The New York Herald Newspaper, June 17, 1875, Page 4

4 “THE EXHAUSTING TRIAL =inabeeeaaet One Hundred and the Scandal Case. BEACH STILL SPEAKING 10 THE JURY. Following the Defendant’s Counsel Over the Whole Ground. FIERCE BURSTS OF ELOQUENCE. “The Secret the Man Possesses Finally Possesses Him.” CONSCIENCE TOO POWERFUL TO RESTRAIN, Yesterday was the sixth day of Mr. Beach’s ad- fress to the jury. His original intention was to nfine himself toa period of two or three days, put Messrs. Porter and Evarts wandered so far and 80 long into the desert wastes of the scandal that Beach concluded the duty was imposed upon nim of following these trusnt lawyers througn all their wondenpgs, and of charging down and cap: toring every position they assumed. Had Porter and Evarts been satisflea witn a joint term of six aays, Beach would have been satisfied with three; put as they extended their piea and stretched :t vver a period of two weeks, he thought the least ve could claim wonid be half the time consumed vy his adversaries. Beach made A PLAIN, FORCIBLE APPEAL to the jury yesterday, on behalfof his cilent. He fhd not stir the same deptn of teeling as on other Aays, Dut ro those who followed his argument he presented a strong chain of reasoning. He dealt with the jetters now so familiar to the public of Mrs. Tilton and Mr, Beecher, dissecting them tn | Eighth Day of | is hot a Woman’s werd. | somewhat similar away that made their Intrinsic meaning stand out | as clear asa beacon light. Especially lucid did he make it appear that Moulton acted as a sincere friend of Beecher’s. ‘It was his hand that tied up the storm that was about to burst on both oar heads,” wrote Beecher to Mrs. Tilton. And yet this man, said Beach, is called by the counsel of the defendant a conspirator, a blackmatler and a traitor. MR. BEECHER’S APPEARANCE. Mr. Beecher was present in the morning and absent in the aiternoou. His appearance and be- havior are different irom what they were when fvarts and Porter spoke. Then he looked cheer- ful and paid close attention to every word ut- terea, but now that Beach fills the air of the cham~- ber with the burning laoguage of unsparing denunciation the great preacher 1s nervous, un- easy and plainly anxious to be anywhere else on earth than where heis. He reads while Beach speaks, and turns his head away, but somebow he \s constantly returning his glance to Beach, and as constantly taking it away. WHAT COUNSEL PRESENTED. Mr. Beach continued his great speech by refer- ting again to the retraction Mrs, Tilton gave to Mr. Beecher, and dwelt on the phraseology of the paper, calling special attention to the word ‘‘in- culpating,” as it occurs in tne following sen- spoke u: the murderer whose guilty soul cannot | keep 118 own secret, The heart leels thata vul- | ture ts devouring it, and the fecret the man pos- sesses finally possesses him. it breaks down his courage and conquers his prudence. The secret must be confesssd. It 1s too powerful to restrain, and there 1s no escape from |: but suicide. He ponders wita strong emphasis on THE ADMISSION OF BEECHER that he would step down and out from hts pulpit and his church if Theodore Tilton could be helped. Then he read the “ragged edge” letter, in which | Beecher speaks of dwelliug in the horror o/ great darkness, and asked tf they were to be imposed upon by the explanation that tnis maa _ (Beecher), who was suffering all this horri- | bie prostration of soul, never uttered in words of so mncn feeling and power | by a human heart before nad for their cause the knowledge that 4 woman had given him her unsougot love. Counsel apologized to the jury for taking up so much of their time. So much time was taken by bim in answering the arguments of bis learned friends that very little ts left him for other matters, He then read from the Songs of David the remorse of the propbe* for his sin against Uriah in debauching his wife. David not alone confessed his sin before God, but before men. Beach’s reading of the Scriptures | was up to the pulpit standard, Beach ended his day’s work by reading a strongly suggestive passage irom Hawthorne's ‘Scarlet Letter,” won- derfully like in substance, if not in language, the “ragged edge” letter by Henry Ward Beecher. ON THE BENCH with the Judge were General George W. Tibbetts Troy; Phillip M. Pryor, James E. Cory, John G’ Saxe, General Siegel and sarney Williams, who kept a sharp eye on the Jury, as if he wore or trial bimeelf, MR. BRAOR’S ADDRES! Shortly after eleven o'clock Mr. Beach resumed his address by calling attention to the retraction made by Mrs. Tilton, wolo. he submitted wa. dic- tated by Mr. Beecher. “I gave a letier inecul- | pating my irieud, Heary Ward Beecher,’’ formed part of that retraction, ‘That term, “inculpating,” It is rather an unusual | phrase. itis very uncommoaly used among pro- | Tessional men, although by Do means ivappro- priately used by women. Under ali the crcum- Stances tt dees not belong to the paraseology of the bousebold or to tne ordinary style of exprer- sion among women; and when we find that the letter of contrition, 1t 18 called, contains a nrase, rather suggests the eecner bad something to do Mr. Beecher, in that this expression:—‘'[ it be incul- probabillty that Mr. in framing this retraction. letter of contrition, us will die beiore any but myself 3 pated.” Mrs. Tilton says:—‘l gave a ‘erter incul- pating my Iriend, Henry Ward Beecher.” This is | rather singular. I toid you a while ago that we identity persons as much by their style of rhetoric ana their ordinary forms ot expression as we do by their bdand- writing, apd Mr. Beecher has some peculiarities of language which I have shown to you. Woen we find in one document the use of a word un- | common to female lips and in another document by Mr. Beecher the use of the same phrase it lather suggests, | think, that Mr. Beecher nad something to do with the declaration of Mrs. Tilton. It is not proved by Mr. Beecher that when be returned trom Mr. Moulton’s he com- municated to anybody that he had obtained this | retraction. How was it that op that same night on Mr. Tilton’s return te his house he learned that Mrs, Tilton had given that retraction? Moulton did not Know it. Fr had net communicated | it to either Moulton or Tilton, and yet we find on that same night this woman, aé said on the | other side, under the domination of her hus: nd, | Makes a reassertion of the original accusation. | | avoided. tence:—“Weariead by importunity and weakened | by sickness, | made a statement inca)pating my © friend Henry Ward Beecher.”’ Counsel insisted the word “inculpating” was not a woman’s word, sud they had evidence that the phrase was used oy Mr. Beecher in his letter o! contrition. Beecher swears that toe letter of retraction was written | by Mrs. Tilton at her own dictation; yet we find that Tilton pext day goes to Moulton and tells him that Beecher extorted a Jetter of retraction from nis Wile, Whicn he dictated himself. How did Til- ton know that? He knew It from that paper bis wife left; for nim belore. she went to sleep, im ich she tells him that sbe gave Beecher a re- traction, to defend bim irom accusation in & coun- til Of minsters irom all out ber hasband. Couo- nel held thivt the conduct of Beecher—in the way he went to work to extort that retraction, and, alter getting it into bis possession, pegiecting to show it to her husband—was unmaniy, COWARDLY AND DISHONORABLE. Several clear admissions of Mrs. Tilton to her Busband of having done wrong were read by counsel and criticised. Mr. Beecher said he had only extended parental affection to this lady, and yet sbe declares when she suffered her love to break into a passion it was then only that she felt her crime. She sees pow as she never saw >efore the wrong sne Rad done to her husband. enry Ward Beecher taught her that there was 30 sin In the act, and she had come to believe un- der his teachings that three persons could be notted in a kind of trinity, after the fashion of the Godnead ttseli, by a sort of identity of imterests, while at the same (ime ail tbree gratified ail their spontaneous desires. To this letter Mr. Beach gave alarge share of attention, and dwelt es- pecially on the expression thas sne was now pre- pared torenew ber marriage vows. iuded to toe INCONSISTENCIES OF BEECH. admitting at oue time that Tilton bad shown bim the highest proo’s of friendship and the next mo- ment accusing him of perjury, conspiracy ana tiackmatl. Mr. Beach referred to the destroyed stavement of Mrs. Tiltou, im which she confessed ber gallt ~) her hoshandé, and held that even if they rad wt im thelr nands pow It would throw no More light om the case than what they had. Toe Otuer side Wou!d still iusist teat it Was written an- Ger subdjecticn to tue willof ber husband. Beaca | bee | from the part! Counsel al- | cred out, “What meaus this outery of my iriends | op tbe other side against Moultou *’ ile gave sack to Mrs. Tilton, to be destroyed py her, the very paper that would mostdamage the chara ter of Mr. Beecher, and he retained the ene (the retraction) Which would serve for his defence. Counsel referred to tne coafession which Mrs. Til- ton made to Mrs. Marta Gradshaw, in Acguat, 1870. It was that confession which convalsea Piymouta charch, ane there has been NO PEACE IN THaT CAURCH ‘ap to this hour, Woy all this scheming aca sub- teriuge on tae part of Beecher to keep the charge against him still’ Beecner smiled very plea- yantly when counsel asked if ali the brazen decia- jons of the counsel on the other side and the tigh-sounding assertions of “this potentate of the puipit” (porting to Beecher) should ve allowed 10 @weep away the inexorable facts they (the plainti) bad presented of the guiit of the deiend- vat. Mr. Beach callcd the attention of the Court 0 the question of Mrs. Tilton testiffing as a wit- less, and insisted that, tnongh tne rulesof evt- leace exclude confiaential communications be- en husband and wife, the partiés to tion tan Waive the rule and the evidence of a wile be- come as competent as that of the husband. If the parties to this action were willing their wives could be produced and their evidence aq- mitted. It was not thelr place to produce mrs. Tilton. She had identified herseif enti with the other side, and the otuer side could have produced her, “feat woman on the witness stand, with a voice that wonld bave penetrated the conscience of the world, would have pro- nounced herself and Beecher innocent.” beach continued to dwell upoo the strange fact that the other side Withheld blizabetn R. Tilton from the witness stand when she of all others could have wstablished the innovence of the deiendent. THE LETTER OF APOLOGY. Resaming after recess Mr. Beach took up tne famous jetter of contrition ior lyzation. “Shakespeare might a8 weil have denféd tne sathorsnip of the soltioquy in Mamiet as Beecher Geny the authorship of this ietter of contrition.” Counse: asked the jury to imagine Beecner con- sciously guilty of the crime attributed w him,’ ond could there have been a ore appropriately worded letter ot apology? Dounsel got of a few very eloquent passages on the power and the operstions of conscience. He force of this 1s not to be We must assume as certain that Beecher gave no information upon the sub- ject. There was no other sonrce trom which Mr. ‘fiton could Jearo ol its existence except irom Mr. Beecrer or Mrs, Tilton. None of the Inmates of house were present at this interview between Beecher and Mrs. ‘Tilton. Is it not obvious, gentlemen, that when Mr. Tilton had that night Teiurned to his house his wile communicated to bim the lact of the visit of Mr. Beecher and tnat Beecber had extracted irom her the retraction? Is it voc perfectly clear that Mrs. Tilton acted npon her own voluntary impulse, communicating © to her husband what had transpired at the inter- view wito Beecher? She made ‘A VOLUNTARY STATEMENT to protect her hu: that retraction, Now the cumstances under which she had made it, jt seems to me strange that Mr. Beecher shoulda have gone to the house of Mr. Tilton under the — circumstances without | insisting that some third person should ac- companying him. Take his picture of the inter- | view between Lim and Tilton. Accept bis theory | hat he was periectly innocent; tuat there had | no act upon bis part which produced ais- turbance in the house Of Mr. Tilton, or walcn, | according to his impression, tended in any degree the affections of the wife from toe fus- \ , What would be your conauct under sucn circumstances’ Accused of a vile de- grading offen the signature of a lady upon woom iis tices were said tu have been ex- ted; when brought face to face with the hus- |, bolding the coajession of the wife, and the tel to be frank, a brave, and armed atthe same time with the conscious- ness of innocence—soould Beecher, judging by your own observation and experience, have gone privately and aloue to tue Dedchamber Ot the sick jady and held witm her w private interview and gained irom ber in writing a auc..ment exon- erating him, and bolding that document secret # Wilh Whom an hour before he had been in conversation on this Very subject. What would Rave Deen the impulses of an honorable Why, he would \ lady is suffering from # pailucination. i have never been guilty of it. It is a shocking anc terribie charge. Go with me to the presence ol your wile. Let us have an interview. Let us examine the motives of this aeclaration, Let us see what are tne influences, if there be any un- worthy or improper, what 18 the misconception under which this Woman labors and ander which she makes tois ialse accusatio; Tos would have been the language of a povie and vrave and honoravie man, ir. Beecher was represented tu have been. bat if he were consciously iuuo- cent, being deep joaded with mertification, aston- isnment and apprehension which the accusation ao hour before bad thrown upon tim, had been luted, Why he would gladly and cheerjully have gone into the ;resence of Tilton resented nim with the retraction. *Here. ia the declar- ation of your # You have coargea me with an iwfamous offence. I belteve you were hones: making that charge. With your pepmi seen your wife; | appealed to her jus’ rity, her regard for my position and charac pis is the result—a 1uil and complete vindiqgtion, and | ask you to beileve taat | am innocent and retract the charge you made.” THERE ANY DOUBT, if Mr. Beecher had been the character he 1s repre- sented to be, or