The New York Herald Newspaper, June 25, 1875, Page 3

“aside. GING TN THE BALANCE, Close of the Great Tilton-Beecher Scandal Suit. The Motion to Reopen the Case Denied. JUDGE NEILSON’S CHARGE. A Concise, Impartial and Learned State- ment of the Law. The Whole Case Covered ina Single Day. THE JURY RETIRE TO DELIBERATE. They Fail to Agree and Are Locked "Up All Night “NINE TO THREE.” A Verdict Almost an Impossi- ble Result. EXCITING SCENES. False Alarms-—A Journal- istic Row. THE BEARING OF MR. BEECHER. Mrs. Tilton Makes Another Statement. The opening of the proceedings in the last day’s business of the Beecher trial was quiet and unex- citing. The court room was not permitted to be- come 80 full as on previous days; but, notwith- standing that the heat was almost insupportable, all the lawyers, with one er two exceptions, were present to hear the Judge's charge. The princi- pals to the action were early in court, and for the first time the contrast in the appearance of plain- tif and defendant was marked enough to excite notice, Beecher could hardly have looked more cheerfal and animated if he had just been aequitted by the jury and applauded by an ex- temporized multitude of his fellow citizens, Tilton, on the contrary, was morose and weary. It would seem ag if sleep haa loag since forsaken his eyelids and his soul become @ prey to melan- | choly vaticinations, He lookea like one who had ventured his last stake ina perilous game and saw it slowly and irretrievably passing from him. Tuere was much anxiety to see what course Tadge Netison wonld take in regard to the ai- avits handed 1u on Wednesday. Ii the case were reopened it migh} run through the dog days. and, as Mr. Evarts humorously remarked to a HrnaLp reporter, extend an “euthanasia” lawyers and to half the jurymen. A very great sense of rellef was experienced by almost every body when Judge Netison declared himself against REOPENING THE BVIDENCE. Even Mr. Beach looked comforted when his pro- Position to enter additional testimony was set The character of the audience assembiea on this the supposed last day of the long trial was very varied. £very profession and almost every Avocation was represented on the floor and in the gallery, The astonishing interest which this case had stirred up throughout all Cnristendom appeared reflected in the faces of the audience, Hack man and woman present yesterday appeared to feel as if they were attend- | ing au ioquest on character that no previous or fature age could ever parallel. This sentiment Was shown more fuliy waen the jury retired, The court room presented most remarkable sight. The whole Jerce of Mr. Beecher’s adherents Seemed to have come together to be in at the death, In ~ THE WAKE OF “CON, THE SHAUGHRAUN,” there is exhibited on the stage a muititude of men and women paying their last respects to the corpse. The audience are moved to tears when this sceue is presented. Con is certainly a sad sight to anybody notin the secret—a bright and Adventurous life sucdeniy brought toan extem- Porized bier pains the feeling mind, In the scene yesterday, wheré the reputa- tion of the great preacher of Piymoutn churcn was being waked in the jury- room overhead, and the visitors own stairs were tating sandwiches and crackiag jokes, one was irresistibly reminded of von.. The ideal corpse of Mr. Beecher was stretched on tne tabdie upstairs, but Mr, Boechor himself was walking in the gayest of gay humors in the flesh a flight below, banter- Bg Caldwell here and chafling Murray there, here never was such a “WAITING POR THE VERDICT. No joiller crowd under such circumstances as it was assembled ever met before within the wails of court house. Betting on the verdict of the jury was a8 common a8 if @ horse race were in progress. The mass of speculation lay between disagree- ment and acquittal, The’ Beecher people went ‘ound and@ annoanced vraculariy—singular too— that the jury steod ten for acquittal and two for Conviction, with the two fast tending to ac- quittal, The Tiltoa partisans reversed tuis figure, and made it ten for Tliton and two for Beecher, No such degree of excitement was ever felt in Brookiyn as on the eccasion of the announcement that ths jury nad retired to consider thelr ver- dict, The steps of the cuurt house wore crowded; the sidewalks along Fulton street and Fulton Avenue were Miied witu groups of people earn- estly discussing the probavle verdict of the jury, Chie! Justice Neilson, ieeliag like aman who haa travelled with the hosts of Isra>| through the bar. fen and pathless desert, and alone was allowed to enter the promised jand, sat in his office, smoking his cigar and entertaining a host of visitors with Teminiscences of nis early youth. ie, indeed, was py. He had crossed the desert waste oi legal SANDS AND QUICKSANDS, and was now quietly resting on the curf ofa grien to all tae | ment Your Honor is aware. I under@tand there were | Ro copies of them, yet we tind them in @ morn- ing print im the city of New York, Judge Neilson—I can only say 1 was applied to by a number of reporters, The gentlemen came to my house in the evening, but I declined to show them or state witat they were. Mr. Evarts—On, Your Honor will perfectly un- derstand that | do not mean they were allowed to be printed with your knowledge or permission. Juage Neilson—Certainly, but it is a great relief to me to state the fact. Mr. Beach—I do not kuow how the affidavits came to be printed; yet they were made in order and filed witn Your Hopor on a motion for the ad- mission of the Lew evidence which they disclosed, and they accordingly became a part of the records this case. From that point of view they should have appeared in the official report of the case. Judge Neijgon—stiil tuey have beeh im my pos- session since they Were handed to me. i Mr. Kvarts—If they formed part of the oficial report we should have had copies of them, and we would lave met them by affidavits. But Your Honor has disposed of the mat- ter, We would hi met the affidavits in whe proper way. ‘This brought the discussion to a close. JUDGE NELLSON’S ADDRESS. | the elose of the services of the jury and the relief they were to flud in returaing to their various avocations, He then alluded to a former charge Of his, the languaye of which might be applicable to thiscase. He hoped to be able to help them to “clear comprehension of the question they were to consider, Tne body of the case