis learned opponent considered
that they prostituted their professional judg
ment to obtain awitnesS who was not bound
to be sworn. let him repeat it.
There are pleasant memories connected with
this case as well as unpleasant ones, and he
was reluctant to give 1t up, He knew not
what to say of the courtesy and kindness he
had received from the chief justice. Decisions
were made in the early part of the trial when
the defence dissented from and now counsel
felt it his duty to say the judge acted wisely
and well. 1t was due to the plaintiff and JUS
tice that the broadcast door should be opened to
admit everything that could throw light on
that case. He would not conclude without ex-
pressing the high sense they felt of the integri-
ty and purity of the jurist who presi les on this
memorable trial and whose name will go down
to posterity with that of the jury in the record
of this trial that will be memorable to all
time There is not one man on that jury who
is capable of giving verdict such as Judge
Morris demanded, a verdict that would con
demn the defendant. IL there be one man who
like the Roman centurion is capable of thrust
ing a spear into one who is innocent in respect
to that man there will be one who in emulation
of the Redeemer will be apt to lift his hands in
prayer, Father forgive them for they know
not what they do' But no such verdict will
come from the jury, but verdict that will send
an electric thrill of joy throughout christie E
don.
AS Judge Porter concluded there was burst
of applause in the gallery and one man was
elected. Owing to Mr.. Jeffrey ,one of the jurors
being uuwell the court was then adjourned
till II O'clock tomorrow.