ba@® pursued what would nave been the proper course, he would not have pone to Mr. fiiton that night aad communicated with nim ? Counsel then proceeded to refer to the testi- mony of Mr. Mogiton and Mr. Tilton in reference to the points he has submitted. He read tne | “Gaunt letter” with powerlal effect, pausing at times in order that the force of lis comments should be fally weighed by the jury. In this let- jer, counsel urged, theseyes of Mrs. Tilton had at last been opened, and that she begged for- giveness from her deeply wrongea nusbapd. In that letter she huped le would never be deceived by & good woman as she bad been deceived by a good man. She was r: vows and keep taem as the S: they shonid be. The counsel at this stage be- came exceedingiy pathetic, and throughout the crowded cotrt room silence reigned supreme. He then read the letter of Mrs. Tilton to Mr. Storrs, in the summer cf 1870, in which he claimed Mrs. Tiltom acknowledged to ner busvand tne sin of adultery, and that six months after that she was induced under a mistaken impression to take sides with Mr. Beecher against her husvand. Counsel subsequently alluded to the non-produc- tion of Mre, Tiltom as @ witness upon the stand. ¢ knows the truth, continued counsel, 1f she ; but i her written and deciarations are lies she was the party wo sausfy jusuce upon the points at issue. Ther no escape irom this. The suptie sophistry and legai errors of my learned friends diminish its moral foree. And | repeat again with empbasis, in the hope 1c will be impressed upen the judgment and conscience of each of these Jurymen, Why Was not Elizabeta RK, Tilton permitted to state ty you Weat her con science woud permit her to say ? Counset here proceeded to quote several author- ities upon the law bearing upon the pomt, sub- mitting that the law did not preclude her testi- mony, both parties consenting. Mr. Tilton swears that his whe comfessed adul- tery to him; that he communteatea on the 30th of December to Beecher the acc of that contesston, charging adultery; that Beecher denied it, limit. ing it t impreper solicitation, Mra. Tilton was the comperent witness to contradict the fact whether sbe made any such coufession oF whether there was any criminality between herseif ana ;_yet the deience failed to present 4 not ask jhe plansitt to cailher. We were accusing; We were asserung. We gave prool, una it rested upon them to cont diet the conclusive issue. When you see irom provi that the factot tuat comfession had be communicated to various responsibie and respect- able persons co not you see the reasom why Hiiza- beth K. Tilton was not produced as a witness ? Aod why? In the solemnity of thts occasion ana With the sanction of an appeal to her Maker she dared not stand asa witness and deny what sne KW YORK HERALD. THURSDAY, | contession was ove of adultery commnotested n | stayed away as usual, but his wife and aaughte: | caused by exbaustion 0; the pen, ny circumstances | | Written by the statement of buth. Mr. Beecner | mitting, communicating them tn some jorm to Mr. had already solemnly assert ec: mentle- Me, that ander the proot you will beileve the to ce Mr. Beecher, and that it derived tts signi aud ioree from the recognition whiten he gave to a. Next we consider tse coniession of Mr. Beecher. | Counsel was about to discuss this important | point when the usual hour of recess arrived. AFTER THE RECESS, ‘Toere was less of a throng mm the alternoon than in the morning. The delightful weather drew away bundreds who might otherwise nave spent the day fruitiessly waiting for admission in the gloomy corridors of the Court House. Mr. Beecher in-law iaivifully returned, The lawyers on both | sides, except Pryor, were present. Beach covered | t deal of ground, and presented numerous | quotations from the Tilton-Beecher correspond- | ence to prove that the crime suggested in all these letters was adultery and nething else. Mr. Beach continued—In commenting upon this letier of apology of Mr. Beecher. whatever desia- nation was given to it, Mr. Evarts remarkeu that | it was originally called a letter of apology, and that in the Bucon letter e! here Mr. Tiltom had spoken of it asa letter of apelogy. in my judge- ment no significance is due to the particular ap- pellation uttached to the paper, whetner it is calied 4 letter of apology or a letter of contrition. Its value und effect are to be determined by its | contents. It might very properly be calied either, Mr, Shearman, when tms instrument was pro- | duced, ventured to intimate that it had been pre- pared with different ink, rather conveying the im- | pucation that it Dad been an entirely 1abricated document, from the fact of the difference | in the ink, the style of punctuation, which | would suggest the idea of favrication. That has | not been contiuued by the arguments of my learned iriends, These differences in ink were which very often occur in the course of writing. itis pretty plain that Mr, Moulton aia not have either a very vood pen or flowing ink. By | appearance of the paper it would seem thar the | ink 1s rather thick and dark, The important question arising upon the evidence regarding this paper is whether tt Is THE PRODUCTION OF MR. BEECHER, whether it really expressed hig sentiments at the time it was drawn; and you remember the gene- ral circumstauces whico were related by Mr. | Beecher and Mr. Moulton, under which tt was was profoundly moved from some cause or another Lot important pow to consider; his | whole being was disturbed, agitated. He was expressing himscif in the most emo- tional Manver; he was grieving and sorrowing over something; bis hoart was unreservedly poured out inthe extremes’ lang pot of penitence. fe represents th: ton was muking a memorandum ot the conversa- tion, or of his utterances, for tae purpore of suo- | | Tilton, as wxprenere, of the feelings and senti- | ments of Mr, Beecher toward Mr. Tilton in to some subject of some Character which w. turbing them. Mr. Mouiton swears that be drafied | this writing from the expressions made by Mr. Beecher at the time, indiing bis language, writ- | ing a new and a sudden confession, the revelation e | the plea aqdressed by Moulton to Beecher at the JUNE 17, 1875.