was a charge of adultery, and the defence was a dental. A ques- Mon of guilt or innocenee may be determined from the light of surrounding circumstances. The difference between direct, presumptive and circumstantial, evidence was plain enough and yet uot generally comprehended. If a witness should testily that the two had occupied the same room all night or hal confeased, that would be circumstantial evidence, If @ letter had been written conveying suggestions of adaltery, that would be presumptive evidence, In acting on presumptive evidence the jury use vreatcare, ke men travelling on unfamiliar roads in dim twilight, He referred to the manner in which Beecher re- ceived Tilton’s letter by Bowen. The jury were to consider whether the defendant showed any in- dications of guilt; and as to the schemes and devices that were practised to cover up the scandal, they mignt have been wise and pruden- tial, The jury sheuld inquire carefully into tne | motives that actuated Mr. Beecher im the cours he pursued {n his policy of gilence and guppres: sion, They had before them the evidence as to what nad been doi nd suffered by the defend- ant. They sheuld weigh the injury inflicted on the plaintiff py the loss of his means of support. REGARDING PERJURY, he looked upon it as one of the greatest of crimes, and no sentimental opinion that certain situa- tions demanded the telling of falschoods was a justification. He-alluded to the evidence of tho principal witnesses on bpth sides, and said that if the wrongs or offences actual or imputed were of the other character stated, then a just apprehension of the relation hetween the defend- anus ral considerations. What was his personal esti- mate of his relation to the Church, to the world, to literature and of the reputation he should leave beniod him—what was his conception of the na- ture and gravity of the charge of Impure solicita- tions, of alienating @ woman’s love from her hus- band, and of the effect of such accusations if publicly made—what his notion of the extent to which Mr, Tilton had been injared, SCENE DURING TH JUDGR’S ADDRESS, Profound silence prevailed during the delivery of the address, Alle: were fastened on the Judge, who rattled over his charge with a clear and nim- ble tongue. Tilton gazed at him with @ grave, confiding look, never blinking, and driuking in witn deep eagerness every word failmmg from the ips of the sapient Judge. Beecher was much less attentive. In, fact he frequently turned his head aside a8 indiferent what the Judge 8a, Mr, «Beach “was close listener. occasionally appeared to question the wisdom and impartiality of the speaker. Ex-Judge Morris sat bolt upright and looked both earnest and puzzled atthe same time. Ex-Judge Porter was an ad- miring auditor, full of faith im His Honor’s in- tegrity and of pride in his legal acumen and equipment. Mr. Evarts heard the address with calm glances of approval. Mr. Tracy was the best | and fragrant oasis, whore rest and enjoyment | awaited kim, The universal opinion oat of doors about Judge Netison’s specch was thas it could nos possibly have steered more evenly between the two sides, Goldenopinions have been rendered it, and, In the Words of Junius, (he greenest laurels will cluster sround it, jor they nave been well and deserve lly sarned, THE PROCEEDINGS of the day began by Juage Netisonreferring to the Affidavits handed up to nim the aay previous. Un- Ger the circumscances he decided @ t to enter tain the proposition of reopening the case. Mr. Beach asked if His Honor intended to return tne sMadavits, and His Honor asked {f tue counsel In- tended to withdraw them, and the answer was in ‘he negative; whereupon Judge Neilson said he Would Glo thom With the Clerk, What passed IN RSFRRBNCE TO THR APPLDAVITS between His Honor and counsel is given from the feports as follows :— Mr, Hvarse—1 have not soon the adidavite, as pleased man ia the court room. The Judge, as far as he could afford it, vindicated Tracy. Abbott, of the defendant’s counsel, gave’ an anxious ear to the point of law laid dowa from the benca. Shearman was the only one who seemed to be out of humor, the charge. The genera! audience appeared to be very well pleased with His Honor'’s tairness and impartiauty. The jary iistened with undeviating attention up to the time the Judge began to notice the. requests to charge, when they exhibited some few symptoms of weariness. THUR JURY GO OUT. No sooner had the last words of the Judge’ charge been uttered than there was a perceptible Mutter in the room, It was at once seen that the darling hopes of Alderman Waitney and Deacon Howard were not to be realized in an acquittal before the jury lefc their seats. Net only the fore- man, but each one of his colleagues roge to his feet and prepared to depart when the special officers had been sworn to take careful watch of these twelve representative consistency officers keep the aistressed jurymen “id witnout meat or drink, water excepted.” No sooner had tne last man of the jury filed out into the corridor, up the stairway and finally in througn the jury room door thap @ mysterious circuler was prepared and Gespatched to restaurateur, well known to the imterpretation which the | frequenters of the long trial, which read as foi- lowa:—“Nine roast beefa; thi lambs; twelve vegevabi nine coffees; three lemonades, and two shortcakes.” ‘This fact is stated, without comment, in order that it may be given due and impartial weight by the ‘riends of the parties to the suit anu of the jurymen, EVARTS AND TILTON SHAKE HANDS. The last juror had not crossed the threstola of the court room ere (here was a movement of some of the cuunsel and many spectators from their seats. Counsel seemed suddeniy relieved of the responsibility toat for so many days weigned upon them, Among the first to meet face to face were Mr, Evarts and Theodore Tilton. As their eyes met Mr. Evarts was the first to speak, as he extended his hand, saylog, “I hope there is no auimosity, Mr. Tilton ”’ Theodore accepted the proferred hand in the Presence of bis counsel, Mr. Beacd, who had joined them; but his gtasp Was not cordial as Iitely answered— “No, Mot a bit? For a moment the both gentiemen hesitating whether or speak again. Mr. Beach relieved them of their embarrassment by the remark, pointing to his client, - “O, DO! this is one of the best natured of men.” Evarts and Beach clasped hands, Mr, Tilton made & formal bow and turned away to confer with Mr, Beach, MR, BYARTS’ OPINIONS. Mr, Kvarts repliea to the question of the Hrraup | Teporter as to What the defence thought of the Judge's charge to the jary, Judge Nelison began his address by referring to | te of mind and his conduct involves seve- | His eyes dilated and the expression | put upon the oath binding them to | Judge Fullerton was | | absent till near recess, and consequently missed | representative, his g! NEW YORK HERALD, FRIDAY, JUNE 25, 1875.