1 00:00:01,040 --> 00:00:06,160 Speaker 1: You're listening to History on Trial, a production of iHeart Podcasts. 2 00:00:06,720 --> 00:00:19,480 Speaker 1: Listener discretion advised. On August twentieth, eighteen seventy four, Theodore 3 00:00:19,520 --> 00:00:24,440 Speaker 1: Tilton strode into the Brooklyn City Court, his golden hair 4 00:00:24,640 --> 00:00:29,160 Speaker 1: glowing in the sunlight. Nearly a head, taller than most 5 00:00:29,240 --> 00:00:34,680 Speaker 1: men and famous to boot, Tilton drew attention wherever he went. 6 00:00:35,440 --> 00:00:39,680 Speaker 1: But today he wasn't trying to be recognized. He was 7 00:00:39,760 --> 00:00:47,120 Speaker 1: here on private business. Private for now, at least. Tilton 8 00:00:47,240 --> 00:00:50,519 Speaker 1: was in the courthouse to find a notary public. The 9 00:00:50,600 --> 00:00:54,400 Speaker 1: day before, his lawyers had drafted a civil complaint on 10 00:00:54,520 --> 00:01:00,120 Speaker 1: his behalf against his former boss. Now Tilton needed to 11 00:00:59,800 --> 00:01:03,520 Speaker 1: swear to the truth of his complaint in order for 12 00:01:03,560 --> 00:01:07,040 Speaker 1: his suit to move forward. It wouldn't be easy for him. 13 00:01:07,760 --> 00:01:12,479 Speaker 1: The contents of the complaint were humiliating. To put it mildly. 14 00:01:14,160 --> 00:01:18,640 Speaker 1: In the complaint, Tilton alleged that his former boss had 15 00:01:18,680 --> 00:01:23,640 Speaker 1: engaged in an affair with his wife. The affair had 16 00:01:23,920 --> 00:01:29,200 Speaker 1: ruined Tilton's marriage, his family, his reputation, and his career. 17 00:01:30,200 --> 00:01:34,640 Speaker 1: He had suffered so greatly. The complaint claimed that he 18 00:01:34,760 --> 00:01:39,479 Speaker 1: now asked for one hundred thousand dollars in compensation more 19 00:01:39,520 --> 00:01:42,800 Speaker 1: than two and a half million in today's money. It 20 00:01:42,880 --> 00:01:47,040 Speaker 1: was an enormous sum, yes, but the wrongs that Tilton 21 00:01:47,080 --> 00:01:52,720 Speaker 1: alleged were certainly grievous. After all, he and his wife 22 00:01:52,840 --> 00:01:57,480 Speaker 1: Elizabeth had once shared a happy home, filled with laughter 23 00:01:58,120 --> 00:02:02,120 Speaker 1: and bolstered by their shared faith than God. But now 24 00:02:02,600 --> 00:02:06,880 Speaker 1: every day at home for Tilton was torture and he 25 00:02:07,000 --> 00:02:11,560 Speaker 1: was losing his faith. Rumors of his wife's affair were 26 00:02:11,639 --> 00:02:17,040 Speaker 1: already circulating, with competing narratives popping up, and Tilton wanted 27 00:02:17,080 --> 00:02:22,240 Speaker 1: the chance to tell his story. The legal system was 28 00:02:22,280 --> 00:02:27,639 Speaker 1: his last resort. What Theodore Tilton started that day, as 29 00:02:27,639 --> 00:02:31,519 Speaker 1: he swore to the truth of his complaint, would snowball 30 00:02:31,600 --> 00:02:36,960 Speaker 1: into one of the nineteenth century's most shocking trials, one 31 00:02:37,000 --> 00:02:41,520 Speaker 1: with implications for not just Tilton, but for all of 32 00:02:41,680 --> 00:02:46,639 Speaker 1: New York City, the United States, and even the Christian Church. 33 00:02:47,520 --> 00:02:52,480 Speaker 1: Because the man that Tilton had just publicly accused of 34 00:02:52,880 --> 00:02:58,840 Speaker 1: quote wrongfully and wickedly seducing his wife was a man 35 00:02:58,880 --> 00:03:03,000 Speaker 1: of God. He was none other than the most famous 36 00:03:03,040 --> 00:03:08,280 Speaker 1: preacher and perhaps the most famous man in all of America, 37 00:03:09,040 --> 00:03:14,880 Speaker 1: Henry Ward Beecher. Welcome to History on Trial. I'm your 38 00:03:14,880 --> 00:03:21,000 Speaker 1: host Mira Hayward. This week Theodore Tilton v. Henry Ward Beecher, 39 00:03:27,040 --> 00:03:30,359 Speaker 1: the man who allegedly had had an affair with Theodore 40 00:03:30,400 --> 00:03:35,640 Speaker 1: Tilton's wife. Henry Ward Beecher was born in eighteen thirteen 41 00:03:35,840 --> 00:03:40,600 Speaker 1: in Connecticut. His father, Lyman Beecher, was one of the 42 00:03:40,640 --> 00:03:44,320 Speaker 1: pre eminent clergymen of the day. Few who knew young 43 00:03:44,440 --> 00:03:47,000 Speaker 1: Henry thought that he was destined to follow in his 44 00:03:47,000 --> 00:03:51,920 Speaker 1: father's footsteps. Lyman Beecher was a Protestant of the old kind, 45 00:03:52,480 --> 00:03:57,240 Speaker 1: steeped in the puritanical Calvinist tradition. He raised his ten 46 00:03:57,320 --> 00:04:02,280 Speaker 1: children on a steady diet of fire and brimstone, impressing 47 00:04:02,360 --> 00:04:06,080 Speaker 1: upon them the idea that they were inherently sinful and 48 00:04:06,400 --> 00:04:12,040 Speaker 1: likely destined for damnation. Despite his rigid religious beliefs, Lyman 49 00:04:12,200 --> 00:04:16,600 Speaker 1: was also a deeply loving father who encouraged his children 50 00:04:16,720 --> 00:04:21,400 Speaker 1: to develop empathy and compassion for others. All the Beacher 51 00:04:21,440 --> 00:04:25,320 Speaker 1: siblings were well educated, including the girls, and the dinner 52 00:04:25,360 --> 00:04:31,000 Speaker 1: table hosted lively debates over politics and theology. Henry Ward 53 00:04:31,080 --> 00:04:36,479 Speaker 1: Beecher chafed against this moralistic, competitive environment. He was a 54 00:04:36,560 --> 00:04:40,520 Speaker 1: rambunctious child who struggled with both a stutter and an 55 00:04:40,600 --> 00:04:44,640 Speaker 1: incurable impulse to break the rules. He knew that his 56 00:04:44,720 --> 00:04:48,080 Speaker 1: father wanted him to enter the clergy, but Beecher felt 57 00:04:48,120 --> 00:04:52,600 Speaker 1: deeply unsure of his own faith. Despite his doubts, he 58 00:04:52,720 --> 00:04:57,080 Speaker 1: followed the path to preaching, attending college and then seminary. 59 00:04:58,200 --> 00:05:00,719 Speaker 1: Along the way, he fell in love with one of 60 00:05:00,720 --> 00:05:06,000 Speaker 1: his classmate's sisters, a young woman named Eunice. And then 61 00:05:06,520 --> 00:05:12,880 Speaker 1: one day he had a revelation. What if God, instead 62 00:05:13,080 --> 00:05:18,040 Speaker 1: of being the angry, vindictive figure of his father's theology, 63 00:05:19,000 --> 00:05:24,279 Speaker 1: was actually more like his father at home, a loving, 64 00:05:24,680 --> 00:05:30,520 Speaker 1: benevolent parent. What if being good in a religious sense 65 00:05:31,360 --> 00:05:38,440 Speaker 1: and being happy were not incompatible. As Debbie Applegate writes 66 00:05:38,480 --> 00:05:42,720 Speaker 1: in her fabulous biography of Beecher, titled The Most Famous 67 00:05:42,760 --> 00:05:46,960 Speaker 1: Man in America, this idea might not sound so revelatory 68 00:05:47,040 --> 00:05:52,240 Speaker 1: to many of us today. She writes, mainstream Christianity is 69 00:05:52,320 --> 00:05:56,719 Speaker 1: so deeply infused with the rhetoric of Christ's love that 70 00:05:56,800 --> 00:06:01,520 Speaker 1: most Americans can imagine nothing else but trust me. For 71 00:06:01,600 --> 00:06:08,080 Speaker 1: the eighteen thirties, Beecher's thinking was revolutionary, and Beecher was 72 00:06:08,440 --> 00:06:11,839 Speaker 1: just the man to spread this new gospel. He was 73 00:06:11,880 --> 00:06:15,400 Speaker 1: an enormously skilled orator who could bring his audience to 74 00:06:15,520 --> 00:06:20,320 Speaker 1: tears or laughter with equal ease. His sermons were not 75 00:06:20,440 --> 00:06:24,440 Speaker 1: based solely on the Bible. He drew from his own experiences, 76 00:06:24,760 --> 00:06:27,280 Speaker 1: from the stories of those he met, and from the 77 00:06:27,320 --> 00:06:37,640 Speaker 1: world around him. These sermons were emotional, exhilarating, empathetic, and provocative. Somehow, 78 00:06:37,760 --> 00:06:42,200 Speaker 1: Beecher reflected, I have always had a certain sympathy for 79 00:06:42,320 --> 00:06:46,760 Speaker 1: human nature, which has led me to see instinctively how 80 00:06:46,800 --> 00:06:49,919 Speaker 1: to touch the right chord in people, how to reach 81 00:06:50,000 --> 00:06:54,760 Speaker 1: the living principle in them. This sympathy and his ability 82 00:06:54,800 --> 00:06:58,120 Speaker 1: to translate it into words were gifts that would serve 83 00:06:58,240 --> 00:07:02,080 Speaker 1: him well all his life, both as a preacher and 84 00:07:02,200 --> 00:07:13,720 Speaker 1: eventually in the courtroom. After seminary, beacher honed his speaking 85 00:07:13,760 --> 00:07:17,679 Speaker 1: skills in rural Indiana for more than a decade, building 86 00:07:17,680 --> 00:07:21,200 Speaker 1: a reputation as a new kind of preacher, one who 87 00:07:21,200 --> 00:07:25,600 Speaker 1: could win over even the most hardened cynics, and soon enough, 88 00:07:26,040 --> 00:07:30,560 Speaker 1: the big time came calling. In eighteen forty seven, Beecher 89 00:07:30,680 --> 00:07:34,200 Speaker 1: was recruited to serve as the head pastor of Plymouth Church, 90 00:07:34,920 --> 00:07:39,000 Speaker 1: a new congregation in Brooklyn Heights founded by some of 91 00:07:39,160 --> 00:07:43,600 Speaker 1: New York City's most prominent businessmen. It was a Plymouth 92 00:07:43,720 --> 00:07:47,640 Speaker 1: Church that Beecher truly made a name for himself. With 93 00:07:47,760 --> 00:07:51,320 Speaker 1: the backing of the church board, he began to radically 94 00:07:51,400 --> 00:07:55,320 Speaker 1: change the nature of worship. Most Christians of the era 95 00:07:55,440 --> 00:08:00,400 Speaker 1: had grown up like Beecher had, in austere churches, but 96 00:08:00,480 --> 00:08:07,120 Speaker 1: at Plymouth Church they experienced services overflowing with music and joy. 97 00:08:08,040 --> 00:08:12,200 Speaker 1: Beacher literally redesigned the church, creating a space that looked 98 00:08:12,200 --> 00:08:15,800 Speaker 1: more like a theater and filled it with flowers every Sunday. 