—TRIPLE vast knowledge of hum: | Wwe have | abi | some prominent teachings irom u higher source | than Mr. Webster in regard to the tendencies aud operations of the human conscience, St. Paul recommends coniession. “OONFESS YOUR FAULTS" is his injanction : and did he misapprehend human nature? Did ne tink, with Mr. £varts, that it 1s coutrary not only to human nature, but to hum: experience for men 'o confess tueir faults or crimes ? And In that p: le Of the Prodigal So! intended toexpress the duty of repentance and reform, the contrite to say, “I willarise and go to my tat i Fatner, I have sinned beiore heaven and in thy sight.” Itis the teacoing of Scripture, isis the teaching of nature, 1 tne teeching of human experience. Bat, gentiemen, | recall your thoughts again to the idea that Mr. Beecher was not wak- of his iault; ne was doing it not only in the pres- ence of accusation and in the presence of con- clustve evidence, and it was the natural result and,sequence of the transactions of December 30; it ‘Was the obvieus thing the man was bound to do for his own protection, for the salva- family he would otherwise have cr i pees. ~We are bo'h pledged to wn avoidance of public- ity.” Mr, Beecher bowed, and suffering beneath gross to tae r pealing to charity, cunningly saggesting that there are otuer herts cat must suffer; tuatit ts the sick and the aillicted, and the wronged wile, lying with ber folded hands, white as marble, as il in @ trance; sne, too must suffer. Taese three spirits, all comsidering in the idea of silence. What should the offender do but make just such a declaration of his sin, of his contrition, just such an appoal as tnis, not only vo those in- terested, but to the Christianity and magnanimity of the man he had erred; and this done, this done under the prowise made by a most intimate friend of the parties, that that would secure the forgive- ness and the Kindness of Theodore tilton. That is time this instrument was dictated, addressed to an angry husband, when, as Mr. Beecher says in his statement, he supposed and believed from the tempestuous anger o! ‘Tilton, the accusation was to be pressed, and ne was tu be CHASED TO A PUBLIC EXPOSURE, Now it coocurs with all these circumstat . It harmonizes with the condition of things and the condition of the parties at the time. See how this construction is confrmea by other produc- tions of Mr. Beecher. Counsel then read the let- ter of February 7, 1871. Mr. Beecher had been guilty of no offence, ac- | cording to bis own consciousness and oath. What | was (here to barm Keecher—Mr. Beecher? Why {| did he fear churcn investigation ? What was there | in all the surroundings Of this transaction, tts | possibilities, that cquld troubie Mr. Beecaer if he was so pure and inWocent as be represents nim- self tobe’ ‘True, according to his idea, he had unconsciously won the aifection of Mrs. Tilton, Dut nothing had come irom it. There had been nothing but the most ordinary and friendly tati- macy, acvordiug to Mr. Beecher. There had been no vulgar relations between them. There nad not been anytuing beyond those ordinary clvilities of friendship and pastoral regard whico Mr. Beecher | ing it after bis dictation, Well. there is nu serious disparity between the two witnesses in tois re- | spect, whether tnis was written in the strict sense — of dictation—that 1s, word for word as it fell im- | mediately trom the lips of Mr. Beecher—or whether 1% Was AD accurate representation of bis ianguage | agit was caught by Mr. Mouiton at the time, is | not of very great importance. ‘The question 1s, 13 | it the language of Mr. Beecher? lt 13 satd the j per is uot good English; a great master of ‘nglish and a periect linguist like Mr. Beecner, would not have produced a document of that char- | hi acter. Well, tne paper has excitea very extensive | comments, not ooly here, but elsewhere. After | my learned friend, Mr. Porter, I may say that when that instrument, or its copy. was read to one of the most cultivated and distinguisned edi. | tors of the city of New York, he broke out with | the exclamation, | “THAT'S SEECHER—IT 13 BEECHER ALL OVER.” | Shakespeare might as well deny the authorship of the soliloquy of Hamlet as Beecher deny that paper. Mr. Porter tuinks it an awkward and an Uun-English document, neither iofty in sentiment | or poweriul in expression. But personaly I differ | with him, and I think | have the opinions of the educated worid witn me on the subject. 1 want your opinion il can getit. “Lask through you Tueodore Tilton’s forgiveness, and 1 hamble myself before nim as | do before my God.” Weill, there is | hot much Moultonism in that. (Laugnt This man who is represented as an gious sinner, this heathen, they say, not only | In profession but in practice, if ne Was originating | @ document of this character it 18 net very prooa- ble thut he would open it with such am expression | of intense sorrow ana numity, “Task through | you rheedore ‘iiton’s lorgiveness. and I humble | myseif before fim as Ido belore my God; ne | would nave veeu a better Man in my Circumstances thau Ihave been.” That Mr, Beecher admits and | aaopts that expressioo, and he says that he un- doubtediy expressed his sorrow and undoubtedly in some form expressed acesire tor tne forgive- | ness of Mr. Tilton, the substanc? of tils mstru- ment solaris Mr. Beecher’s. “Ican ask nothing Xeept he will remember all the other hearts that | would ache.” That is not denied by Mr. Beecner. jor myself. 1 even wisp tnatl t, ft am not admilted—that he might — pave used expression, ‘But otbers | must live and sufer; I will die before any one but myself shall be incaipated. All my | thougpts are running towards my friends, towaras | the poor cnild lyimg there and praying with ner foided hands, She is guilciess, sinned against, bearing the transgressions of another. Her for: | giveness Ihave. i humbly pray to God that He may put it into the heart of her husband to for- give me. | have trusted this to Moultoa in conf- | aeuce. Now, imagine henry Wara Beecher op- pressed With a sense of guit, accused and con- scious of an offence egaiust mis nature and char- acter, und expressing all the emotions woich would be awakened in @ mature like his when contemplating the baseness o1 his offence, and | tne couseauences which would follow upon the heel of discovery “ud publicity. Can you con- ceive—is there & Man in this room wao can conceive a more appropriate, express- ive deciaration to be addressed to @ man whom he nad wronged, than twat letier of contri- tion, more natural ia 1tsseotiment, more jorcipie in every word, in every phrase and sentence than that paper? No mau need ve ashamed of it, and MU Mouiton 1s THE LITERARY SHAM AND PRETENDER that he is represented to be by Mr. Porter, ts it | conceivaole that he could origivate and draft | @ document of tuat character? Give him bis true | qualities 44 a cpltivated gentieman, as Mr. | Beecher swears te W.s; @ man of literary taste, yet he Was aM active man Of business, not accus | tomed to literary writing Or literary: adaress; Was not a prayeriul map was a littie pro ju bis expressions, accordimz to the evidence; he was a oid, <ctive, aggressive worker im the a fairs and s'raggies of ilie. Could he nave written such a document as that im his best estate ? | Would it not have been more concise, business like, practical, not degiing in that exaited senti- ment ano that force of religiousexpression and toougat it breatues from every paragraph of that docament? Well, u (oo, Mr. Moulton be a con- spirator, if that jetter never was suvmitted to the ipspection o: Mr. Beecher or read by tim, if in careless confidence he attached to it the certifi- cace o1 name ander the deciaration that it | was delivered La trust to Moulton, and tuere being | pienty of space between the writing of the boay and Mr, Beecner’s pame, U Mouiton be 60 de- | praved and arrant © scoundrel, so faithiess and | malignant toward Beecher Why didn’t he put into tne letter soimethigg unequivocal and distinct and explicit? Way didn’t he so iashion it as to meet tnese imputed purposes and to qualify this | imputea spirit of rascaiity and meanness? THE IDEA OF CONFESSION. Mr. Evarts ridicules the idea of confession. He says criminals