—TRIPLE SHEET. ured style, “the reopening nobody supposed would Tr take place,” “Why nor, sir?'? “oh “The trlal so far occupied an extravagaat amount of time, and should the case baye be: reopened, a proceeding which the counsei on the | other side appeared to seck, the beginning of next | Winter would not have seen the end of it. How | has often marked his eiforts during the trial, ‘how many jurors might have died in the mean- | me; how many lawyers might have gone to sieep she sleep of the just 1 am at present unable | to say, but certain it is, that haq this case been reopened Heaven only knows when it might have | terminated. | BROTHER SHEARMAN’S IDEAS. i “What do I think of the charze,? suld the dap- per little counsellor, turning round to the HERALD 03 looking like fall-primed nine inch guns, ‘What do I think? We have No reason to complain, sir, nove at all. OF course there were some polats oa which Juage Neilson charged that we may nave deemed rather unfair to our side, There were also many points on which the Judge ruled which we deem more or lesa agreeable to our view of the evidence. On the whole the address of the Chisf Justice was as impartial as it could pessibly be under the circumstances, He had an extremely dificult task to perform; he was steering between Scylia and Charybdis,”’ “What conclusion do you think the jary will come to, and how long do you think they will re- main in deliberation #” ‘hat i# entirely problematical. I think I may gay with absolute certainty that the jury will act entirely on their own convictions, and as for the rumors of approaches having been made or of any oftheir number having expressed opinions in favor of our client or a resolntion to acquit him Ihave no knowledge; neither has Mr. Beecher any knowledge, nor, in fact, anybody connected with the defendant's case.’ MR, WILLS VIEWS. Mr. John R, Hill, one of the legal advocates re- tained for une defendant, expressed himself freely asto lus impression of Cnief Justice Neilson’s charge :— . “No charge,’ said he, in response to the HERALD reporter, ‘could have been more impartial when you take into consideration all the perplex- ing surroundings of the case, Ithmk there can be but one opinion ag to the just and able effort of the Onief Justice, His charge has given general satisfaction te all parties.’” | “Ag to the new evidence, Mr. Hill, what ao you think would have been the effect of the admission, of ity” i “Well, the very fact of the Judge having de- clined to entertain the proposition 1s sufficient to indicate mething could come of it.” ‘MR. MORRIS’ EXCITEMENT. Mr. Morris was in the height of his excitement, A jig on pims and needles could not have increased the intensity of bisanimation. A KgRaLp reporter asked him what he thought of the charge, and, in fact, what he thougat of the whole case. He was on the jump, however, and had nothing to say. He will be calmer next week. WHAT MR, ABBOTY THINKS. Mr. Austin Abbott, the accomplished compiler of law reports and author of “Abbott's Digest,” whose services to the defence during the course of the trial, a8 legal prompter to his associates, have been recognized by them in terms of the | Dighest commendation, thought the charge of | Judge Neilson @ well considered and ably written document. i “30 you think, Mr. Abbott,’ asked the reporter, ‘that the charge was perfectly impartial and fair | toward your side of the case?” “My views of law,’ was the reply, “are ex- pressed in the fity-four potnts submitted the Court yesterday, on which I requested Judge | Neilson to charge, His Honor did not tnink it proper to direct the attention of the jury to all or them, und, of course, my views in refereuce to that do not agree with nis, as itaink me enonld mave charged upon allot them,” many jurors,” added the distinguished | advocate, with ® merry twinkle in his } eye and with that’ dry homor whion | | Mr, Abbott declined to vay anything whatever ("2 in regard to the new evidence of Loader and Price, the upholsterers, and Leys, the druggist. He | thought it was @ matter which lay entirely with | the plaintiff's counsel, Mr. Abbott was confident that the jury would renaer a verdict for the de- | fendant. EX-JUDGE PORTER'S THOUGHTS. The ex-Justice of the Court of Appeals savin the like court room during most of the after- noon. He sought to while away the tedieus hours | by perusing the pages of a novel, but maniiested bis anxiety by ireauently closing the little red | volume and conversing in @ low tone with Mr. Qvarts, who occupled a chair near him. Judge Porter looked up pleasantly from | his book whem approached by a reporter, | tance, and expressed his readiness to oblige the HeRatp with almost anyching but bis views on the triakand the charge tothe jury. He was Rot, he said, in the habit of commenting upon the | cases of his chents, He had no hesitation, how- | ever, in saying that be thought the charge of eilson an exceedingly dne legal docu- ment, and one with which he had no dissatisiac- tion to express. Upon the subject of the new evidence and all other matters affecting the trial Juage Porter absolutely declined to say a word. GENERAL L & CATLIN'’S BELIEFS. The reporter, in moving among the sweltering throng of anxious men and women wio C) waiting for the verdict, encountered General Isaac S. Oat, of the frm of Tracy, Catlin & Broadhead, and engaged ina brief conversation with bim to the following purpose:— “What 1s your opinion, General, of the charge of Judge Nelison to the jury 1” “Well, sir, I have bat one opinion on the sub- ject, and that one will be, I think, indorsed bya | majority of the Bar of Kings county, and that opin- | jon is that the charge was admiraole, Itisare- | markable charge ifits way, as 1 keeps clear of all entanglements of law and evidence, and nicely | balances the weight and effect of eaca material | allegation.” | “Bat is not that an opinion for the defendants side? How think you the counsel on the other | side of the question will regard tne charge ft” j “No; I beueve that even the counsel jor piain- | | | tf could take no exception to the studious tair- “L think it was an tupartial, a learnea and an | eloquent efort, it was What might be expected of Jadge Netison, who, thougn kis reputation is seemingly circumscribed, is nevertheless familiar to the entire legal fraternity of America,’ “Then you ae entirely satisfied with the ohare! 