99 00:08:16,920 --> 00:08:20,400 Speaker 1: Drawn in by the warmth of this atmosphere, the congregation 100 00:08:20,600 --> 00:08:26,520 Speaker 1: grew rapidly, eventually boasting nearly two thousand members, making it 101 00:08:26,680 --> 00:08:32,680 Speaker 1: the largest church in America. Soon, Beecher took his talents 102 00:08:32,720 --> 00:08:37,079 Speaker 1: on the road, joining the lecture circuit. Lectures were one 103 00:08:37,120 --> 00:08:40,440 Speaker 1: of the most popular social activities of the day, and 104 00:08:40,520 --> 00:08:44,480 Speaker 1: Beecher's speaking skills made him ideal for the job. By 105 00:08:44,480 --> 00:08:47,319 Speaker 1: the mid eighteen fifties, he was lecturing up to four 106 00:08:47,360 --> 00:08:51,320 Speaker 1: times a week at venues across the country. His fame 107 00:08:51,440 --> 00:08:55,720 Speaker 1: grew even greater once he began writing a newspaper column 108 00:08:56,120 --> 00:09:01,080 Speaker 1: where he wrote boldly about current events and religion. It 109 00:09:01,120 --> 00:09:05,160 Speaker 1: didn't take long for people all over America to know 110 00:09:05,320 --> 00:09:10,600 Speaker 1: his name Henry wasn't the only famous Beacher. Many of 111 00:09:10,600 --> 00:09:14,360 Speaker 1: his siblings had become well known public figures, including his 112 00:09:14,480 --> 00:09:19,280 Speaker 1: sister Harriet, who married a man named Calvin Stowe and 113 00:09:19,400 --> 00:09:22,720 Speaker 1: made quite a name for herself with the eighteen fifty 114 00:09:22,760 --> 00:09:26,280 Speaker 1: one publication of a little novel she wrote called Uncle 115 00:09:26,440 --> 00:09:31,120 Speaker 1: Tom's Cabin. Uncle Tom's Cabin became the second best selling 116 00:09:31,160 --> 00:09:34,480 Speaker 1: book of the nineteenth century, beaten only by the Bible, 117 00:09:35,240 --> 00:09:38,600 Speaker 1: and had a profound impact on the anti slavery cause. 118 00:09:39,480 --> 00:09:44,800 Speaker 1: Henry had also gotten involved in anti slavery work. Plymouth 119 00:09:44,880 --> 00:09:48,920 Speaker 1: Church became a stop on the underground railroad, and congregants 120 00:09:49,040 --> 00:09:53,160 Speaker 1: raised money to help enslaved people by their freedom. Many 121 00:09:53,240 --> 00:09:58,360 Speaker 1: people did not like Beecher's politics, but his bold progressive 122 00:09:58,440 --> 00:10:07,920 Speaker 1: stances raised his public profile even higher. There was something 123 00:10:08,240 --> 00:10:12,600 Speaker 1: very modern about Beecher's fame. Many people didn't just see 124 00:10:12,640 --> 00:10:17,520 Speaker 1: him as a public figure, they saw him as a friend. Today, 125 00:10:17,720 --> 00:10:22,520 Speaker 1: we might call this dynamic a parasocial relationship. Donald Horton 126 00:10:22,679 --> 00:10:26,960 Speaker 1: and Richard Woll, who coined the term parasocial relationship in 127 00:10:27,040 --> 00:10:31,800 Speaker 1: nineteen fifty six, wrote one of the striking characteristics of 128 00:10:31,840 --> 00:10:36,720 Speaker 1: the new mass media radio, television and the movies is 129 00:10:36,760 --> 00:10:39,760 Speaker 1: that they give the illusion of a face to face 130 00:10:39,880 --> 00:10:44,800 Speaker 1: relationship with the performer. The most remote and illustrious men 131 00:10:45,360 --> 00:10:48,120 Speaker 1: are met as if they were in the circle of 132 00:10:48,200 --> 00:10:53,920 Speaker 1: one's peers. Mass media in the nineteenth century, including newspapers 133 00:10:53,920 --> 00:10:59,599 Speaker 1: in photographs, served a similar purpose. People all over America, 134 00:11:00,160 --> 00:11:03,600 Speaker 1: wanting a small piece of their idol, begged Beecher for 135 00:11:03,640 --> 00:11:08,640 Speaker 1: a copy of his photographic portrait, and Beecher sent out hundreds. 136 00:11:09,760 --> 00:11:15,640 Speaker 1: Beecher's particular brand of vulnerability and generosity made him especially relatable. 137 00:11:16,400 --> 00:11:20,400 Speaker 1: Unlike preachers of the previous generation, he never mocked people 138 00:11:20,440 --> 00:11:25,600 Speaker 1: for their doubts. Instead, he boldly proclaimed his own, as 139 00:11:25,640 --> 00:11:31,520 Speaker 1: biographer Thomas Knox put it end quote painted in vivid colors, 140 00:11:31,559 --> 00:11:35,680 Speaker 1: the unhappiness of his thoughts, the terror of his fear, 141 00:11:36,400 --> 00:11:40,640 Speaker 1: and produced in their minds the impression that Beecher and 142 00:11:40,720 --> 00:11:46,040 Speaker 1: they were one and the same. Debbie Applegate describes his 143 00:11:46,160 --> 00:11:50,679 Speaker 1: fans as having a quote soul affinity for him, and 144 00:11:50,760 --> 00:11:55,360 Speaker 1: their obsession made even the most mundane details of Beecher's 145 00:11:55,440 --> 00:12:00,720 Speaker 1: life precious information. In an eighteen fifty nine column, Beecher 146 00:12:00,760 --> 00:12:04,480 Speaker 1: wrote with annoyed amazement about the life of a public 147 00:12:04,520 --> 00:12:10,080 Speaker 1: figure noting that quote. What you do or say, or 148 00:12:10,240 --> 00:12:13,840 Speaker 1: do not do or say, what you wear, where you go, 149 00:12:14,200 --> 00:12:16,840 Speaker 1: with whom you walk, when you get up, and when 150 00:12:16,880 --> 00:12:22,560 Speaker 1: you lie down, all are diligently observed and reported. In 151 00:12:22,640 --> 00:12:26,880 Speaker 1: other words, he was a nineteenth century influencer. Henry Ward 152 00:12:26,920 --> 00:12:31,880 Speaker 1: Beecher felt like America's friend, and America was always eager 153 00:12:32,000 --> 00:12:35,839 Speaker 1: to see what their friend would do next. Even those 154 00:12:35,880 --> 00:12:40,160 Speaker 1: who knew Beecher personally engaged in a kind of hero worship. 155 00:12:41,000 --> 00:12:46,319 Speaker 1: He cultivated an inner circle at Plymouth Church, filled with ambitious, intelligent, 156 00:12:46,720 --> 00:12:49,600 Speaker 1: and successful young men and women who hung on his 157 00:12:49,840 --> 00:12:54,280 Speaker 1: every word. The unofficial president of this fan club was 158 00:12:54,400 --> 00:13:00,840 Speaker 1: Theodore Tilton. Tilton, an ambitious young man twenty years Beacher's junior, 159 00:13:01,360 --> 00:13:04,760 Speaker 1: had been hired to help the preacher with his newspaper column. 160 00:13:05,240 --> 00:13:09,640 Speaker 1: He spent his days immersed in Beecher's sermons, culling quotes 161 00:13:09,679 --> 00:13:13,559 Speaker 1: that could be refashioned into articles in case Beecher midst 162 00:13:13,559 --> 00:13:18,440 Speaker 1: a deadline, which he regularly did, and growing ever more 163 00:13:18,480 --> 00:13:23,680 Speaker 1: in thrall of his charismatic hero mister Beecher, Tilton remembered, 164 00:13:24,040 --> 00:13:28,160 Speaker 1: was my man of all men. The two men became 165 00:13:28,280 --> 00:13:32,640 Speaker 1: extremely close referring to one another as father and son. 166 00:13:33,679 --> 00:13:38,680 Speaker 1: In eighteen fifty five, Beacher officiated Tilton's marriage to Elizabeth Richards, 167 00:13:38,920 --> 00:13:43,480 Speaker 1: a bright, deeply pious woman. By this point, Tilton had 168 00:13:43,520 --> 00:13:47,160 Speaker 1: even started dressing like Beecher, growing his hair out to 169 00:13:47,200 --> 00:13:51,319 Speaker 1: his shoulders and adopting a beecher esque cloak and slouchy 170 00:13:51,400 --> 00:13:55,080 Speaker 1: wide brim hat. But there's a downside to this kind 171 00:13:55,080 --> 00:13:59,440 Speaker 1: of hero worship too. Even Henry Ward Beecher wasn't perfect, 172 00:14:00,520 --> 00:14:14,679 Speaker 1: and the higher the pedestal, the greater the fall. By 173 00:14:14,720 --> 00:14:19,200 Speaker 1: the mid eighteen sixties, the relationship between Theodore Tilton and 174 00:14:19,280 --> 00:14:23,760 Speaker 1: Henry Ward Beecher had started to fray. Some of the 175 00:14:23,840 --> 00:14:28,560 Speaker 1: tension was political. After the Civil War, the Republican Party, 176 00:14:28,960 --> 00:14:32,480 Speaker 1: which had led the charge to end slavery, split over 177 00:14:32,560 --> 00:14:38,760 Speaker 1: how to approach reconstruction. Some Republicans, including Theodore Tilton, advocated 178 00:14:38,800 --> 00:14:43,360 Speaker 1: for temporary federal control of Southern States, complete equality for 179 00:14:43,440 --> 00:14:48,600 Speaker 1: black people, and punishment for former Confederates. Others, like Henry 180 00:14:48,640 --> 00:14:53,720 Speaker 1: Ward Beecher and President Andrew Johnson, preached forgiveness and reconciliation 181 00:14:53,920 --> 00:14:59,560 Speaker 1: with former Confederates. Beecher was an enthusiastic supporter of President Johnson, 182 00:15:00,120 --> 00:15:04,800 Speaker 1: which struck friends as strange. Beecher had spent years preaching 183 00:15:04,880 --> 00:15:10,200 Speaker 1: and slavery, while Johnson, a former slave owner, regularly vetoed 184 00:15:10,240 --> 00:15:15,560 Speaker 1: civil rights legislation. Beecher's changing politics rubbed many colleagues the 185 00:15:15,600 --> 00:15:19,640 Speaker 1: wrong way, but few more so than Tilton. In the 186 00:15:19,640 --> 00:15:23,200 Speaker 1: winter of eighteen sixty six, a visitor to the Tilton 187 00:15:23,240 --> 00:15:26,880 Speaker 1: house noticed that their plaster bust of Beecher had been 188 00:15:26,960 --> 00:15:32,120 Speaker 1: turned to face the wall. When asked why, Elizabeth Tilton replied, 189 00:15:32,360 --> 00:15:36,720 Speaker 1: quote Theodore says that our pastor has proved himself a 190 00:15:36,840 --> 00:15:41,600 Speaker 1: traitor to the Republican party. There were also professional tensions 191 00:15:41,640 --> 00:15:45,720 Speaker 1: between the two men. In January of eighteen sixty two, 192 00:15:46,360 --> 00:15:49,400 Speaker 1: Beecher had been made editor in chief of The Independent, 193 00:15:50,000 --> 00:15:54,360 Speaker 1: a popular newspaper run by a Plymouth church founder. Beecher 194 00:15:54,440 --> 00:15:57,840 Speaker 1: agreed to take the position on the condition that Tilton 195 00:15:57,920 --> 00:16:02,320 Speaker 1: became assistant editor, which may seem like a compliment to Tilton, 196 00:16:03,160 --> 00:16:06,480 Speaker 1: but in reality meant that Tilton would do all of 197 00:16:06,560 --> 00:16:10,720 Speaker 1: the work while Beecher got the credit. Tilton was gaining 198 00:16:10,720 --> 00:16:14,160 Speaker 1: a reputation for himself in other arenas. He was a 199 00:16:14,200 --> 00:16:19,320 Speaker 1: passionate lecturer, a courageous thinker, and an outspoken advocate for 200 00:16:19,400 --> 00:16:23,560 Speaker 1: political reform, but he always seemed to play second fiddle 201 00:16:23,600 --> 00:16:27,560 Speaker 1: to Beecher. As I grew older and mingled with the 202 00:16:27,600 --> 00:16:32,520 Speaker 1: world and saw other men, Tilton later said, the fine 203 00:16:32,680 --> 00:16:37,360 Speaker 1: gold of my idol gradually became dim and there was 204 00:16:37,400 --> 00:16:48,040 Speaker 1: something else simmering too, something more personal. In November of 205 00:16:48,120 --> 00:16:51,960 Speaker 1: eighteen sixty six, Tilton had gone on a four month 206 00:16:52,080 --> 00:16:57,280 Speaker 1: lecture tour, leaving his family behind. Despite the growing distance 207 00:16:57,320 --> 00:17:01,240 Speaker 1: between himself and Beecher, Tilton had asked the preacher to 208 00:17:01,360 --> 00:17:05,080 Speaker 1: check in on his family in his absence. Beecher took 209 00:17:05,160 --> 00:17:09,359 Speaker 1: to visiting Elizabeth Tilton, regularly consulting with her on his 210 00:17:09,520 --> 00:17:13,320 Speaker 1: novel in progress and bringing small gifts for the couple's 211 00:17:13,359 --> 00:17:18,720 Speaker 1: young children. Elizabeth wrote Tilton glowing letters about Beecher's friendship. 212 00:17:19,520 --> 00:17:24,760 Speaker 1: Tilton bristled. I think she regarded mister Beecher. Tilton would 213 00:17:24,800 --> 00:17:30,760 Speaker 1: later say, almost as though Jesus Christ himself had walked in. Plymouth. 214 00:17:30,840 --> 00:17:34,640 Speaker 1: Church was aware of the strained relationship between Beecher and Tilton, 215 00:17:35,200 --> 00:17:38,440 Speaker 1: but it seemed like a private matter, at least for now. 216 00:17:44,240 --> 00:17:48,800 Speaker 1: In eighteen seventy two, this private drama exploded into the 217 00:17:48,800 --> 00:17:54,399 Speaker 1: public eye thanks to the infamous suffragist, spiritualist, and first 218 00:17:54,480 --> 00:17:59,640 Speaker 1: female candidate for president, Victoria Woodhull. Woodhull was a good 219 00:17:59,640 --> 00:18:04,160 Speaker 1: friend of one of Beecher's sisters, the prominent suffragist Isabella 220 00:18:04,240 --> 00:18:08,159 Speaker 1: Beecher Hooker, but most others in the women's suffrage movement 221 00:18:08,440 --> 00:18:12,439 Speaker 1: kept their distance from Woodhull because of her radical positions, 222 00:18:13,320 --> 00:18:19,240 Speaker 1: including her advocacy of free love. Here's Woodhull herself summarizing 223 00:18:19,280 --> 00:18:23,920 Speaker 1: the political philosophy of free love. I am a free lover. 224 00:18:24,880 --> 00:18:29,920 Speaker 1: I have an inalienable, constitutional, and natural right to love 225 00:18:30,080 --> 00:18:33,119 Speaker 1: whom I may to love as long or as short 226 00:18:33,200 --> 00:18:36,479 Speaker 1: a period as I can, to change that love every 227 00:18:36,560 --> 00:18:40,119 Speaker 1: day if I please, And with that right, neither you 228 00:18:40,640 --> 00:18:44,320 Speaker 1: nor any law you can frame have any right to interfere. 229 00:18:45,359 --> 00:18:49,240 Speaker 1: This support for sexual freedom and non monogamy might not 230 00:18:49,359 --> 00:18:53,760 Speaker 1: sound particularly wild now, but for the eighteen seventies, it 231 00:18:53,880 --> 00:18:59,919 Speaker 1: was deeply shocking. When Woodhull announced her revolutionary presidential candidacy 232 00:19:00,080 --> 00:19:03,800 Speaker 1: in eighteen seventy, she hoped that her friendship with Isabella 233 00:19:03,840 --> 00:19:07,439 Speaker 1: Beecher Hooker would draw Henry Ward Beecher into her camp, 234 00:19:07,920 --> 00:19:11,719 Speaker 1: but he kept away. Even for a progressive like Beecher, 235 00:19:12,119 --> 00:19:15,159 Speaker 1: who believed that joy and pleasure were gifts from God, 236 00:19:15,920 --> 00:19:21,080 Speaker 1: free love was a step too far. Woodhull was furious 237 00:19:21,160 --> 00:19:24,240 Speaker 1: at his lack of support, especially because she saw it 238 00:19:24,280 --> 00:19:30,840 Speaker 1: as hypocritical. Hypocritical how in a September eighteen seventy two speech, 239 00:19:31,320 --> 00:19:34,920 Speaker 1: she hinted at her meaning, alleging that Beecher was a 240 00:19:34,960 --> 00:19:40,000 Speaker 1: free lover himself. The speech coincided with Beecher's twenty fifth 241 00:19:40,080 --> 00:19:44,840 Speaker 1: anniversary celebration at Plymouth Church, which got considerably more attention 242 00:19:44,920 --> 00:19:50,840 Speaker 1: than Woodhole's speech. Annoyed, she doubled down, saying, I will 243 00:19:50,920 --> 00:19:54,320 Speaker 1: make it hotter on Earth for Henry Ward Beecher than 244 00:19:54,480 --> 00:19:59,199 Speaker 1: hell is below. She began writing an article set to 245 00:19:59,200 --> 00:20:02,840 Speaker 1: be published in her her own weekly magazine, an article 246 00:20:02,920 --> 00:20:08,520 Speaker 1: that she claimed would quote burst like a bombshell into 247 00:20:08,560 --> 00:20:13,840 Speaker 1: the ranks of the moralistic social camp, and boy did it. Ever. 248 00:20:15,240 --> 00:20:19,800 Speaker 1: Within days of its October eighteen seventy two publication, one 249 00:20:19,920 --> 00:20:23,879 Speaker 1: hundred and fifty thousand copies of the magazine were sold. 250 00:20:24,840 --> 00:20:29,320 Speaker 1: New Yorkers could not believe what they were reading. In 251 00:20:29,359 --> 00:20:35,399 Speaker 1: the article, titled the Beecher Tilton Scandal Case, Woodhull alleged 252 00:20:35,560 --> 00:20:40,080 Speaker 1: that Henry Ward Beecher had had an extramarital affair with 253 00:20:40,160 --> 00:20:45,280 Speaker 1: Elizabeth Tilton. Her sources, she claimed, were Beecher and the 254 00:20:45,400 --> 00:20:49,760 Speaker 1: Tiltons themselves, as well as some of the most prominent 255 00:20:49,800 --> 00:20:54,520 Speaker 1: political figures of the day, including the suffragist Elizabeth Katie Stanton. 256 00:20:55,359 --> 00:20:59,800 Speaker 1: Her motivation in revealing the affair, Woodhull claimed was not 257 00:21:00,040 --> 00:21:04,840 Speaker 1: personal spite, but rather political passion. By revealing that the 258 00:21:04,840 --> 00:21:08,600 Speaker 1: most famous preacher in America was in fact a practitioner 259 00:21:08,640 --> 00:21:11,760 Speaker 1: of free love, she hoped she could get Beecher to 260 00:21:11,880 --> 00:21:15,600 Speaker 1: preach what he practiced. Sure, but most of the people 261 00:21:15,640 --> 00:21:18,359 Speaker 1: who read the article could not have cared less about 262 00:21:18,400 --> 00:21:23,119 Speaker 1: the politics. All they cared about were the dirty details. 263 00:21:23,760 --> 00:21:29,040 Speaker 1: Henry Ward Beecher had had an affair with the wife 264 00:21:29,080 --> 00:21:34,239 Speaker 1: of his protege. And what's more, the article claimed that 265 00:21:34,359 --> 00:21:39,000 Speaker 1: Theodore Tilton had learned of the affair from his wife 266 00:21:39,040 --> 00:21:43,919 Speaker 1: five years earlier, and that the Tiltons and Beascher, aided 267 00:21:43,960 --> 00:21:47,440 Speaker 1: by a mutual friend of theirs named Frank Moulden, had 268 00:21:47,480 --> 00:21:51,119 Speaker 1: engaged in a cover up so that they could preserve 269 00:21:51,160 --> 00:21:56,600 Speaker 1: their public reputations. It was nearly unbelievable, but more facts 270 00:21:56,680 --> 00:22:00,760 Speaker 1: kept emerging in December, Tilton really, at least his own 271 00:22:00,880 --> 00:22:07,440 Speaker 1: version of the story. Papers across the country posted breathless updates. Suspiciously, 272 00:22:08,200 --> 00:22:18,359 Speaker 1: Beecher did not immediately deny the story. It wasn't until 273 00:22:18,480 --> 00:22:23,160 Speaker 1: nearly seven months later that Beacher finally spoke out, writing 274 00:22:23,200 --> 00:22:26,880 Speaker 1: in the Brooklyn Eagle, that the story was entirely false. 