ever coniess their golit; it is against natore to make a confession. Me recog- | nizes none o1 the induencesof the hawan con- science aud he disregards the woole experience of this the world. In answer it must ve said t Was not a voluntary confession. He was jrouted with eviwence he could not stand against. | It was not the bold and mantui denial of innocence, | bul it Was the effort of a coasclousiy goality | Man im the presence of proof to pacily | nis accusers. But how often is it that | confessed criminais are driven by tne har-) rowing agouy of toeir own hearis to coness | their guilt ’ Who shai! control the operations of | conscience? Who siali comprenend ail the mys- | teries of Divine Providem Who shail tell how His spirit Werks apon the gality neart, bringing | to 1c coniession of sin, and driving it, by the pierc- | ing tortures of remorse and sor.ow, to oven com: fession ? Mr. Webster in his speech—referred to | by my iearned friend by @ quotation trom 1! the trial of Nap for tne murder of Captain Josep! Ware, m st grapbically speaks of this operation und power of consetenee—describing the move. | menis, the writhings, distortions of the criminal under tue power aud jorce of nis OWN conviction | and the dread of discovery. Uf course it 1s ap- plicable asin (his case to the example ofa man | charged with murder. After speaking of tre | direction of every eye and every thougnt upon the occasion of the murder and the detection of the offender he says:—“The guilty soul cannot keep its own secret, | its faults to itset, or rather It feels an irresistibl impulse of conscience to be true to itself, bors under its ghiity possession and know: with It. 4 resifence of such an inhabitant, a torment which it di 4 of man, ber irom heaven or earth. MUTOerer Posseases soon Comes to pos- sexs 11M, aod, ike the evil spirits of which we read, IL overcomes him anu jeada him whivnerso- | evet It Will. He leels it beating at mis heart, rising to his throat ana demanding disciosure. He thinks the whole -worla reads it in his Jace, reaas it in nis eyes and almost hears Its workings in the which t very silewee of bis thoughts, It bas vecome . it oreaks down. fis courage. ms prudence. When suspicions uc begin to embarrass him and circum- stances to cptaugie hit the tutal secret straggies er Violence to press lim form. It ad, it will be comessed. There is no refuge irom confession, bat suicide, and suicide Is ( Onles8i0n.” Wel), how Goes the doctrine of my learned irsend, Mr. Evarts, stand againse THIS PORTRAITURE OF NATORE by the great orator of America, and founded upon | Jurther extracts. mistaken, | ai | one point of view could desire tne sacrifice on | by weich he was surrounded. was accustomed to bestow upon members of uis | churci. What created tnis most terrible emer- | gency im the life of Mr. Beecher? Why does he | write to Mrs, Tilton, the alleged victim of his | lust, that Moulton bad beem to him his best ana ablest and most willing iriend to help bim “in this terrible emergency of my lie.” Gentlemen, please consider this voluntary und free expression | of Mr. Beecher and contrast it with the sell. sentation he gives:—‘! ‘His hand it was that t up the storm that was ready to burst upon our ads.” This is written to Mrs 8 Tilton, not to Mr. © to that woman, Tilton. “rising in this must terrtole emergency of my life. itis ast rm Moulton has tied up which was dy to burst on your head and mine.” What is toe sense of this letter—that 1+, its expression and substance Why does Mr. Beecher, on February 7, 1871, immediately after these interviews of December, 1870, and the apology of January 1, 187l—pray answer me, gentiemen, In all the so- lemnity and witn all the candor of your judgment— what was it, at that rate, which induced Henry Ward Beecher to write a confession of his perti, and that gratitude to the friend who had pro- tected bim and bis confederate {rom the storm | ready to burst upon them? Who was it that tied it up? Who was it that intervened ? Who was it | that suppressed ail these tendencies to evil? Counsel then commented on the letter and read If there was no hidden moaning, if there was no implied coniession, if1t expressed no improper— no upjust sentiment, why snould Mr. Beecher in this single instance be desirous of SUPPRESSING HIS OWN DECLARATION? Everything about these letters, gentlemen, speaks tne condition o! the man, and they are elo- | \d wandering son is made | and 8 | this psalm of David. so beautifull, SHEUT. ed 4d of my ¥ presented so many fopics for consid ‘Which it Was concluded | coud not, withou: | spect to them ana possibly injary to my cause, omit | 1@ consider that I uave been led Into a line aud ex- | feat of discussion that is amhcling to me, and | | 8m very certain it is oppressing to you. Butlam | urged by my associates and by my client, not by | an abridgement of my scheme mument to | lessen what does not appear to them its force, | and although | am determined not to follow out to | the extent of their wishes the course of thought which had occurred to me originally, yet you must pardon me for troubling you with a little of detail upon topics which we suppose to be im- portant, becau F manpyarrcnard so muco time was spent by me in the attempt to answer the ad- | Gresses of my learned friends, that I nave re- served but littie time to myself tor the presentation of suggestions which appeared to | me to be pertinent im the first instance. There- jore | read Davia or Samuel— (laughter) —and tt is done to gratily Christian ministers—Christian men. They think the Chri try thinks that something should be said in this case, and that what should pe said ought to be {derived from the writ- The Christian id be use all mi at this man, however grand and great in nis mtellectual attributes, is Dot a useiul or a distinguished pubiic teacher of morals and religion; and lam determined to say it—however unwillingly and however disagreeable 1t may be to my own personal ieelings; yet it duty to the character of this case—that this man Wno appears upon the witaess stand in singie and open defiance to the three oaths of respectanie witnesses, in opposition to his own declarations and coriessions und tn his hostility to ail the ci cumstances which surround this transaction; that this man should be taught that no pride of Place, that no conspicuousness of character, that Do © or great intellectual and physic: toed ities can enable him to everturn the rul law and evideace and to consign to infamy numbe: of our m Tespecsable citizens. (Symptoms of applause.) BEEORER AND DAVID. Mr. Beach then read story of David’s adul- tery with the wife of Uriab, as contained in Second Samuel, chapter pine, and continued :— In_ the Thirty-second Psalm David speaks of the effect of remorse, I don’t think any more poetic- ally or pathetically than Mr. Beecber:— Blessed is the man unto wnom the Lord imputeth not iniguity, and in whose spirit there 1s no guile. When 1 id silence. ny bones waxed old through my roaring all the day long. For day and night thy hand was heavy upon me; my moisture 1s turned into the drought of summer. But in the Fifty-first Psalm David, with bis great poetical talent, addresses his prayer of re- morse and coutrition to God, and