4 “We anticipated auch a chargé as he made, Wo never gad any reason to Delieve that Judge Noil- @n would presout the case to the jnry with any favor toward one side or ihe over. The chatge was altogether fair and just. “What offect, in your opinioa, Would the ro- Opening of the case have had?” ness, OF the ct They suomitted no requests tocharge. The defence did, and on those r quests His Honor very iairly and impartially de- livered a clear and intelligivle char, “What do you think will be tne effect of the newly offered and rejected evidence upon the case?” | “Weil, sir, I belleve that that wasone of the | Most absurd pieces of pettifogging that wasever | dreamed of, The very idea of attempting to re- | open such a case at its close upon sucha flimsy retext was the height of unmeaningness, if I may use the term,’’ “Bat baye not the counsel for tue plaintiff a perfect right to introduce the ‘allegea newly ais- covered evidence’ in moviag for a new trial?” ell, they may have that legal right, tt is trae puc I do not, for my part, believe that they wil! ever attempt to exercise it.” MR. PAT KEADY'S CONCEPTION. A rerorter met Mr. P. Keady, the junior counsel in the cage on the Beecher si and the following conversation took place:— “counsellor, What Is your judgment of che charge of Judge Nelison to the jury ?'’ “My opinion is that it was very fair, and we did not anticipate anything better; in fact, it could not have been more ciear, compact and terse, ‘Toe defence ts entirely satisfied with the result im this respect. Judge Nelison has won jaurela that | will not soon wither as an impartial administrator of the law in this case, Both sides recognize that fact.” “What of the now evidencemwhy was it ex- | eludedy “For good reasons, It was out of place and ill. timed; im fact, it showld havo had no weigut, and the Court rightly snubbed the lawyer who pre- sonted it whon the amidavira were handed ba “Do you think a new (rial likely to ba granted. should the jury fai to Agree, upon the presenta Kon Of the afidavite as published in the Henan | Of to-day?" “Weil,” said Me, Rvarts, ia his calm and meas- | “Lt ta impousible for me to say What the plaiatia | | Justice the individuals of the great crowd specu- | | authority,” and spurned tnose who differed witn may do, but it is my impression that to renew the contest Would bea forlorn hope.”’ GENERAL B, ¥. TRACY'S TDEAS. Alter dining at bis Montague street residence, last evenmy, General Tracy walked over to the Court House, In Fulton street, just opposite the City Hall, he met Mr. Tilton and Mr. A, B. Martin, the gentleman who swore that he sat on the back and Tracy exchanged glances, which might sigoily mutoal scorn and hatred, but beyond tis there Was no sign of recognitiou. As the Geueral en- tered the Court House he was accosted by @ re- | porter and the foliowing interview ensued :— RErcoRTER—Have you any objections, General, to giving the HERALD your opinion of the charge of Judge Neilson to the jury? General TRacy—None whatever; 1 think it is conceded by all the counsel that the charge was perfectly fair and impartial. Rerorrer—What do you think of the action of the Court im excluding the testimony of Messrs. Loader, Price and Leys? General Tracy—I think tt 8 periectly just ana proper. The admission of 1t would be wholly unprecedented and highly injurious to the cause of justice. ReporreR—Do you place any reliance upon those shalements ? General Tracy—No, sir; in my opinion they were merely put forward to influence public opinion against the defendant, ‘ney will certainly rail in their object, as the trick is a very shallow one. REPORTER—But, General, uf the affidavits had been admitted, was the delence prepared to meet themdm court General Tracy (emphatically) —Yes, sir; and we have been for wwree weeks. As to their influencing the jury. I have not the slightest fear of that. RePORTER—Do you think, 1m the event of a ver- dict against the defendant, that you and your assoelates will move for a new trial? General Tracy—That possibility is too remote to ‘Warrant you in asking such # question. ‘Thi od the interview, General Tracy retir- ing from the court room, which bad already been deserted by all the otuer lawyers. IN THE CORRIDOR, ‘Tne shadow of the last juror had not crossed ‘the threshold of the court room vefore the scene | of disimtegration began. Such a rush for the door | had never been seen on any previous occasion. It seemed as if every visitor in that vast audience had some friend outside to whom he wished to impart the chief features of Judge Neilson’s charge. Along the entire length of the dark and nar row corridor leading trom the court room doors to the vircular stairway in the front ot the build- ing, Wai ranged a double row of anxious faces, and each person, as he emerged trom the room, was Gompelled to “run the guantiet” of the tongues of the anxious watchers. “how is it?” exclaimed one outsider, “What did he say? stammered a chorus of voices, For @ fow moments there was a confusion of tongues, as each person essayed to tell his ques- Uoner Mall about iv? in a few words, “He says that aman who would perjure him- self would commit any crime,” @ lastaiker man- aged to say. “se does full justice to Moulton’s friengship,”” exclaimed the next. ‘Dead against Tilton,” said another, as he snook himself loose from a man who had clutched him by the arm, and passed on. “The conspiracy and blackmail charges were ignored,” chimed in an oppenent to Beecher. “Very fair charge,” exclaimed an irritable in- dividual, without looking toward his inquisitor. “Bad, very bad for Beecher,” muttered a small man, a8 he slipped down the side stairs, “Gives Tracy ‘@ cleau bill of health’’? chuckled @ phygician, wo used to be a Quarantine commus- siones, gad who, amid these scenes of excite- ment, clung to the memories of other days. ea ded,” replied a conservative. piazza at Mrs, Ovington’s while General ‘Tracy conversed for two