275 00:22:27,560 --> 00:22:32,960 Speaker 1: The country went wild, and Plymouth Church decided that they 276 00:22:33,080 --> 00:22:37,000 Speaker 1: needed to get control of the story, commissioning an in 277 00:22:37,160 --> 00:22:41,760 Speaker 1: house investigative committee to look into the case. To Theodore Tilton, 278 00:22:42,119 --> 00:22:46,360 Speaker 1: the investigative committee seemed to be more interested in silencing 279 00:22:46,440 --> 00:22:50,720 Speaker 1: him than finding the truth, and his suspicions were confirmed 280 00:22:51,320 --> 00:22:54,760 Speaker 1: when the church voted to excommunicate him in October of 281 00:22:54,800 --> 00:22:59,760 Speaker 1: eighteen seventy three. Tilton called for an independent investigation of 282 00:22:59,800 --> 00:23:05,760 Speaker 1: his excommunication, but this investigation, conducted by local churches, also 283 00:23:05,880 --> 00:23:09,480 Speaker 1: seem inclined to protect their star preacher and only lightly 284 00:23:09,520 --> 00:23:17,080 Speaker 1: censored Plymouth's practices. Tilton fumed then, to add insult to injury, 285 00:23:17,680 --> 00:23:23,440 Speaker 1: Beecher's friends went on the attack. Another Brooklyn preacher, Leonard Bacon, 286 00:23:24,000 --> 00:23:27,560 Speaker 1: gave a public speech where he called Tilton a knave 287 00:23:27,920 --> 00:23:33,800 Speaker 1: and a dog. Tilton's fury boiled over, and he published 288 00:23:33,960 --> 00:23:39,000 Speaker 1: several seemingly incriminating letters between himself, Beecher, and Elizabeth in 289 00:23:39,040 --> 00:23:43,679 Speaker 1: the paper, in which Beecher begged for Theodore Tilton's forgiveness 290 00:23:43,680 --> 00:23:49,080 Speaker 1: for an unspecified crime. Elizabeth Tilton, too had reached a 291 00:23:49,080 --> 00:23:52,920 Speaker 1: breaking point. She was sick of having her private life 292 00:23:52,960 --> 00:23:57,520 Speaker 1: splashed across the newspapers. She wanted to tell her story, 293 00:23:58,400 --> 00:24:02,960 Speaker 1: not just be a quote nonentity, a placing to be 294 00:24:03,200 --> 00:24:06,520 Speaker 1: used or let alone at will, As she told her brother, 295 00:24:07,440 --> 00:24:11,400 Speaker 1: She had her chance that summer, when Plymouth Church convened 296 00:24:11,480 --> 00:24:16,680 Speaker 1: yet another investigative committee. Testifying in a friend's home, Elizabeth 297 00:24:16,880 --> 00:24:20,919 Speaker 1: vehemently denied the affair. She had only confessed to it, 298 00:24:21,119 --> 00:24:25,160 Speaker 1: she said, because of her husband's constant harassment and abuse. 299 00:24:26,040 --> 00:24:30,240 Speaker 1: Theodore had been so convinced of the affair that Elizabeth 300 00:24:30,280 --> 00:24:33,160 Speaker 1: eventually felt it was just easier to give in and 301 00:24:33,400 --> 00:24:36,959 Speaker 1: tell him what he wanted to hear. She described her 302 00:24:37,040 --> 00:24:42,320 Speaker 1: husband as a vindictive pettyman who was so jealous of 303 00:24:42,359 --> 00:24:48,200 Speaker 1: Beecher's success that quote the determination to ruin mister Beecher 304 00:24:48,600 --> 00:24:52,280 Speaker 1: has been the one aim of his life. Less than 305 00:24:52,320 --> 00:24:56,040 Speaker 1: a week after this testimony, she told Tilton that their 306 00:24:56,119 --> 00:25:01,600 Speaker 1: marriage was over. Now a whole new side of the 307 00:25:01,640 --> 00:25:06,760 Speaker 1: story was inferling. Elizabeth wasn't the only one questioning Tilton's credibility. 308 00:25:07,720 --> 00:25:11,680 Speaker 1: Many wondered if Tilton's sudden willingness to discuss the alleged 309 00:25:11,680 --> 00:25:15,680 Speaker 1: affair after nearly five years of helping cover up the story, 310 00:25:16,520 --> 00:25:21,200 Speaker 1: stemmed from his jealousy of Beecher. Though Beecher had squandered 311 00:25:21,240 --> 00:25:25,119 Speaker 1: some popular goodwill with his controversial positions after the war, 312 00:25:25,640 --> 00:25:27,679 Speaker 1: his star had again been on the rise in the 313 00:25:27,720 --> 00:25:31,800 Speaker 1: eighteen seventies. He was raking in money from appearances and 314 00:25:31,880 --> 00:25:36,600 Speaker 1: publishing contracts. The greatest men in the country consulted him 315 00:25:36,600 --> 00:25:40,159 Speaker 1: on personal and political matters. People stopped him in the 316 00:25:40,200 --> 00:25:44,639 Speaker 1: street to express their admiration. Theodore Tilton, on the other hand, 317 00:25:45,240 --> 00:25:50,080 Speaker 1: had been in a year's long downward spiral. His poetry 318 00:25:50,280 --> 00:25:54,800 Speaker 1: was panned by critics, his lecture fees barely covered his expenses, 319 00:25:55,280 --> 00:25:59,400 Speaker 1: and his reputation was in tatters. He would do anything 320 00:25:59,440 --> 00:26:04,800 Speaker 1: for attention, Some said, could his accusations be just another ploy? 321 00:26:05,920 --> 00:26:10,800 Speaker 1: All across America, people clamored to know the truth. They 322 00:26:10,840 --> 00:26:14,320 Speaker 1: were tired of the story trickling out in newspapers of 323 00:26:14,400 --> 00:26:18,760 Speaker 1: living off the scraps of a scandal. They were unsatisfied 324 00:26:18,800 --> 00:26:23,639 Speaker 1: by the private investigations and behind the scenes verdicts. They 325 00:26:23,680 --> 00:26:28,280 Speaker 1: will insist upind the Albany Evening Journal for hearing to 326 00:26:28,359 --> 00:26:32,800 Speaker 1: take place in quote the full eye of the public, 327 00:26:33,800 --> 00:26:38,520 Speaker 1: and they were about to get their wish. On August nineteenth, 328 00:26:38,960 --> 00:26:44,080 Speaker 1: eighteen seventy four, Theodore Tilton commissioned the firm of Morris 329 00:26:44,119 --> 00:26:48,720 Speaker 1: and Pearsall to draft a civil complaint against Beecher, alleging 330 00:26:48,760 --> 00:26:53,080 Speaker 1: that Beecher had quote alienated the affection of his wife, 331 00:26:53,720 --> 00:26:57,080 Speaker 1: causing personal and professional damages to the tune of one 332 00:26:57,200 --> 00:27:02,520 Speaker 1: hundred thousand dollars. On us August twentieth, Tilton swore to 333 00:27:02,560 --> 00:27:05,119 Speaker 1: the truth of the complaint at the Brooklyn City Court. 334 00:27:05,760 --> 00:27:11,360 Speaker 1: A trial date was set five months. Hence Theodore Tilton 335 00:27:11,560 --> 00:27:15,679 Speaker 1: and Henry Ward Beecher would face off in court in 336 00:27:15,760 --> 00:27:27,960 Speaker 1: the bloodiest battle of their combative careers. January eleventh, eighteen 337 00:27:28,200 --> 00:27:33,200 Speaker 1: seventy five, donned cold and glittering, but the weather seemed 338 00:27:33,200 --> 00:27:36,200 Speaker 1: to have no effect on the throngs of people gathered 339 00:27:36,240 --> 00:27:40,720 Speaker 1: outside Brooklyn City Court. They rubbed their hands for warmth, 340 00:27:41,400 --> 00:27:45,520 Speaker 1: puffed out steaming breaths and haggled over tickets to the 341 00:27:45,600 --> 00:27:50,720 Speaker 1: season's hottest event, the Beecher Tilton trial. Only those with 342 00:27:50,840 --> 00:27:53,879 Speaker 1: tickets would be admitted to the courtroom, and the price 343 00:27:54,000 --> 00:27:58,760 Speaker 1: reflected the demand. Tickets went for as much as ten dollars, 344 00:27:59,320 --> 00:28:02,800 Speaker 1: four times the average daily wage of an American worker 345 00:28:03,680 --> 00:28:07,200 Speaker 1: by a quarter to eleven. Those lucky enough to secure 346 00:28:07,200 --> 00:28:10,959 Speaker 1: a spot had filed into the courtroom alongside a bevy 347 00:28:10,960 --> 00:28:14,879 Speaker 1: of reporters. The plaintiffts table was just as packed as 348 00:28:14,920 --> 00:28:18,960 Speaker 1: the courtroom filled to bursting with Theodore Tilton, his friend 349 00:28:19,040 --> 00:28:24,960 Speaker 1: Frank Moulton, and three of Tilton's five lawyers. Beecher's legal 350 00:28:25,000 --> 00:28:29,280 Speaker 1: team was even bigger, consisting of seven men, but on 351 00:28:29,359 --> 00:28:33,119 Speaker 1: this the first day, only one lawyer was seated at 352 00:28:33,119 --> 00:28:37,520 Speaker 1: the defense table. As the eleven o'clock hour approached, the 353 00:28:37,560 --> 00:28:41,560 Speaker 1: courtroom door swung open and the crowd turned to see 354 00:28:41,680 --> 00:28:46,840 Speaker 1: Henry Ward Beecher walk in, accompanied to their surprise by 355 00:28:46,880 --> 00:28:52,840 Speaker 1: his wife. Like many wives past and present, Eunice Beecher 356 00:28:52,920 --> 00:28:56,880 Speaker 1: had made the choice to stand by her man. She 357 00:28:57,000 --> 00:29:00,920 Speaker 1: would attend nearly every day of the trial, keeping her 358 00:29:00,960 --> 00:29:06,360 Speaker 1: face impassive as witnesses discussed intimate details of her marriage. 359 00:29:06,440 --> 00:29:12,000 Speaker 1: At first, many observers found her presence disturbing. Surely, they said, 360 00:29:12,200 --> 00:29:15,200 Speaker 1: her place was at home, sheltered in the bosom of 361 00:29:15,240 --> 00:29:19,560 Speaker 1: her family and friends. But eventually they came to admire 362 00:29:19,720 --> 00:29:23,400 Speaker 1: her dignity and strength, which only lent credibility to her 363 00:29:23,480 --> 00:29:28,720 Speaker 1: husband's case, just as more cynical commentators would say, as 364 00:29:28,720 --> 00:29:32,960 Speaker 1: the defense team had planned it. Before the trial could start, 365 00:29:33,600 --> 00:29:38,080 Speaker 1: the lawyers had one concern. The courtroom was so crowded 366 00:29:38,280 --> 00:29:41,040 Speaker 1: that they barely had enough room to make their arguments. 367 00:29:41,960 --> 00:29:45,880 Speaker 1: They especially objected to the allocation of space to the press, 368 00:29:46,600 --> 00:29:50,120 Speaker 1: who had been given more space than the lawyers themselves. 