it id in tne heading to the game, that it is addressed “To the Chief Musician, @ pwalm of David, when Nathan, the prophet, came unto him after he had gone in tv Bathsheba." Nathan, the prophet, reproacu him with bis sim and imprecated divine vengeance upoa him. me, Oh God, according to thy lovil Kindvess: according unto the inultiwude “of tay tender mercies blot out my transgressions. Wash me thoroughly trom mine intqatty, and cleanse me trom my su. For | ac! now ledee my transgressions; and my sin is ever before m ieunthoe acabchacadtené e only, have sinned, ani ne evit'in thy sight; that thou Mmightest be ‘unified when thou speakesi, and be clear when thou judgest. Behold, I was pen in iniquity; and Ta sin did my eth frath in the inward parts: and thou shalt make ine kaow wisdom. Purge me wit hyssop, and I shall be clean; wasn me, and { shall be whiter than snow. gladness, that the bones ke me to hear joy and Mal | which thou hasc broken may rejoice. thy Jace from my sinsaud blot out all mine in- Create to clean heart, O God, and ronew @ right spirit within me. ‘Cast me not away from thy presence, and take not thy Holy spirit from m estore unto me the joy of thy salvation and uphold sgessors th; and sini agess y ways, ners Beecher was familiar with that. He knew story vid and of Uriah and of Batn- eba, And he o! with admiration expressive of a godly repentance, of that contrition of soul which recognizes Its oWn impurity and stretches out its hands to God for torgivene: mercy love. Again and again he preasued irom that psalm and eulorced the duties taugat from that psalm, a pee upon numanity tae example of David. t was ip the same spirit! believe, gentle: yb was With the same sense of contrite and repent- ant guilt, that Mr. Beecher wrote these words of pitiful agouy and remorse. He did not use them Quiearipgiy; me Was speaking from that condi- tion of emotion whica disregards expression, yet uttering im toe intensest iauguage the emotion burning and voiling and scorching in the AWAKENED NATURE OF A GUILTY MAN, and hecries our “in tue bitterness of death,” looking through ‘‘the borror of a great di to tue pacified and forgiving ceunienance ol a Goa, and conte: Hide ult me with thy tree Spirit ‘Then will I teach tran: shall be converted uato Mr. ften read quent declarations of the character of his offence. . 1 come down now to February, 1872. 1 will not | trouble you with reading just uow ali ofthis entire — letter, Dut there are expressions in it which re- | veal the true condition of things. ‘My position | was profitable. I came back hi that | the bitterness of death was but these _trouol broughs back th cloud with even severer suffering. But chrome evils require chronic remedies. if my | ction would piace nim (fheodore) all right, I shall not stand tn tne wi Tam willing to down ani out. No one can offer more thi that ido offer. To sacrifc if you can cieurly see your way to his y happiness thereby. Idon’t think that any man would be governed by it. Ishould de desiroyed. but he would not be saved. He, Eluzaperh and | tne children would have tneir future clouded. In my part.” Ihave constantly to call your atter- toa to the character of this Man and his position in connection with deciarations of this character and similar import. Why did Mr. Beecher, in 1872, deciare tuat he was willing to be sacriticed lor the benefit of ‘heodore Tilton; that he was willing to “step down and oat” from nis high po- sition aud paiptt if Moulton couid see that that Was to produce saiety to Mr. Tiiton and his fai uy? uming Mr. Beecher to be the mun that he declares himself to be—covscious of no offence, never addressing an impure thought or 4 to the wite of his (riena, yet aweiling in this bitterness 0; d@eato, with the horror of a | great darkness brooding over him, willing to step down from this giorlous attitude o» the leading preacher of tue day, conscivsus of ali his great powers and bis enuovling influences, feeling past achievements and their glory and benefit, and conscious that the future was full of the same ca- reer of giory and of benefaction to his fellow men; that man offering to step aown from his pulpit, abandon Ms great mission, offering htm- self a ready and a willing sacrifice if Tncodore | Tilton can be helped, Elizabeth cao be saved and her caildren protected—protected from a di honorimg #04 «# withering Diignt. I cai not, gentiemen, eladorate a topic of king. I caunut make it more em y More appealing to sil the sympathies and tue sentiments of our being than the mere expre sion itsel! connected wita your recollection of tne character of this defendant «nd tne circumstances I shall come to | } speak by and by o! the idea woich he presents of laterverence in the family relation, of advice to | Rowen, Of an unconscious winning of the affec- tions oj Mrs. Tilton. Suppose it all to be true, what was tkere it that caused this gre: preacher to tender himself a sacrifice for the woman who had unsougat bestowed her affec- tions upon him, to satisfy tac wrongs of A separation, Which was never followed, repair tae rmjurie: Toduced by te advice to Bowen. whicn came afver the injury had been pro- auced’ And this isthe only apology and excuse whica is presented for this solemn Offer of sacri- fice by Mr. Beecuer. REMORSE AND DESPAIR, / “Remorse! Despai ‘The porror of great dark- | ‘The ditterness of death!” tien this man Was dwelling aod suffering aod yes he says there was no adequate cause jor it “f | have dove nothiag. itis true, when I jookea up | to Mrs. Mouiton I sata to ber, Mrs. Moulton, I aii a good mau.” Is it conceivable, genuemen ? Are we to adopt any such theory in regard to conduct oi Mr. Beecher and these deciaratio! coming {rom 4 great minister, from @ inaster of nguage, irom a teacher in ali the ways of human Rature, with thirty years gi experience in the discipline and control of tho human mind aod the culture of the liawan heart. Tais man dweill- ing in darkness of spiri, on the ragged edge of despair and remorse and yet siniess. Way, did you ever consider t force of that expression, ‘But to live On the sharp and rageea edge of anxiety, remorse, lear, despair, yet to put on the appearance of serenity and happiness, capnot be endured much longer?” Never was there a more pathetic or appealing description of HUMAN SORROW AND HUMAN SPIRIT SU: NG. It was an excess of jeelog and prost soul, ai nowiledgment of bitter angui emotion never uttered by puman heart in word pealing and significant power, and yet they nothing. Uttered in the progress of this transaction, expressive of 11* condition. de- seriptive of tne reiations of these characieristic of what it Was, we are y come to an examination of it, | } | Henry Ward Beecher and javia—penitent and re- pentant toward God, but deflant ana lying towara toid, when we that it is scnseless ana unmeaniog. Mr. Wi ster defines “remorse” to be tie k pain OF anguish excited by # sense of guilt; com- punction of cooscience for @ crime commited. | | We are sorry for # wrong committed against | another that has not the qualities and the cuonse- quences Of a crime, its moral character and its intensity. out When We speak of remorse We speak | of it as sorrow fer crime. Parlosopuers, poets, orators, teachers, all