hours m= the | parlor witn Miss Bessio Turner, Upon | approaching each other Mes Tilton | crowd, with its turmoll ever re. | lung to the corridor, gorged the stair Ways and spread itself over“the streets and into the adjacent park. Rumors, wild and untrust- worthy, spread in all directions in the City of Oburches at the same time that the actual facts and the text of His Honor’s cbarge was travelling by the telegraph to the remotest parts of the country. WHAT OF THE VERDIOT? The reaction ‘rom mere idle curiosity regarding the present to wild speculation as to the /uture soon followed. The multitade realized that it had no time to waste upon “the Judge’s charge, when | the final verdict, of vastly more impor- | might be rendered at any moment. ‘The jury, which alone conid finally lay this great social nightmare had begun its deli» tions. While they lingered around the temple of | lated and guessed and pretended to be able to | speak Knowingly regarding the verdict of the jary. It was remarked that the members of the Plymouth church party “spoke as those having | them in opinion as to what the verdict should or would be. “The jury will return within an hour with a verdict of acquittal,” triumphantly exclaimed one. | “Iam passive,” said a plump and pompous per- | sonage, Who struggied in vain to act and appear | calm, but wno was constently ascending and de- | sceading the stairs to ask of the doorkeepers tne | latest news. Near an alcove, in the corridor, stood the old | English pie-man, who, during the memorable | “Hondred Days," bas always been found awake | at his post. “I allow that where will be a aisa- | | | greement just a8 sure as one of that other fellow’s ples will disagree with cast iron stomacn.” He looked over toward a timid, mild-laced man who, on the other side of tne hall, ran an opposition trade in “pies an’ things’—‘‘On, they’ disagree — for sure.” A leaa, cadaverous young Man, with a very large chew of tobaeco in his right cheek, replied:— “acquittal. Why do I think so? Because Mr. Shearman buys his victuals at my father’s butcher shop.” “Every moment the case grows more desperate for Mr. Beecher,” said a quiet-looking man in biack to a friend as thoy sat on the stairs fanning themselves and thinking of the possivilities of t future as affected by the verdict. “L am dis inted,” said Alderman Whituey; | “I expected the jury to rise and acquit Mr. Beecher without leaving their seats, The very ‘Worat We expect now is ten to two in our favor.’’ after saying which he meandered away teward the court room, trying meanwhile to look con- tented and meek. “The delay makes (isagreement certain now,” the way in which @ little old man, with mis { hands behind bis back, expressea himself, “Lama Beecher man,’ replied the next speci- men of living, moving curiosity, “and as such I am sorry that the aMdavits were raled out. [ should rather have had them disposed of now. Toe verdict ? Heaven only knows now, I did hope jor a great triumph in the trst hour; but after that has pasged and the jury bave not rendered thelr verdictI do not know what to hope for or expect.’ Go into any store or restaurant or sample room, and there was to be found the same lingering, listless crowd, waiting, auxlously wating, for news irom the guarded and unapproackabie jary | room, A NEW YORK LAWYER'S COMMENT. A TIPRALD reporner was approached by @ prom. ment New York civil lawyer with the inquiry :— “ig the Jury out?’ “Yos; they leit at a quarter past one.” ‘4 hope, they, that the Judge will keep them locked up Until We have a verdict.” “How loug Would you kesp them m custody of the officer of the court bere discharging them?” | the reporcer asked, witn a view of getting the | lawyer's OMaton, “T would keep them confined as many days as they have been jorced to lixion to Kvarts, and then cischarge them ifno verdict was arrived at. Travis? wid he, “1 guy survived the ordeal. The country can’t stand the uisgrace of @ repeti- Won Of this evidence.” A BOUTHLAOK'S VICTORY. ‘ While ono of the partivans of the great defend. was having nis boots polished of the steps vu: the Court House ho was sa;rounded by several of his aoqdaintances Who admired mis White hat | | than a hali of justice, 3 The conversation quickly turned upon the ex- pected verdict, When the man With Lhe Wiite hac kicked over tue box of the mdustrtious little “shiner,” aod, pulliay a cigar eus of his mouth, eXcis med :— “Weil, just look here, Pil bet any of you fellows fp against & good cigar that tuey will give our enry # verdict within three nours.? * His offer was met Wth lauguter, and, just as the anxious man Was returniig the $5 to pocket, a tue vootblack near oy slipped up an siding up tothe “white hal,” remarked to the little specimen of manbood beneath “What's yer sayin’? Five dellars agin a cigar on w Verdict ior Beecier? 1 takes it.” T cy his pocket the butt of a cigar the Hk&ALD repor*er had just thrown ow and, Dol.ing it aloft, “iumpuauuy exclaimed, as his eyes shows with Vietorio4s tirat:— “And I'm not a teller to stand on a pint. [ puts up my stakes, and | wants ye Lo jist cover it wita that five douar vill.” The man with the white hat looked at “Shiney.” then at the cigar and, drawing bimself UP in au attitude of offence, watted uniil the boot his | the remalnder of thetr confreres and evidegely Mewnt to mamta the stand they had taken, The dis »peared wo be warm and carried vith & great deal Of acrimonious leellug On sar ON THE § B03. b nt were falling iast” as through the sol Brovklyo last evening haondreds wended their way to the hist be admitted if they were ase and to be | that applicauts tor admission were prompte mete curiosity. Among taose Who thus cougre- gated iu the stveets about the Court House were many ladies, WaO Stood afar od upon the curb- Stones, and Watched with the most lively interess every mevement ana incident that occurred. at tyne oO'ele when it was very generally understood chat Diack had placed « full city lot between them. He | made no more offers to pet on the result, THEM APPERDAVITS DOKS Tr, One of the b’hoys evidently, Wo sported a gor- geoux Alaska diamond, was entertaining bis frieuds with ols view of the matter, when one took exception and ventured the reimurk that be was a member of Plymouta chureh he changed to the other sige and exciaimed : “Ol, hell! J was jastdrawing you on. Them affer- davits In the HexaLp this morning just knocks the stumin’ ovt of Viymouth churea and don’t leave ‘em chance to say ‘seat.’ That's my opinion, boys, and I guess there are pienty of afferdavits just of the same sort. ‘A SENSATION. At twenty-five minutes to six there was a hum of tar-oif voices heard in tue corridor near tne doors of the court room, and a crusning crowd of outside populace Was scen coming up the stairs. Nobody askea any questions, but the idea present in every mind was that the jury was coming. None stopped to think of the absurdity of those in the street becoming possessed of such information in advance of tuose who watched tne only stairway by whitch the jurymen could descend, but ali rasned peil meli for the doors. Evca man crew his aumission ticket, a8 & stranger | in a mov draws his revolver, and demanded ad- wiitance. Tae rush soon became a panic, and be- fore tue portly Judge Neilson had ascend-d to the | bench the court room was more densely jammed than it has been for weeks. The chagrin of all parties When the ‘sell’? was discovered was very great. BELLIGERENT JOURNALISTS. About eight o’ciock, while tne court room was stil crowded by trieads of the parties to the suit, a iracas occurred whies varied the monotony of waiting for the verdict, Counsellor Shearman was reading to Mr. W. F.G. Sbanks, of the Tribune, a document which was supposed to be an afffdavit | Mr. John ©. Hennessy, o! the | of Mrs. ‘Tilton’s. New York Times, walked jorward, and, aecosting With # langa | Mr, Shearman, asked for hig paper a copy of the | docuuent,. Mr. Shanks, seemingly irate at below interrupted, made a remark which was Not calculated to promote good ieeling. Mr. Hennessy replied tartiy, more angry words 1ol- lowed, and the passions of the two gentiemen having by this time been worked up 10 the highest pitch, it seemed natural that a biow shoulda be struck, the aggressor being Shanks. A genume rough and tumble scuille on the floor of the court room then ensued, the ladies shrieked, the people in the gallery applanded. aud the scene was brought to @ close by the oficers of the court con- ducung both o: the fighting journalis' nearest police station. After suMici elapsed tor their angry passions to subside they were brought back to the Court House, where Judge Neilson, in Chambers, released them both from custody on their own recognizance. THE EVENING IN COURT. After the jury retired to consult and discuss the verdict they should render, the court room, for Veral hours, was througed with a large aod ing heat and foal air, stoutly and determiuedly kept their places in the hope that the twelve good men and true would occupy but a short time in their deliberation, and that they would speedily return and abnounce their decision, ‘There were, of course, aby number of opinions advanced as to nt time had | pectant crowd, Who, regardless o' the sweiter- | What the result wouid be. Some argued in loud | | and confident tones thar Beecier Was sure to be however, appeared to | acquitted; the majority, favor the idea that a disagreement was Inevitable and that inorder to determine satisfactorily ine questions involved & new trial would have to be had. All through the afternoon the weary hours sped on until am appearauce of weariness gracuaily came over the countenances of tne spectacors, ana on every side were heard hopes that the jury would soon * come in «nd end the ny of suspense. At six o'clock the jury had given bo sign that chey would agreee. The Judge, theretore, ordered a recess until cignt o’clock, which was hatied asa relief by all. The court room, alter the announce- went to tnis effect had been made, was in afew moments vacated by pearly the whole of the peo- ple who hac veen for hours patiently waiting, although there were some Jew people who, re- gurdiess of tne iutemse heat, preierrea Tatner to stay and keep possession of their chairs than ran the risk of findivg them occcpied by others on their return shouid they venture to Vacate them. for they appeared (0 ex- pect that on ‘the Judge reappearing. the janis would be seut for to deliver their judgment, T' dénowuement Was what they had been waiting Jor, and what taey did nos intend to miss if it could be helped. A WEARY TIME. At the appointed ume Judge Netison again re- turned to tne Court House and entered Bis pri- vate room, but pot the Court, forthe jury had as yet sent no word and no word was sent to them. The court room gradually began to fll up, but owing to the excellent police arrangements, by whict the corridors were kept entirely irce and clear, there was an absence of the usaai crushing and crowding at the entrances. ‘The gallery, a in a theatre, was filled through. out the evening with @ motiey-looking crowd, The inen seated there were oue and all deter- mined to see the thing through, and walted the entrance of the jury With the greatest possiple patience. One by one as they entered, and arer they had occupied their seats for a few minutes, they began to leel the almost overpowering leat, dail kinds o! remedies and expedients were adopted to obtain reilef, Fivaliy one man, boider than the rest, threw off his coat and appeared in the iront row in his shirt sleeves. This example Was speedily followed by the remainder unti scarcely & Coat was to be seen. Som o the Judge Would re‘ura to receive any verdict the jury Were prepared to render, the loungers avout the corridors were turmed iuto the streets, the outer gates that guard the approaches to the corridoss Were Wild one exveption locked, and about twenty-five puilce oifleers were stationed witatn the enclosure, while others were held in reserve ut the staiiou house mear by, One door Was leit uuocked for lugress aud egress, irom Which liumdreds were tarned away disappointed. This action on the part of the police officials gave great dissatisfaction to the crowd Which by fhali-past eigut had numbered fully 2,000, ‘They were chiefly congregated in front of the entrance, bat ail the Sdjacent streets for s@erai blocks were filled by uu eXe cited crowd, who only wanted a bint to display their enthusiasia for one or the other party to the vial ‘The occasion soon offered whea the police officers came out of the bulldmg having tn cus. tody the beiligerent newspaper men, Whose “mil! in the court room Is described elsewhere, Sev« eral hundred excited men followed the party ta the station house, aud among them were discov. ered quite 4 uumber ot New York roughs, @vie dentiy led by an Kigath ward “vounder,” who if celebrated as u repeater for tae The Alen interest. MRS, TILTON’S CARD. The foliowing ailidavit was prepared by me and placed in tue hands of counsel, Mn expectution of an opportunity to pre- sent it oT court; bur no such opportunity having yeca given and afidavits abe solutely talse having veer publisked ugainst me, T now derire to pudiish this for iny own vindica- cation, ABELH R. PELLON. MES. TILTON'S AFFIDAVED, The following adidavit, made oy Mrs. Elizabot™ R. Tiiton, was handed to the reporters by Mre Shearman for publication City Court o7 — brooklyn.