369 00:29:50,760 --> 00:29:54,560 Speaker 1: In a symbolic illustration of the public's obsession with the case, 370 00:29:55,400 --> 00:29:59,280 Speaker 1: the judge agreed to a rearrangement of the courtroom. Once 371 00:29:59,320 --> 00:30:03,640 Speaker 1: this was done, the real business could begin. Samuel D. Morris, 372 00:30:03,840 --> 00:30:08,280 Speaker 1: attorney for Theodore Tilton, approached the jury box and started 373 00:30:08,320 --> 00:30:12,960 Speaker 1: his opening argument. Because so many facts of the scandal 374 00:30:13,040 --> 00:30:16,600 Speaker 1: were already known to the public, neither side planned to 375 00:30:16,680 --> 00:30:20,280 Speaker 1: introduce much in the way of new evidence. And I'll 376 00:30:20,280 --> 00:30:23,280 Speaker 1: take a moment to note here that because so much 377 00:30:23,280 --> 00:30:28,960 Speaker 1: of the trial testimony was repetitive exhausting and ambiguous. I'm 378 00:30:28,960 --> 00:30:31,200 Speaker 1: not going to go too much into the details of 379 00:30:31,240 --> 00:30:35,480 Speaker 1: each witness. Instead, I'm going to focus on the competing 380 00:30:35,760 --> 00:30:40,160 Speaker 1: stories of the plaintiff and the defense. As Debbie Applegate 381 00:30:40,200 --> 00:30:44,720 Speaker 1: puts it, more than with most trials, the verdict here 382 00:30:44,920 --> 00:30:49,960 Speaker 1: would depend largely on which side spun the evidence into 383 00:30:49,960 --> 00:30:54,520 Speaker 1: the most believable story. Morris's opening was the first chance 384 00:30:54,600 --> 00:31:06,800 Speaker 1: for Tilton's side to spin their story, and spin he did. 385 00:31:08,360 --> 00:31:11,240 Speaker 1: What Morris hoped to establish in his argument were the 386 00:31:11,400 --> 00:31:15,000 Speaker 1: stakes of the trial, stakes that went far beyond a 387 00:31:15,040 --> 00:31:19,480 Speaker 1: simple love affair. This is no ordinary case that now 388 00:31:19,520 --> 00:31:22,880 Speaker 1: engages the attention of this court and the attention of 389 00:31:22,920 --> 00:31:26,680 Speaker 1: the entire community, he said. It is a trial the 390 00:31:26,680 --> 00:31:31,400 Speaker 1: consequences of which reached to the very foundations of society, 391 00:31:31,920 --> 00:31:35,920 Speaker 1: the home, the marriage, relation with all that is dear 392 00:31:36,000 --> 00:31:40,640 Speaker 1: in that relation is upon trial in this case. Upon 393 00:31:40,760 --> 00:31:43,640 Speaker 1: the result of your verdict, to a very large extent, 394 00:31:43,760 --> 00:31:51,760 Speaker 1: also will depend the integrity of the Christian religion. Hyperbolic, absolutely, 395 00:31:52,600 --> 00:31:55,880 Speaker 1: but Morris's description wasn't far off from the feelings of 396 00:31:55,880 --> 00:31:59,920 Speaker 1: the public. America in the years after the Civil War 397 00:32:00,400 --> 00:32:05,480 Speaker 1: was a lost country, ravaged by violence, Devastated by death 398 00:32:05,720 --> 00:32:09,960 Speaker 1: and reeling in the face of radical social and political change, 399 00:32:10,440 --> 00:32:14,760 Speaker 1: Americans were desperate for something to cling on to. Henry 400 00:32:14,800 --> 00:32:19,240 Speaker 1: Ward Beecher, with his warm and welcoming ways, his gospel 401 00:32:19,320 --> 00:32:23,720 Speaker 1: of love, his preaching of acceptance, was just such a 402 00:32:23,760 --> 00:32:28,200 Speaker 1: port in the storm. This trial forced Americans to ask 403 00:32:28,280 --> 00:32:32,680 Speaker 1: if this man, their hero, was just as corrupt as 404 00:32:32,720 --> 00:32:36,080 Speaker 1: the rest of the country, And if he was, what 405 00:32:36,120 --> 00:32:40,600 Speaker 1: did that mean if you fall? Wrote a man named 406 00:32:40,680 --> 00:32:43,360 Speaker 1: Jo Smith in a letter to Beecher during the trial, 407 00:32:44,120 --> 00:32:48,440 Speaker 1: no more humanity for me if you should prove guilty 408 00:32:48,440 --> 00:32:51,600 Speaker 1: of the charges made against you, I should never place 409 00:32:51,680 --> 00:32:56,720 Speaker 1: confidence in any mortal being. Tilton's lawyers knew that much 410 00:32:56,760 --> 00:33:00,640 Speaker 1: of America, just like that letter writer, did not want 411 00:33:00,760 --> 00:33:03,920 Speaker 1: Beecher to be guilty. By laying out the stakes in 412 00:33:03,960 --> 00:33:07,160 Speaker 1: the way he did, Morris hoped he could convince the 413 00:33:07,240 --> 00:33:12,200 Speaker 1: jurors that finding against Beecher would only strengthen their political 414 00:33:12,240 --> 00:33:16,360 Speaker 1: and religious institutions. He was appealing to those who saw 415 00:33:16,440 --> 00:33:21,040 Speaker 1: Beecher's Gospel of Love as a slippery slope towards heathenism 416 00:33:21,400 --> 00:33:26,760 Speaker 1: and hedonism. To make his case, Morris used Beecher's own 417 00:33:26,840 --> 00:33:31,240 Speaker 1: words against him beginning with a particularly damning letter that 418 00:33:31,280 --> 00:33:35,920 Speaker 1: Beecher had sent to Tilton in January of eighteen seventy one. 419 00:33:35,960 --> 00:33:38,200 Speaker 1: This letter had come to be known in the press 420 00:33:38,320 --> 00:33:42,600 Speaker 1: as the Letter of Contrition. In it, Beecher begged for 421 00:33:42,680 --> 00:33:48,520 Speaker 1: Tilton's forgiveness for an unspecified transgression, writing I humble myself 422 00:33:48,520 --> 00:33:52,800 Speaker 1: before him as I do before my God. Morris hammered 423 00:33:52,880 --> 00:33:55,480 Speaker 1: in on Beecher's language with a level of sass that 424 00:33:55,560 --> 00:33:59,800 Speaker 1: I absolutely love, saying, a man comes to you and 425 00:34:00,120 --> 00:34:04,520 Speaker 1: accuses you falsely of an infamous crime, and the next 426 00:34:04,560 --> 00:34:09,320 Speaker 1: communication you have with him, you say, I humble myself 427 00:34:09,360 --> 00:34:13,759 Speaker 1: before you as I do before my God. Gentlemen, it 428 00:34:13,880 --> 00:34:16,880 Speaker 1: is a nonsense to argue that point, and I shall 429 00:34:16,880 --> 00:34:25,200 Speaker 1: not pursue it further. This certainly didn't bode well for Beecher, 430 00:34:25,760 --> 00:34:30,080 Speaker 1: but as Morris himself acknowledged, the plaintiff's case was almost 431 00:34:30,280 --> 00:34:33,960 Speaker 1: entirely based on vague letters like this. That is to say, 432 00:34:34,280 --> 00:34:38,040 Speaker 1: it was circumstantial. There was a natural reason for this, 433 00:34:38,239 --> 00:34:43,240 Speaker 1: of course, adultery, as Morris put it, is a crime 434 00:34:43,360 --> 00:34:46,880 Speaker 1: of darkness and of secrecy. It was a crime committed 435 00:34:46,920 --> 00:34:51,560 Speaker 1: out of sight. So unless one got very lucky or unlucky, 436 00:34:51,680 --> 00:34:54,799 Speaker 1: depending on your point of view, and happened to catch 437 00:34:54,840 --> 00:34:59,160 Speaker 1: their cheating spouse in the act, all while accompanied by say, 438 00:34:59,440 --> 00:35:03,120 Speaker 1: fifteen unimpeachable nuns who could testify to what they'd seen. 439 00:35:03,960 --> 00:35:07,240 Speaker 1: Any trial would have to depend on more sketchy evidence. 440 00:35:08,040 --> 00:35:12,400 Speaker 1: A judgment would have to rely on individuals subjective and 441 00:35:12,560 --> 00:35:18,320 Speaker 1: often highly differing interpretation of words and actions. And indeed, 442 00:35:18,560 --> 00:35:22,400 Speaker 1: that's exactly how the Beecher trial played out. Though the 443 00:35:22,480 --> 00:35:26,600 Speaker 1: defense and plaintiff teams would each question dozens of witnesses 444 00:35:27,239 --> 00:35:30,960 Speaker 1: one hundred and eleven in total over the course of 445 00:35:31,000 --> 00:35:35,600 Speaker 1: the next six months, the verdict would ultimately come down 446 00:35:36,080 --> 00:35:46,759 Speaker 1: to who the jurors believed more. Beecher's lawyers hoped that 447 00:35:46,840 --> 00:35:50,240 Speaker 1: the question of credibility would be decided in his favor, 448 00:35:51,000 --> 00:35:54,200 Speaker 1: a theme that lawyer Benjamin Tracy hit on in his 449 00:35:54,239 --> 00:35:58,680 Speaker 1: defense opening. Tracy began by laying out just why the 450 00:35:58,800 --> 00:36:02,799 Speaker 1: jurors should trust Beacher's account, saying that he would have 451 00:36:02,960 --> 00:36:07,520 Speaker 1: no trouble getting quote, thousands upon thousands of witnesses to 452 00:36:07,600 --> 00:36:12,080 Speaker 1: testify to Beacher's character. While he rejected Morris's idea that 453 00:36:12,120 --> 00:36:15,920 Speaker 1: the fate of American Christianity rested on the verdict. Tracy 454 00:36:16,120 --> 00:36:20,719 Speaker 1: wasn't shy about comparing his client to Christ himself, describing 455 00:36:20,840 --> 00:36:24,520 Speaker 1: Beecher's suffering at Tilton's hands as a being like a 456 00:36:24,520 --> 00:36:28,920 Speaker 1: crown of thorns. Once he was finished building up Beecher, 457 00:36:29,480 --> 00:36:37,040 Speaker 1: Tracy set about destroying Tilton. An all dominating selfish egotism 458 00:36:37,160 --> 00:36:41,320 Speaker 1: is the basis of Tilton's character, Tracy began, and because 459 00:36:41,320 --> 00:36:47,040 Speaker 1: of this egotism, he continued, Tilton became both enormously ambitious 460 00:36:47,640 --> 00:36:52,439 Speaker 1: and enormously jealous. It was just as Elizabeth Tilton had 461 00:36:52,440 --> 00:36:57,279 Speaker 1: told Plymouth Church Theodore Tilton had been jealous and resentful 462 00:36:57,360 --> 00:37:02,840 Speaker 1: of his mentor. In Tracy's words, Tilton saw Beecher as quote, 463 00:37:03,480 --> 00:37:07,200 Speaker 1: the one man who had prevented him from reaching the 464 00:37:07,239 --> 00:37:12,239 Speaker 1: topmost summit of fame. If Tilton could not be famous, 465 00:37:12,360 --> 00:37:16,839 Speaker 1: Tracy said, quote, he could at least be infamous, and 466 00:37:16,920 --> 00:37:23,239 Speaker 1: he preferred infamy to oblivion. Desperate for attention, running out 467 00:37:23,239 --> 00:37:27,120 Speaker 1: of money and rejected by the social and intellectual elite, 468 00:37:27,600 --> 00:37:31,960 Speaker 1: Tilton made his play capitalizing on his history with Beecher. 