use 1¢ im that sense. Such is it@ legitimate jug by a *kilini scuolar, by an ackuowleaged master in the use of terms. I think | have ted at least, gentiemen, haif a dozen letters irom all sections ot the land desiring me to draw atieation to # similarity, parallel, sappoxed to exist between the case o: David in the treatment of Uriah and his wile and the ex- pression-of his penitence, the manner im which nis confession Was made and the poetic and expressive song of David over this, his offence, in Nis ’saims. And just here, gentiemeo, allow me to say that lam endeavoring to shorten, avridge my argument. It bas veen most enormoust, tended, ana very usexpectediy to me, ana | feel painfully that Lam trespassing very considerably upon the time o! the Court and against the ideas J entertained as to tne character of the a gument Which would be sudmitied to you om tne part of the piainti®. | hoped and believed that in tue course o1 @ couple, possibly, thr days [ migot have resent to you that argu- ment; but have this apology, that the ai | of | 3 In this condi. | self, and it woud seem as if with the prophetic eye u | and a jary ana 4 courtand te world are to nuid ex. | ing to Him, not only his sufferin; bat bis despair companies the outspoken heart of the convicted and tae contrite sinner. Oh! have you oot seen hearts uke that, writhing in tue first convictions ain, strus; despair and remorse? and have you not seen when the forgiveness of God has beamed upon it With smiles, lighting up the inexpressible joy of a redeemed and forgiven soul? Yes, sir, you bave. So have we ail. is is She experience Mr. Beecher passed through, and it expiains, not only the despair and remorse he felt when the greatness of his offence was first made apparent to him, and when (his pitifal apd ioag train of consequences. Was opened tu his sensibili and by ana by you will see bim With the ioad heart rising up in the joy aud the gladne: and the and giaddest man in ali creation. bnt there is wis difference between Davia and M Beecher. [t was not cnough that David was pe! tent (oward bts Reveemer; it was nos enouga taat he con.essed nis sim to his Father and Judge, he confeased 1t beiore men, and | think that 1s one of the cunditious to an honest and effective confession, ior the guiity and con- victed sinuer who dares not coaics his Siu belore men has not risen to that | exaltation of beiug waich entitles uim to the for- giveness of his Maker. There Is the fault, tuéte is What this pure, Curistian spirit, M Moulton, ressed upon him, “i believe you have repented, r. Beecher, | believe you have reformed, but your duty to God and to humanity ts to confess to your church. Hide not your sin. Live notia this dupticity and deceit. Conotess and yous! forgiven, and even in the eye of man you sha! Tedeemed from the fithiness of your offence.”’ Counsel then read quotation irom Lord Byron “Giaour,” Very many tends bave which represents ister of & mewber THE SCARLET LETTER. j of you, probably all, my honored read Hawtuurne’s *‘Scariet Letter,”’ the seduction by a min- of bis congregation, * and the judgment passed in | the early puritanical days by deacons, and in the beautiful language Mr. Hawtnorne, expressing the Jeeling of od godly minister of all outward , conscivus and godly, ad ed, for he had repented—waica 1t seems to me exceedingly appropriate to the condition of Mr. Beecher. Beacn then read the lengthy interview pe- Mr. Dimsdale ana the aduiseress, thougk he 7’ Mr. Beach then continued as follows:—And that | is just the ditference betweea ine repentance of saves, men. That 18 not the penitence that may cheat which it operates. porary peace, out | Wanquillitvy. wich springs 4 soul-ieit contrition, and delude the heart upon Is may soothe it to a tem- not that sort of of yenias Hawtaorne had painted the experience ot Henry Ward Breecher. Ab, yes, friends may eay Of him, “Tne people reverence thee; bast thou notrepented? Art thou not reciaiming wander- ing souls?’ Ana his answerin the lauguage of his letters is, Oh, I have repented; lam great; and before ine world magnificent in my great | quatities and my great achievements. But aiter all itis ail ‘emptiness,’ and the bitterness of death is on me,.’’ “Ine horror of @ great dark- 38 envelopes my soul; my wWnoie ng | ti tortured upon tno ragged edge of remorse acd despair.” Anéd we—when this great man, so gifted and so giorious in ali the ouler attrioutes of manhood, is forced to break out im this Oatery ef a penitent and conv: soul—we are to attribute to it no significance, we en and Badly balanced nature, tho great man and the great minister wno ut- tered such words of contrition, and addresses suco prayers of suffering and mercy te his God and to the man he has offénded, as still innocent and guilties (Appiause.) renoon. THE PIRATES QF THE MARY CHIL- | TO Captain Seyperick, of Hoboken, late commander of the schooner Mary Chtiton, arrived in this city yesterday by the steamer Menry Chauncy, from Aspinwall. As soon aa he arrived be went to the office of the ayen's of the vessel in this city, Messrs. De Castro, in Exchange place. The | tain states that he duly arrived with his vessel at tue island of St. Andrews, in the United States of Colombia, about the middie of May, and that one cay While ashore, Lawson, the m: crew, Tan of with the vessel. His story, there- fore, throws nv additional light on the matier of the pirac, t Will be remembered that ihe vessel Was sound ndoned on the Sam Filipe rocks, about eighteen miles from junta de Cardenas, on the sonthern coast of ( The mate was taken off by a Coasting vesexel and lancead =at = Colwma on the 26th of May, where he waa locked up by the Adjutant of Marine, Who also went to Pugta de Casira to take jon of ine vessel, waich Was subsequently pi t the disposal of United States Coosul Gener: |, Of Havana. The Mary Chilton is shortly to be brought back to this city. The three sailors remain prisoners im the jati at Penar dei Rio, in Cuba, ties to it, | , The Court then adjourned till eleven o’clock this to be | fo | | her clearance. THE SMUGGLED SILAS. Calling the Indictments in Court Yesterday. CLAFLIN & CO. NOT READY. The Government Holding Fire in Lawrence’s Case, DES ANGES WANTS WITNESSES, All the Trials Temporarily Postponed. Judge Benedict sat yesterday im the United States Circuit Court and proceeded with the dis. charge of the criminal business of the yune term, The Calendar of criminal cases being called by the Judge, the case of Charles L, Lawrence was the first of interest reached, in reference to the in- dictments against this prisoner, who is charged with complicity in the alleged sik smuggling cases the District Attorney said:—“That case may ag well go off the calendar. lam, by a1 order of the Executive, forbidden, at present, to proceed with the trial of auy of the indictments presented against the defendant Lawrence, except this one, which is for baving forged the name o: Mr, Bland- ing, and even with regard to somo of the counts in this indictment a question arises whether 1 ant at perfect liberty to proceed, Believing, however, that whatever may be the decision arrived at by the Executive, | may be required in any event to enter upon the trial of this indictment