—Toeodore Tilton va. Henry Ward Beecher, city of Brookiya, county of Kings. a eer pada R, Tilton, being duly sworn, says a@ ‘Ollows :— In the months of September, October and No- vember, 1869, | resided wita my Busband iu Live ingston’ street, and f had the entire charge of housenoid affairs. No person was employed in laying carpet in doing any Work at Lhe house except by my direceion, During tuese months I did not employ or vuihorize the employment of aby man numed Price or Loader for any Work about the house o1 any kind, nor do I recollect or ve- lieve that any such men were In My house during any of tae taree months avove Mentioned hor 10 the fall of 1889, nor to the best Of my Knowledg@ and belief were tuey ever iu my house. I bave read in the New York HERALD @ state- ment purporting to nave been made by a wan whom 1 am iniormed to be Josepn Load ect that 1869, while Load rice Were Working on the hall stairs, | opened the aour to Mr. Beecher, when he seize how Of me, clasped his arms around me, me und then walked Inco the front pari his arm around my waist, The whole Of this sto is utteriy taise. [annex to this allidavit the ex- tract from the newspaper coutaining all the 1n- jormation which I have coucerning the statement of this man Loader as to what = hup- pened in the house, while he says he was there. This narrative, So Jar as it relates tv wyscll, is enurely false, aud the occurrences theréiu described never took place eliner in Uc- tober, 186%, or at any ocher time, Phere never Was any improper conduct or improper rela- Vioas between Henry Ward Beecuer aud iny- self, aud all the cuarges of adultery, or any attempt oa his part or miae to have or solicit any imdecorous acts aro utterly aud entirely faise. There never was any act Of familiarity or mark of affection either om Whe part of Mr. Beecher oc myself im the absenca of my nusdaud toa greater degree than What took place in the presence of my wusbund. Nor wad there ever greater furniiarity between Mr. Beeener and myself than there was between in me and my stepfather and brotner. Nor was there any act passed vevween ua which might not with equal propriety have passed between u ‘ather and @ daughter. | The trout parlor was divided from the library by | took off their vests and collars, which gave tae court room more the appearance of A CONCERT HALL This gathering, too, en- aeavored to while away the tume by ing jests and iunny remarks among themselves on’ ti more respectable audience below. Sometimes they became & trifle too boisterous, when they were immediately checked by tue police officers on duty, or by the officers of court. MRS. BEACHER IN COURT, Shortly before etgnt o’ciock Mrs, Beecher, lean- ing upon the of ex-Judge Porter, entered t court room. As she passed along the 8 to the seat which has been set apart for her, #ne was the ecynosure of all e: and various were the re- marks upon ber courege aud nerve at daring to face tie dread result of the six months’ trial, when at any moment the jury might enter and either brand her husba:d as guiity and woprincipled villain or an innocent and much maligned man. tered immediately ater Colonel H. bs. Beecher and wife, Dr. Edward Beecher, Mr. Wul- liam Beecher, Hervert Beecher, H. M. Cleveland, Proessor H. B. Sprague, Professor B. Brennan, Baw A. Studwetl, Supervisor Harman, senator Murphy and Messrs. Abbott, Tracy and Stearman of counsel for tne defendant. Ex-Judge Morris and General Pryor, 'ogetner witb Mr. W. M. Evarts, were tn the priv room conversing witn r as the night wore on, some tacetious individuals would rap on @ chair, anda sudden cry would be given of “HATS OFF, GENTLEMEN!? by the officers, under the tmpresston that th> Judge was about to enter and, pert ps, the jury. Thea, too, reports were circulated, and discussed to the effect that the jury were quarreiling; that they had agreed, and again that there w sioiity of an agreement and so on ad infinitum. At anotier time there would be a flutter at the door, and a rumor be spread that the jury were coming in. AS @ Consequence every one would rise from their seats ana crane their mecks and heads to catch the first glimpse of THR TWELVE ARBITERS a pronounce him There be first intimation of what the end would be. It Is needless, pernaps, to say that these all proved to arms, @od the conviction gradually ” then. Wishes were tuen ex- pressed that the Judge would adjourn the Court and so end the suspeuse for tne might, ADJOURNING THR COCRT, Shortly before ten o'clock. Mr. W. M, Evarts entered the court and was greeted with t hurricane of cacers and ciapping of hi was then thought, and justly too, that there some move to be made, and that tne curtain was to be dropped for the night. So tt proved, jor at fifteen minute: ast ten, Judge Neilson entered from tne sive door into tne court Toom, and ordered the ( ourt to be adjourned until ten o'clock to-day, The asus) formal aunouncement ‘Was accoruingly made by the Clerk, and the peopie, with @ sigh of ef, began to slowly file out of the room which i to them proved for hours but little more than a Turkish bath, WHERE THE JURY SPEND THE NIGHT. By order oi Judge Neilson tne Jury were con- veyed to room 24, which is the largest most gonvenient room in the Court Ho: re they ‘ere to spend tue nigut, They were guarded an- ti morning by seven police offlecers and three olicers of the court, in order to prevent cither th One Who might Le desirous of approacbing them. They were (o be jurnisied With ali the Decessuri tuat they desired for tueit comfort, HOW THE JURY STAND, ‘ihere was cousiderabie dificaity experienced In discovering Low the Jury stood d& to the ver. dict that they would render, 1% Cecime rumored daring tao evening that they Were eveuly divided; Dut subsequently It Was ascertained that they svood at (en o'eluck mine to tures, but