469 00:37:32,920 --> 00:37:35,800 Speaker 1: Mister Beecher had long been his friend and the intimate 470 00:37:35,840 --> 00:37:40,640 Speaker 1: friend of his wife, Tracy explained, that friendship, Tilton could 471 00:37:40,719 --> 00:37:44,560 Speaker 1: pervert and make himself the author and at the same 472 00:37:44,640 --> 00:37:48,680 Speaker 1: time the central figure of the most famous scandal of 473 00:37:48,800 --> 00:37:52,560 Speaker 1: modern times. If Tilton could not supplant Beecher in the 474 00:37:52,600 --> 00:37:57,080 Speaker 1: affection of the people, Tracy continued, he could scandalize him. 475 00:37:57,719 --> 00:38:01,160 Speaker 1: If Tilton had made it impossible for the honorable pen 476 00:38:01,320 --> 00:38:05,080 Speaker 1: to write his own biography, then was it worth any 477 00:38:05,239 --> 00:38:07,920 Speaker 1: cost to have a line devoted to him in the 478 00:38:07,920 --> 00:38:13,359 Speaker 1: biography of Henry Ward Beecher. This kind of argument that 479 00:38:13,400 --> 00:38:16,840 Speaker 1: those who bring suit or charges against celebrities are simply 480 00:38:16,880 --> 00:38:21,919 Speaker 1: doing it for attention has uncomfortable modern parallels. We've seen 481 00:38:21,920 --> 00:38:25,040 Speaker 1: the same claim made against countless people who told their 482 00:38:25,080 --> 00:38:28,879 Speaker 1: stories of sexual assault during the Me Too movement, and 483 00:38:28,960 --> 00:38:31,640 Speaker 1: for the most part, it's an easy claim to Rebut 484 00:38:32,320 --> 00:38:36,160 Speaker 1: few people would welcome the painful and invasive scrutiny that 485 00:38:36,239 --> 00:38:40,759 Speaker 1: comes with a high profile case. But Theodore Tilton may 486 00:38:40,960 --> 00:38:44,719 Speaker 1: just have been one of those people. As Tracy brutally 487 00:38:44,760 --> 00:38:48,360 Speaker 1: put it, Tilton was the kind of man who, quote, 488 00:38:48,960 --> 00:38:51,560 Speaker 1: if he could realize the sad truth that he was 489 00:38:51,719 --> 00:38:56,040 Speaker 1: morally dead, would still rejoice in this post mortem investigation 490 00:38:56,160 --> 00:39:01,560 Speaker 1: of his character. Tilton had always welcomed controversy thriving on 491 00:39:01,680 --> 00:39:06,800 Speaker 1: backlash and scandal. To many observers, it seemed entirely plausible 492 00:39:06,840 --> 00:39:11,399 Speaker 1: that Tilton had invented, or at least exaggerated, the entire thing, 493 00:39:14,880 --> 00:39:18,640 Speaker 1: and Tracy acknowledged that Beacher may have unwittingly helped Tilton 494 00:39:18,760 --> 00:39:23,040 Speaker 1: do just that due to his own naivete. The defense's 495 00:39:23,120 --> 00:39:27,000 Speaker 1: theory of the case ran like this. Beacher, a close 496 00:39:27,080 --> 00:39:30,440 Speaker 1: friend of both the Tilton's, had become a confidant and 497 00:39:30,520 --> 00:39:33,839 Speaker 1: spiritual guide to Elizabeth as she struggled in her marriage. 498 00:39:34,360 --> 00:39:38,880 Speaker 1: In the process, unbeknownst to Beecher, Elizabeth had developed feelings 499 00:39:38,880 --> 00:39:43,720 Speaker 1: for him. Eventually, concerned for her mental and physical well being, 500 00:39:43,960 --> 00:39:48,480 Speaker 1: Beecher had counseled Elizabeth to leave Theodore. It was for 501 00:39:48,719 --> 00:39:52,600 Speaker 1: these sins, for not realizing what Elizabeth felt for him, 502 00:39:53,040 --> 00:39:56,279 Speaker 1: for not consulting his old protege Theodore to get his 503 00:39:56,480 --> 00:40:00,279 Speaker 1: side of the story, for counseling Elizabeth to lie leave. 504 00:40:01,320 --> 00:40:04,600 Speaker 1: It was for these sins, and not the sin of 505 00:40:04,640 --> 00:40:08,800 Speaker 1: adultery that Beecher had apologized for in his letter of contrition. 506 00:40:09,719 --> 00:40:13,080 Speaker 1: He had aired as a pastor, but not as a man. 507 00:40:14,160 --> 00:40:17,440 Speaker 1: As Richard Whiteman Fox notes in his book Trials of 508 00:40:17,480 --> 00:40:22,799 Speaker 1: Intimacy quote the supreme irony of the trial is that, 509 00:40:22,880 --> 00:40:26,799 Speaker 1: while it was convened to determine whether Beecher had alienated 510 00:40:26,840 --> 00:40:30,840 Speaker 1: the affections of Missus Tilton from her husband, Beecher, in 511 00:40:31,000 --> 00:40:36,040 Speaker 1: order to exculpate himself conceded he had unintentionally done just that. 512 00:40:37,080 --> 00:40:41,719 Speaker 1: He admitted his moral fault to establish his legal innocence. 513 00:40:42,840 --> 00:40:45,920 Speaker 1: It was an argument that was not very flattering to Beecher. 514 00:40:46,400 --> 00:40:50,120 Speaker 1: It made him look clumsy and obtuse, but it fit 515 00:40:50,200 --> 00:40:53,680 Speaker 1: the facts, and it fit with what the public knew 516 00:40:53,760 --> 00:40:59,640 Speaker 1: of Beecher. He was enthusiastic, emotional, impulsive. Such a man 517 00:40:59,680 --> 00:41:02,719 Speaker 1: could easily get carried away by the vulnerability of a 518 00:41:02,760 --> 00:41:07,319 Speaker 1: woman and trapped by the machinations of her husband. There's 519 00:41:07,360 --> 00:41:11,280 Speaker 1: a beautifully illustrative story about Beecher from some years before 520 00:41:11,320 --> 00:41:15,400 Speaker 1: the trial that might help put the public's attitude into context. 521 00:41:15,840 --> 00:41:19,520 Speaker 1: On one chilly January night back in eighteen fifty seven, 522 00:41:20,200 --> 00:41:23,080 Speaker 1: Beecher had attempted to cross the ice of the frozen 523 00:41:23,200 --> 00:41:27,759 Speaker 1: East River from Manhattan to Brooklyn. The ice broke, stranding 524 00:41:27,800 --> 00:41:30,800 Speaker 1: him on a floe, from which he was eventually rescued 525 00:41:30,840 --> 00:41:35,600 Speaker 1: by a boat. As The New York Times observed, quote 526 00:41:35,680 --> 00:41:40,239 Speaker 1: Henry Ward Beecher never did a more thoroughly characteristic thing 527 00:41:40,400 --> 00:41:44,360 Speaker 1: in his life. He acted then precisely as he does, 528 00:41:44,400 --> 00:41:52,960 Speaker 1: always impulsively, courageously, rashly and successfully. He is always crossing 529 00:41:53,000 --> 00:41:56,319 Speaker 1: the ice somewhere or other. And though he has had 530 00:41:56,400 --> 00:42:01,680 Speaker 1: some narrow escapes, he has never yet fallen in. Now 531 00:42:02,200 --> 00:42:06,680 Speaker 1: Beecher had finally fallen in. But would he be punished 532 00:42:06,680 --> 00:42:10,200 Speaker 1: for it? That would be for the jury to decide, 533 00:42:10,719 --> 00:42:14,000 Speaker 1: And with the conclusion of arguments on June twenty third, 534 00:42:14,320 --> 00:42:18,760 Speaker 1: eighteen seventy five, more than one hundred and sixty days 535 00:42:18,800 --> 00:42:21,680 Speaker 1: after the trial began, they would have their chance to 536 00:42:21,760 --> 00:42:27,839 Speaker 1: do just that. For seven days, nothing was heard from 537 00:42:27,920 --> 00:42:31,719 Speaker 1: the jury. Then on July first, they sent a note 538 00:42:31,760 --> 00:42:35,239 Speaker 1: to the judge, May it please the court, we think 539 00:42:35,280 --> 00:42:38,040 Speaker 1: there is no possibility of our agreeing on a verdict, 540 00:42:38,480 --> 00:42:42,759 Speaker 1: and we respectfully asked to be discharged. Judge Nielsen, who 541 00:42:42,800 --> 00:42:46,000 Speaker 1: The New York Times had once described as quote a 542 00:42:46,080 --> 00:42:49,759 Speaker 1: man not to be trifled with, was not pleased. He 543 00:42:49,840 --> 00:42:52,640 Speaker 1: summoned the jury into the courtroom and lectured them on 544 00:42:52,680 --> 00:42:57,040 Speaker 1: their responsibilities. After a six month trial. The judge said 545 00:42:57,560 --> 00:43:01,520 Speaker 1: it would be quote humiliating for no verdict to be rendered, 546 00:43:02,120 --> 00:43:04,840 Speaker 1: especially in a case that had so much public attention. 547 00:43:05,800 --> 00:43:09,160 Speaker 1: It would be difficult to find any case, Judge Nielsen said, 548 00:43:09,680 --> 00:43:13,000 Speaker 1: where an agreement by a jury would be so desirable, 549 00:43:13,480 --> 00:43:19,239 Speaker 1: so imperative. Jury Foreman Chester Carpenter responded that it wasn't 550 00:43:19,280 --> 00:43:22,000 Speaker 1: that they didn't want to find a verdict, but that 551 00:43:22,080 --> 00:43:26,360 Speaker 1: they couldn't. It is a question of fact, a question 552 00:43:26,440 --> 00:43:29,360 Speaker 1: of the veracity of witnesses, on which we do not agree, 553 00:43:29,400 --> 00:43:32,080 Speaker 1: your honor, he explained, And I would say that I 554 00:43:32,120 --> 00:43:34,520 Speaker 1: think there is not a possibility of an agreement in 555 00:43:34,560 --> 00:43:38,000 Speaker 1: this jury. The judge asked them to try once more, 556 00:43:38,320 --> 00:43:43,000 Speaker 1: and they did, but returned the next day still stumped. Finally, 557 00:43:43,160 --> 00:43:46,760 Speaker 1: Judge Nielsen agreed to discharge the jury and the result 558 00:43:46,800 --> 00:43:51,040 Speaker 1: was announced. In the case of Tilton v. Beecher, the 559 00:43:51,160 --> 00:43:56,680 Speaker 1: jury was hung. It wasn't the verdict anyone particularly wanted, 560 00:43:57,160 --> 00:44:00,720 Speaker 1: but it was one that was somewhat expected. After all, 561 00:44:01,040 --> 00:44:04,040 Speaker 1: the jury foreman had put it well, it was difficult 562 00:44:04,080 --> 00:44:06,719 Speaker 1: to judge just who was telling the truth. On the 563 00:44:06,719 --> 00:44:10,319 Speaker 1: one hand, Theodore Tilton's explanation of the facts seemed to 564 00:44:10,320 --> 00:44:14,520 