belore I could try any other against Lawrence, I placed this case on the calendar and was determined to try it. However, the prisoner’s counsel yeg- terday made an application to me to have the trial postponed. Before 1 consented to that they agreed that in the event of the President deciaing that Lawrence should be tried at any time on any other charge than that of the forgery of Biand- ing’s name they would waive the right to have a prior trial on that charge. I agreed to this stipulation, and the case is now in that position that it 1s to go of for the term. if it be the decision of tue President that Lawrence may at any time be tried on any otber charge than of Jorgery 1 am at liberty totry him on that charge. Jf, on the other hand, the President confines me to the ie charge of forgery of Blanding’s name, lam at liverty to try bim on that in Octover. The case was accordingly taken off the calendar, "THE OASE OF DES ANGES. The next case cailed was that of Colonet Revers Des Anges, Deputy Collector of Customs, who ts indicted for alleged complicity in the silk frauds. Gounsel, on behalfot Des Anges, said he would want a few days to make preparations for the de- fence. ‘The Judge—How many? Counsel—I am at present engaged in the trial of acase before Judge stbrook, and it has been suspended until Monday morning; also, I b ry case defore Judge Dononue. Tua Jadge—How jong will it take to try this case Jounse!—That will depend on the case made by the prosecution. | thiak it will take a week. ‘The District Attorney—Let the case stand over till Monday. I prefer to take that course, as toe! is a witness expected from Engiand, wno has nof yet come, but ne has promised to come. If h¢ — not come, perhaps I will not try the case this erm. It was then understood that the case was to be again called on Monday. THE INDICTMENT OF H. B. CLAFLIN & CO, Mr. Elihu Root, of counsel for H. B. Ciaflin & Co., who are indicted for alleged complicity in the SIIK smuggling cases, when the cause was called said that delore the trial could be proceeded with it was necessary that memve's of the firm who were now in Europe should be heard from, and they had not been heard from. ‘The District Attorney inquired if it was neces. Sary to the trial that these gentiemen snouid be here, and if 1t was merely necessary to hear from them. Mr. Root—I do not think we can go to trial an- less they come here. Mr. Evarts 1s Counsel in this case, but he is at present engaged in the Beecaer trial. One of the memoers of the firm, Mr. Eels, Who was connected with the department to which this indictment relates, 18 in Europe, and wag there before this prosecution commenced, We have had no opportunity of consulting with him, even know that this We have telegraphed on as he gets this tele- to bim, and | suppose as gram he wil! start for h 5 ahe Court—Do you move the trial on to-day? Mr. Root—I do not. The District Attorney—I do not move it on to-day. Mr. Root—I will say this, that Mr. © desires to havea trial et the case as speedily as possibie. Mr. Evarts has not Nau time to examine tne in- dictments against Messrs. Clafis & Co., and we would like to have the time extended (to make Some motions io this term. The District Attorney-—Yes; but you should give Us notice of your intention to make those mo tions before the beginning of the next ter THE INDICTMENTS AGAINST FIELD, MORRIS, + & 00, When the case was called ex-Recorder Smith, counsel jor defendants, who are charged wits having participated in the recent alleged sils frauds, said it would be tuconventent for him, tf this term was to end during this mouth, to zo inte the trial of the case. it would be impossible for him to do so. It would suit ius convenience very Tuen if the case would go off jor tne term. The District Attorney consented, and the case accordingly went off ior the term. ‘THE CASE OF DES ANGES AGAIN. Counsel on benall of Ves Anxes. addressing the Court, said that Des Anges was unaole to sud- js own Witnesses. He had no moner and & been able to pay counse! since thi ton Was commenced against him. He was, of course, entitied to have such Witnesses as he desired to produce subpenacd by the United States. It the Court preferred it he Zould put this application in the form o an afidavit. The Judge—Give the names of the witnesses to the Distric. Attorney. With regara to the am Gavit, that can ve produced at any time. The matter then dropped, the jurors in attend. ance were discharged, and the Court adjourned until this morning. ELECTION FRAUDS PUNISHED. The Coart of Quarter Sessions at Jersey City set example yesterday that will be a warning to NNER | those who commit frauds on the ballot, Smith Howell, of Hoboken, who was tried jor stealing @ Poll book in Hoboken before the election canvass was completed, was found guilty, the jury not leaving their seats. The Court ordered the pris- oner tostand up. The present was a case which was to determine whether the people were to be allowed @ fil and untramimelied enjoyment of the elective franchise or whether elections were tobe controlied by rowdvism. The prisoner was then sentenced to three months at hard labor im the Penitentiary and 4 fine ot $100 and costs. The Jourt remarked that this was rhe Jull extent of law, and regretted that the law would aot Warrant a penaity of ten years im the State Prison, as the crime justly deserved. A member of tae ‘Hoboken Cominon Council, named Dwyer, ‘Was indicted with Howell, and as soon as tats ver- dict was rendered Dwyer’s ball was increased from $200 to $1,000. Joei HE. Rowers, Jumes Douneliy and George P. Plimiey, ol Jersey City, will be nexs placea on trial for alieged frauds on the day of election. THE ENGLISH YACHT OCTAVIA, THE ENGLISH CONSUL REFUSES TO SURRENDER THE REGISTER. The English steam yacht Octavia, lying in Braok- lyn, recentiy seized in error by Collector ne. upon information given him by United States Dis trict Attorney Bilss, has not been permitred te proceed on her voyage owing to the action of the British Consul, although the Coliecter gave het The Consul now declines to Hu render the vessel's regisser, which he holds in hig Possession. Meanwhile the Baglish owner of the yacht, through his counsel, Mr. Algernon x, Sulit- Van, has caused a protest to be prepared agai nat | the Consul’s unjustifiavie detentios, atieging that the said vessel has comoiitied nu breacn | ot the neutralicy laws. Jt is reported that the Spanish detectives in this city have informed the Britisn Consai that the Octavia is intended for filivustermg purposes. It is staced that & quibble 1s being ed oy the Consul on tke sub- ject of the martonanty of the said vessel om couat of her hull having been constructed Cleveland, ON10, aod her 1 inery having beem put im to this cry. Mer recent owner englisoman, aod on the occasion of her viskt to the West Imdies, ome time buck, she few Engiisn fag, Her original register is from Mon. treal, Canada, 1864. Meanwhile che said vessel ia being carefaliy watcnes on the part o: the Spauish detectives, Wao, in addition to their hand forces, have engazed the services of the tugt sumner. The matier will probably be settled to y. The English owner is reported to be very indignant respecting the action of his Consal,