maj) nity War there meine of find.ng out, Was certuin, owever, from ou. servations that were made through a window Of tie actions Of the jury, Wille discussing the evi- denoe in ther room, thal there were thr. e of thete umber Who had Urmily arrayod themscives againes w course there would be no verdict close folding doors, to Which there was no Key, and which was never locked. ‘Tuese doors would hotcome closely together, and when they were shut there were always two wide cracks, onv between the two doors and the others betweea one door and the wall, and through = wese cracks any one could easily see What was going on in the tront parior. Now, Was it possivie in 1569, nor at amy otpes time wulle | lived ta my nusbaud’s house, lor auy one to look through we cracks between the iold~ ing doors Without the figure of sach person being s2en irom the- ciosed door or the parlor? ‘ihe incut parior Was, therefore, @ place in which ne secrecy Was possivie, and, at the same time, ne one could bave brougat the toiding doors, as be man Price described having doue, without velug seen by me irom the parior ii [was there. ‘he sofa was in close to the front window, aud it was my custom alway@ to have the blinds drawn at the season of tha year referred to So that passers by should hava Seen the soa irom the street ‘the children of the neiguborhood were also ac customed constantly to play about freely aud to ran avout on the piazza {row Which the parior winaows opened, und U was not the slightest guard or secrecy either irom people outside tue house or irom the servants wituin. ic was frequeatiy the case that quite @ humuer Of chudren were playing on the pineER for @ long time without interruption ana in view of the parior, In Octover, 1809, | had no housekeeper, but three servants aod a wet nurse, und alsa had three children, pvesiaes my baby, all of whom except the baby were accus- tomed to go in and out through the front parior Ireely. No wousekeeper nor any other person paid too bills of work people or any other employd about tue house in the fail of 1869. I paid all such bills myseif.. Miss Denuls was not in my house at that time, nor was there any elderly lady in the house who could or woulda bave wid for any wore done in it, nor, indeod, was there any elderly lady with us during that full, except oveasional Visisors, noue of Whuim imteriered with the fauily adfuirs. No man or men were employed to lay carpets in our house at any time in 186%, We bought no hew carpets and fad no carpets laid down afier moving 10 our house in 1866, am No carpet was laid down on the ball stairs, and no men Were employed in the work of laying down either new or old carpet on tue ball stairs atuny time im the year 1869. Any such Work what Wad done at all was done by women. ‘ue only work that done by Men ubout carpets was the car- pet shaking, whieh was done by a man with whom Iwas well acquainted for several years and wno ‘Was not one oi the men referred to tn the annexed newspaper article. Idid bot employ @ st wer to do work on tae.carpets or any thing else, «nd ifany mea were employed they will pe ablo te produce the records from the carpet stores with which 2 had dealings, and as I am lh Jormed and believe, tuese two men, Loader and Price, ‘were not employed by nor i any way connected With any of those stores, nor ems ployed by me, or connecied with any persou With whom either my husband or myself had dealings in year 1860, In conclusion 1 de. ciare im the presence of Almignty sGod that I am absolutely innocent of all the offences charged against me with relation ta Heury Ward Beecher, except only taat, under the influence of my hasdanu, witch I found it impos. sibie to revist, so long as I persisted in livin » - have made charges against M Beecher which were false and en tireily unfounded, and which .my husband knew to ve tuls+; and I declare that I leit my husband voluntarily aod without any sovcitation or inducement irem any person, and especigliy Without any solicitauion on tae part of “Mr. Beecher; but from any knowledge I have of bis views, contrary to the deure of Mr. Beecner; and {[ do say because J do find, by sad experience, that the onl result of my long endeavor to serve my tasoandy was that I kept myseli in his power, and that i Was impossivie for me, so long as Llived with ni to speak the truth when he required me Geny tt. ELIZABETH R. ‘TILTON. Sworn Oefore me this 16th day of June, 18Ti— A. MOUUE, Judge of City Court, Brooklyn. JUDGE NEILSON’S CHARGE. GENTLEMEN oF THE JURY—Your term of service here rawiog toa close, You must find relict ig the prospect of returning to your usual to the unrestrained hanits of daity life, ‘ou — also be grateiul .or having been able to give suc! atteniton to the case as prepares you tor the duty yet to be discharged, | have @ sense of the importance of that duty, and weNu to give you ali the aid I consistentiy can. but I must do so within limitations im. Posed by My habits and convictions, with especial reference to the influence which @ judge may properly seek. to have with a jury. T have per: Sistentiy, aad upon principle, reirained from ursutts, | Stating to juries my opinions upon controverted questions of tact. The exceptions to this course | have veen as to poluts ol slignt importance. Asan egress [rom the room or the ingress of any | | Mien selected from tue bo illustration of my general methou, aod as help ipg you tO & proper estimate of your po sition, I turn to the i8th of Abbotts Kepor's, page 343, and read a iew words from my charge given at iengtl in the report ofa case in this court. Whatl said to that jury 1 now say te ‘It isyour duty to accept fwliy, and without @ snide of mental reservation, tie rales of jaw stated. But, om the other baud, I wish to pay a like degree Of respect to your great ofice, Yeu are the sole judges of the Welgnt of the testimony aud ofthe credibiity of the Witnesses, A sense of this resirains me trom commenting upon the Proofs at large, and from indicating to you what Tay OWn Opinions nay be Ou the questions of fect {nvoived,”’ Your recognition of that as your rela tron to the Court and fo the cause, is due te ine oath you have taken to render a trae verdict ade cording (0 the evitence. My recognition of iis due bot only te you bub to these parties, #8 the Moral force of A verdict depends largely ou the Jact that it 18 the aoulassed judwment of the tweive Of Our Gusomd, Mad,