Speaker 1: make more sense. But on the other Henry Ward Beecher 565 00:44:14,840 --> 00:44:20,480 Speaker 1: was well Henry Ward Beecher America's best friend. As his 566 00:44:20,520 --> 00:44:23,440 Speaker 1: defense lawyer William Everts had put it during the trial, 567 00:44:24,239 --> 00:44:29,400 Speaker 1: I prefer to find in character the refutation of false evidence, 568 00:44:30,480 --> 00:44:33,800 Speaker 1: and the jury seemed to agree, though they had failed 569 00:44:33,800 --> 00:44:36,840 Speaker 1: to reach a verdict. A poll of the jurors found 570 00:44:36,880 --> 00:44:41,080 Speaker 1: that they leaned nine to three in Beecher's favor. In 571 00:44:41,120 --> 00:44:45,920 Speaker 1: his closing argument, Tilton's lawyer, William Beach had implored jurors 572 00:44:46,120 --> 00:44:49,840 Speaker 1: to quote judge Beecher as we would judge ourselves or 573 00:44:49,920 --> 00:44:53,600 Speaker 1: our fellow men generally, But in the end they simply 574 00:44:53,680 --> 00:44:58,480 Speaker 1: could not. For three decades, Beecher had been internationally celebrated 575 00:44:58,520 --> 00:45:03,960 Speaker 1: for his integrity, his courage, and his compassion. No courtroom 576 00:45:04,239 --> 00:45:07,799 Speaker 1: is a vacuum. What the jurors and the public had 577 00:45:07,880 --> 00:45:10,440 Speaker 1: learned in the course of the trial had been damaging 578 00:45:10,480 --> 00:45:14,360 Speaker 1: to his reputation, but in the end it didn't seem 579 00:45:14,440 --> 00:45:19,319 Speaker 1: to be enough to find Beecher guilty. However, there are 580 00:45:19,400 --> 00:45:22,200 Speaker 1: many things that were never brought up in the courtroom, 581 00:45:22,920 --> 00:45:28,279 Speaker 1: including a few facts that, had they been known, might 582 00:45:28,360 --> 00:45:32,080 Speaker 1: have made the world see Henry Ward Beecher in a 583 00:45:32,239 --> 00:45:40,960 Speaker 1: very different light. Henry Ward Beacher had always been a 584 00:45:41,040 --> 00:45:45,440 Speaker 1: ladies man. If we want to be armchair analysts, we 585 00:45:45,520 --> 00:45:49,160 Speaker 1: could trace this trait back to his childhood, when, in 586 00:45:49,280 --> 00:45:55,239 Speaker 1: Debbie Applegate's words, the potent triangle of an idealized absent mother, 587 00:45:55,680 --> 00:45:59,920 Speaker 1: a distant, critical stepmother, and a bevy of smart, strong, 588 00:46:00,040 --> 00:46:03,440 Speaker 1: rongwilled sisters and aunts who doted on the boy but 589 00:46:03,600 --> 00:46:06,879 Speaker 1: had little time to spoil him bred in him a 590 00:46:07,000 --> 00:46:12,520 Speaker 1: lifelong craving for the affection of attractive, intelligent women. He 591 00:46:12,680 --> 00:46:15,759 Speaker 1: liked women, and as he grew older and shed his 592 00:46:15,920 --> 00:46:19,520 Speaker 1: childhood awkwardness, he was delighted to find that they liked 593 00:46:19,600 --> 00:46:22,680 Speaker 1: him too. He might not have been the most handsome 594 00:46:22,719 --> 00:46:26,000 Speaker 1: man in the room. Mark Twain described him as quote 595 00:46:26,280 --> 00:46:30,080 Speaker 1: as homely as a singed cat, but he had it. 596 00:46:31,120 --> 00:46:35,680 Speaker 1: As Twain also said, mister Beecher is a remarkably handsome 597 00:46:35,719 --> 00:46:37,919 Speaker 1: man when he is in the full tide of sermonizing 598 00:46:38,000 --> 00:46:41,000 Speaker 1: and his face is lit up with animation. He could 599 00:46:41,000 --> 00:46:43,759 Speaker 1: turn on this energy in one on one settings, too, 600 00:46:44,440 --> 00:46:49,240 Speaker 1: to great effect. When he fell for his college roommate's sister, 601 00:46:49,560 --> 00:46:53,560 Speaker 1: Eunice Bullard in the early eighteen thirties. It hadn't taken 602 00:46:53,640 --> 00:46:56,560 Speaker 1: him long to convince Eunice and her family to accept 603 00:46:56,560 --> 00:46:59,400 Speaker 1: his proposal, even though it meant that she would have 604 00:46:59,440 --> 00:47:02,800 Speaker 1: to endure a seven year engagement while he finished college 605 00:47:02,800 --> 00:47:08,040 Speaker 1: and seminary. The engagement seemed for a moment to Saint 606 00:47:08,120 --> 00:47:13,840 Speaker 1: Beecher's desire for female affection. If you wish true, unalloyed, 607 00:47:14,040 --> 00:47:17,640 Speaker 1: genuine delight, fall in love with some amiable girl, he 608 00:47:17,680 --> 00:47:22,680 Speaker 1: wrote a friend. But this feeling didn't last long. When 609 00:47:22,680 --> 00:47:26,840 Speaker 1: the couple eventually married, the newlywed glow wore off quickly. 610 00:47:27,560 --> 00:47:31,760 Speaker 1: Beecher was an inattentive husband, constantly forgetting his new wife 611 00:47:31,840 --> 00:47:36,160 Speaker 1: at train stations and events, and Eunice was not temperamentally 612 00:47:36,200 --> 00:47:39,719 Speaker 1: suited to the life of a traveling preacher's wife. She 613 00:47:39,960 --> 00:47:45,120 Speaker 1: was jealous and critical, prone to martyrdom and hypochondria. By 614 00:47:45,160 --> 00:47:47,160 Speaker 1: the time the couple made it to New York, a 615 00:47:47,239 --> 00:47:52,160 Speaker 1: decade into their marriage, they were both deeply unhappy. Friends 616 00:47:52,200 --> 00:47:56,040 Speaker 1: and family knew about the couple's troubles, which they mostly 617 00:47:56,080 --> 00:48:01,919 Speaker 1: blamed on Unice. Unfortunately, as Debbie Applegate points out to outsiders, 618 00:48:02,280 --> 00:48:06,680 Speaker 1: hen pecking is more obvious than stealthy emotional neglect, but 619 00:48:06,920 --> 00:48:10,480 Speaker 1: few knew to what lengths Henry Ward Beecher would go 620 00:48:10,760 --> 00:48:21,319 Speaker 1: to once again find the genuine delight of love. In 621 00:48:21,360 --> 00:48:25,000 Speaker 1: the late eighteen fifties, Beecher had grown close to two 622 00:48:25,000 --> 00:48:30,600 Speaker 1: of his congregants, Chloe and Moses Beach. Yes Beach, not Beecher. 623 00:48:30,719 --> 00:48:35,200 Speaker 1: The names are annoyingly similar. Moses was an unassuming, clever 624 00:48:35,320 --> 00:48:39,080 Speaker 1: man who edited the New York Sun. Beecher liked Moses 625 00:48:39,120 --> 00:48:42,120 Speaker 1: a great deal, but he seemed even more drawn to 626 00:48:42,239 --> 00:48:47,960 Speaker 1: Moses's wife, Chloe, a self possessed, graceful woman. Soon the 627 00:48:48,000 --> 00:48:53,560 Speaker 1: two were spending quite a bit of time together alone. 628 00:48:53,680 --> 00:48:59,200 Speaker 1: Chloe and Beecher's relationship became so intense that Moses moved 629 00:48:59,239 --> 00:49:02,600 Speaker 1: his family out of Brooklyn several times throughout the eighteen 630 00:49:02,680 --> 00:49:07,200 Speaker 1: sixties in order, he wrote, to cut off the associations 631 00:49:07,239 --> 00:49:11,320 Speaker 1: which were constantly dragging me into a mire of unhappy 632 00:49:11,400 --> 00:49:15,399 Speaker 1: thought and depriving me of an affection which it had 633 00:49:15,480 --> 00:49:18,919 Speaker 1: been the one aim of my life to cherish and nourish. 634 00:49:19,520 --> 00:49:24,000 Speaker 1: Every time they left, though Chloe would become so miserable 635 00:49:24,280 --> 00:49:28,080 Speaker 1: that Moses would eventually relent. They would return to the 636 00:49:28,120 --> 00:49:33,320 Speaker 1: city and to Beecher. In January of eighteen sixty seven, 637 00:49:33,719 --> 00:49:38,319 Speaker 1: Chloe gave birth to a daughter named Violet. There is compelling, 638 00:49:38,600 --> 00:49:44,640 Speaker 1: circumstantial evidence that Violet was Beecher's daughter. At the time 639 00:49:44,680 --> 00:49:49,160 Speaker 1: of Violet's conception, Moses was stricken with typhoid fever. The 640 00:49:49,200 --> 00:49:53,360 Speaker 1: stomach problems and rashes associated with that disease make it 641 00:49:53,440 --> 00:49:56,320 Speaker 1: unlikely that the Beaches would have been intimate during this time, 642 00:49:56,840 --> 00:49:59,759 Speaker 1: and that's on top of the marital problems caused by 643 00:49:59,800 --> 00:50:04,640 Speaker 1: cl Loe's relationship with Beecher. When Moses learned of Chloe's pregnancy, 644 00:50:05,120 --> 00:50:09,480 Speaker 1: he literally fled the country and then spent most of 645 00:50:09,520 --> 00:50:13,680 Speaker 1: the first year of his daughter's life away from his family. Beacher, 646 00:50:13,800 --> 00:50:18,240 Speaker 1: by contrast, doted on Violet. He spoiled her with gifts, 647 00:50:18,480 --> 00:50:22,800 Speaker 1: played with her constantly, and wrote to her often. Debbie 648 00:50:22,840 --> 00:50:26,200 Speaker 1: Applegate managed to uncover pictures of Violet and Beacher together, 649 00:50:26,920 --> 00:50:30,840 Speaker 1: and the resemblance, at least in my opinion, is pretty striking. 650 00:50:31,719 --> 00:50:37,600 Speaker 1: And Chloe was not Beecher's only alleged mistress. His relationships 651 00:50:37,640 --> 00:50:41,319 Speaker 1: with a number of female congregants had been so concerning. 652 00:50:41,680 --> 00:50:45,200 Speaker 1: Plymouth Church founder Henry Bowen would later recall that a 653 00:50:45,239 --> 00:50:48,520 Speaker 1: group of the church's leading men had once sent a 654 00:50:48,600 --> 00:50:52,440 Speaker 1: representative to the preacher's house to confront him about his behavior. 