Year: 1874

Mr.. Beecher's Case.


Although the readers of this paper
have had TO learn the fact from other
sources. none of them are ignorant of
;he existence of an action at law
brought by Mr.. Theodore Tilton
against the editor of this journal, We
have refraincd from all mention of the
subject for obvious reasons; and in
now giving a trIcf account of the
course ofthe affair in the past, and
of the intentions # the defendant in
that suit for the future, We shall alb
stain. as far as possible, from saying
anything which might influence the
current ofjudicial proceedings in the
ease. ~ss


That the defendant, so long as it
seemed practicable to keep from the
| public the names of those pure and
honorable women whose regulations
were threatened by false and wicked
ISLANDERS, made every effort to do So
willingly putting his own name in
peril, if thus they might be spared
he neither denies nor regrets. If the
developments of the last year have not
justified the motives. as fully as they
have proved the uselessness, of those
efforts, then we are unable to offer any
argument which will reach the uncoa-
vinced. We are not of the mind OF
those who profess that they main
tained silence because the welfare Of
the community, the peace of families,
and the interest of the Christian
church demanded it. hut felt bound to
sacr. fee all those interests the mo
ment that their own reputation. was
attacked. On the contrary, we feel it
to be the duty and the privilege of a
Christian man to bear thousand at
tacks upon his own reputation in si-
lence, rather than to suffer one inno-
cent woman to be vilifed for his sake
before the world.


We are not alone in such opinions,
or in the course which We have adop.
ed under such views, Eminent and
honored men in every walk of life,
! and notably so among the clergy. have
pursued the same policy in numerous
instances, some OF which are recorded
in hist ory at intervals for hundreds of
years past. and Others are known to
US toby. But those which are
known are not 1.-THE of those which
are generally unknown. For in the
vast IN 'jority of cases the policy of 81 :
! lence is completely successful, and is
the best siud;cation of tho innocent.
The innocent man yindicates himself
by his life, and if the innocent woman
! can at any sacrifice be kept from be.
coming the subject of publ: comment
the triumph Of truth is SO complete
that the lie is utterly forgotten.


! II was only in June last that it be-
came necessary to change the policy
previously adhered to- On June 25,
the letter of Mr. filton to d. Bacon
was published On the next day Mr..
Beecher resolved to call for an inves-
tisation. He was at first disposed to
place the matter in charge Of gentle
men outside of his congregation, but
was advised that such proceeding
besides being inconsistent with
Scriptural injunction and Congrega
tional usage. would not be within the
protection which the law accords to
the disclosures of witnesses US privi-
ieeed Communications (and so not
libclous), if made in an Investigation
conducted by the religious society of
which the parties brought in question
are members. He therefore invited
six members of his church and con
gregation to take charge of the case,
and left it absolutely in their hands
Their names were suggested to him
by members of the regular Examining
approved by the full committee when
it assembled.


This special committee went about
its work with determination to be
thorough, and was therefore neces-
sarily deliberate in its movements,
which were regulated entirely by its
own members. without any attempt at
advice or guidance on the part of the
pastor of the church Its conclusions
were the result of it's own independent
Judgment, and in some minor respects
did not accord with his.


Before the committee had finished
its investigations, Mr.. Tilton, who
had at first willingly appeared before
it, and testified to the honor and In
tegrity OF its members, withdrew from
its presence, and brought the suit at
law which is now pending. The com
plaint was served August 81, during
the defendants absence in the White
Mountains. The answer was drawn
the next day; but, owing to the dis
tance, and succession Of difficulties
in procuring correct official certifi-
Gates without which the defendant 8
oath to the answer would have been
nullity) it was not served until Sep
tember Z. which was. however, still
some days in advance of the time re-
quired by law.


Much has been said about delay in
this suit. 1t might suffice to say that
no case of similar importance and
complexity was ever brought to trial
before civil court in this part of the
State in so short time as this will be
But, furthermore. it has been conce :
ded by counsel on both sides, in the
presence of the Court, that there we're
not iiurers enough TO try the cause in
November. nor time enough in De-
cember. The defendant personally
urged his counsel to arrange for an
early trial, but he has left the case in
their hands, and is satisfied that they
have done that which was wisest and
best.


The application for statement Of
particulars has not met with she favor
OF certain newspapers; but having
been fully sustained by the highest
court of the State, and indorsed bv
the best legal authorities on the bench
and at the bar, outside of Brooklyn.
we venture to believe that it will stand
the test of time.


Already one result of this motion
has been to clear up much of the mys.