655 00:50:53,120 --> 00:50:58,040 Speaker 1: According to Bowen, Beecher reacted to these accusations quote like 656 00:50:58,120 --> 00:51:03,000 Speaker 1: a guilty man, was grit lately embarrassed, and promise that 657 00:51:03,000 --> 00:51:07,520 Speaker 1: there should be no further occasion for such scandal. Beecher's 658 00:51:07,520 --> 00:51:10,640 Speaker 1: flirtatious behavior was not aknown to the public at the 659 00:51:10,640 --> 00:51:14,319 Speaker 1: time of the trial. Newspapers had dug up stories of 660 00:51:14,320 --> 00:51:18,040 Speaker 1: his close relationships with female students and congregants from throughout 661 00:51:18,080 --> 00:51:21,880 Speaker 1: his clerical career, but explicit discussions of his pattern of 662 00:51:21,920 --> 00:51:25,080 Speaker 1: adultery of the type that we have access to today 663 00:51:25,520 --> 00:51:28,959 Speaker 1: weren't around in eighteen seventy five, so the public could 664 00:51:28,960 --> 00:51:32,600 Speaker 1: only judge on what they knew, all of which inclined 665 00:51:32,640 --> 00:51:35,120 Speaker 1: them to give Henry Ward Beecher the benefit of the 666 00:51:35,200 --> 00:51:39,279 Speaker 1: doubt when it came to Theodore Tilton's allegations. Yes, not 667 00:51:39,440 --> 00:51:42,640 Speaker 1: everyone believed Beecher, but it's hard to ignore the way 668 00:51:42,680 --> 00:51:46,759 Speaker 1: his celebrities skewed both public opinion and the trial itself. 669 00:51:47,400 --> 00:51:50,600 Speaker 1: We've seen the same thing occur in modern celebrity trials, 670 00:51:50,680 --> 00:51:54,200 Speaker 1: from oj Simpson to Johnny Depp. When we feel like 671 00:51:54,320 --> 00:51:58,000 Speaker 1: we know a celebrity, it becomes that much harder to 672 00:51:58,080 --> 00:52:00,319 Speaker 1: believe that they could be guilty of a crime that 673 00:52:00,440 --> 00:52:03,960 Speaker 1: feels out of line with their perceived character. But every 674 00:52:04,040 --> 00:52:08,120 Speaker 1: public figure has a private life, and no matter how 675 00:52:08,200 --> 00:52:12,280 Speaker 1: strong our parasocial relationship with the celebrity is, we don't 676 00:52:12,360 --> 00:52:16,440 Speaker 1: actually know them. Celebrities in the courtroom make for an 677 00:52:16,520 --> 00:52:19,759 Speaker 1: uneasy mix. It's just as true now as it was 678 00:52:19,800 --> 00:52:23,080 Speaker 1: in the eighteen seventies. Though we often like to think 679 00:52:23,080 --> 00:52:26,399 Speaker 1: of a trial as a form of objective investigation into 680 00:52:26,440 --> 00:52:30,120 Speaker 1: a claim, how objective can that investigation be when the 681 00:52:30,160 --> 00:52:35,600 Speaker 1: court of law is, despite best intentions, inevitably influenced by 682 00:52:35,600 --> 00:52:40,680 Speaker 1: the court of public opinion. The Beecher Tilton case was 683 00:52:40,719 --> 00:52:45,200 Speaker 1: a scandal in the truest sense, too messy and complex 684 00:52:45,280 --> 00:52:48,839 Speaker 1: to be neatly captured or resolved by a court. When 685 00:52:48,880 --> 00:52:52,600 Speaker 1: the historian Richard Whiteman Fox began investigating the trial for 686 00:52:52,680 --> 00:52:56,560 Speaker 1: his book Trials of Intimacy, he initially wanted to determine 687 00:52:56,560 --> 00:52:59,520 Speaker 1: the truth of the case which side had it right, 688 00:53:00,239 --> 00:53:04,400 Speaker 1: But as he discovered quote the whole idea of two 689 00:53:04,640 --> 00:53:08,560 Speaker 1: sides was flawed. It was not a choice between guilt 690 00:53:08,640 --> 00:53:14,080 Speaker 1: and innocence, but an interpretation of multiple competing stories, each 691 00:53:14,120 --> 00:53:16,960 Speaker 1: of them much too complex to be encompassed by the 692 00:53:17,000 --> 00:53:22,840 Speaker 1: side metaphor. Our adversarial trial system, which requires two such 693 00:53:22,880 --> 00:53:26,160 Speaker 1: distinct sides in every case, is not always the best 694 00:53:26,200 --> 00:53:30,720 Speaker 1: fit for the irrational, chaotic reality of human life. Few 695 00:53:30,840 --> 00:53:34,960 Speaker 1: trials illustrate this failing better than the Beacher Tilton case. 696 00:53:36,120 --> 00:53:39,520 Speaker 1: That's the story of Theodore Tilton v. Henry Ward Beecher. 697 00:53:40,360 --> 00:53:42,640 Speaker 1: Stick around after the break to learn how the main 698 00:53:42,719 --> 00:53:46,120 Speaker 1: players from the trial fared in its aftermath, and to 699 00:53:46,160 --> 00:53:57,480 Speaker 1: hear one final revelation on the affair. After the trial, 700 00:53:57,760 --> 00:54:01,480 Speaker 1: Henry Ward Beecher was welcomed back by Plymouth Church with 701 00:54:01,680 --> 00:54:05,279 Speaker 1: open arms and a generous salary raise to cover his 702 00:54:05,360 --> 00:54:09,440 Speaker 1: legal costs. For his first sermon after his return, he 703 00:54:09,480 --> 00:54:13,920 Speaker 1: preached about compassion and forgiveness. Don't believe that all men 704 00:54:13,960 --> 00:54:16,400 Speaker 1: are bad because you have seen some of their weaknesses 705 00:54:16,760 --> 00:54:21,080 Speaker 1: or even their sins, he admonished the crowd. Despite his 706 00:54:21,160 --> 00:54:26,160 Speaker 1: projection of confidence, the trial had shaken him. Friends recalled 707 00:54:26,200 --> 00:54:29,879 Speaker 1: that he was colder and more distant after eighteen seventy five. 708 00:54:30,560 --> 00:54:35,360 Speaker 1: He was also broke in early eighteen seventy seven, he 709 00:54:35,440 --> 00:54:37,800 Speaker 1: went on a lecture tour to try to make money. 710 00:54:38,480 --> 00:54:42,840 Speaker 1: Fortunately for Beecher, the trial had only increased people's desire 711 00:54:42,960 --> 00:54:46,600 Speaker 1: to see him speak. Over the course of forty lectures 712 00:54:46,640 --> 00:54:51,120 Speaker 1: in seven weeks, he spoke to nearly seventy thousand people. 713 00:54:51,840 --> 00:54:55,040 Speaker 1: Using the proceeds of this tour, he built a mansion 714 00:54:55,040 --> 00:54:58,760 Speaker 1: in Upstate New York, telling his brother I have pride 715 00:54:58,800 --> 00:55:01,560 Speaker 1: in building the house and earning every penny that pays 716 00:55:01,600 --> 00:55:05,000 Speaker 1: for it, and that after the world, the flesh and 717 00:55:05,080 --> 00:55:08,960 Speaker 1: the devil conspired to put me down guests who supervised 718 00:55:08,960 --> 00:55:13,160 Speaker 1: the construction from her own house next door his alleged mistress, 719 00:55:13,360 --> 00:55:18,480 Speaker 1: Chloe Beach. Over the next decade, Henry Ward Beecher continued 720 00:55:18,520 --> 00:55:22,440 Speaker 1: to be outspoken on both political and religious issues. Though 721 00:55:22,480 --> 00:55:25,239 Speaker 1: the scandal had burned him, he had not lost his 722 00:55:25,360 --> 00:55:31,200 Speaker 1: taste for attention nor his ideological fearlessness. He continued to publish, 723 00:55:31,520 --> 00:55:35,680 Speaker 1: preach and lecture across America until he suffered a sudden 724 00:55:35,719 --> 00:55:40,000 Speaker 1: stroke on March second, eighteen eighty seven, dying six days 725 00:55:40,040 --> 00:55:44,600 Speaker 1: later at age seventy three. Fifty thousand people gathered in 726 00:55:44,640 --> 00:55:48,080 Speaker 1: the streets to mourn Henry Ward Beecher, and city Hall 727 00:55:48,160 --> 00:55:54,279 Speaker 1: was draped in black bunting. Theodore Tilton's reputation never recovered. 728 00:55:55,000 --> 00:55:57,480 Speaker 1: He also tried to capitalize off the scandal with a 729 00:55:57,520 --> 00:56:02,360 Speaker 1: lecture tour, but his audience was the world had lost 730 00:56:02,360 --> 00:56:05,239 Speaker 1: interest in him when the novelty of the scandal wore off. 731 00:56:06,280 --> 00:56:09,560 Speaker 1: He eventually moved to Paris, where he wrote poetry and 732 00:56:09,640 --> 00:56:13,520 Speaker 1: lived a quiet life before dying in May nineteen oh seven. 733 00:56:14,600 --> 00:56:18,840 Speaker 1: Unlike her husband and Beecher, Elizabeth Tilton had not gotten 734 00:56:18,880 --> 00:56:21,480 Speaker 1: to tell her side of the story at trial. The 735 00:56:21,560 --> 00:56:25,480 Speaker 1: lawyers all agreed that she was too unreliable of a witness. 736 00:56:25,760 --> 00:56:28,560 Speaker 1: She had tried to speak out, giving the judge a 737 00:56:28,600 --> 00:56:31,920 Speaker 1: prepared statement that she asked him to read aloud. The 738 00:56:32,000 --> 00:56:35,120 Speaker 1: judge had declined, but the statement, of course, made its 739 00:56:35,120 --> 00:56:39,000 Speaker 1: way to the papers. In it, Elizabeth once again denied 740 00:56:39,000 --> 00:56:41,799 Speaker 1: the affair and implied that she had been forced by 741 00:56:41,880 --> 00:56:45,320 Speaker 1: her husband to make a false confession. After the trial, 742 00:56:45,520 --> 00:56:48,239 Speaker 1: she lived with her mother and children in Brooklyn and 743 00:56:48,360 --> 00:56:52,719 Speaker 1: shunned public attention up until eighteen seventy eight. That is, 744 00:56:59,200 --> 00:57:03,040 Speaker 1: on April state sixteenth, the Morning Papers carried a shocking 745 00:57:03,120 --> 00:57:07,440 Speaker 1: letter written by Elizabeth Tilton to her lawyer. In the letters, 746 00:57:07,480 --> 00:57:11,560 Speaker 1: she swore that the charge brought by my husband of 747 00:57:11,600 --> 00:57:17,640 Speaker 1: adultery between myself and the Reverend Henry Ward Beecher was true. 748 00:57:17,920 --> 00:57:21,920 Speaker 1: Two months later, she told a Plymouth church committee, I 749 00:57:22,040 --> 00:57:25,480 Speaker 1: now repeat and affirm that the acknowledgment of adultery was 750 00:57:25,520 --> 00:57:28,920 Speaker 1: the truth and nothing but the truth, and that having 751 00:57:29,040 --> 00:57:33,880 Speaker 1: previously published a false statement denying the charges, I desired 752 00:57:34,000 --> 00:57:37,680 Speaker 1: to make the truth as worldwide as the lie had been. 753 00:57:38,680 --> 00:57:41,400 Speaker 1: But she did not have the same platform as Beecher 754 00:57:41,960 --> 00:57:46,280 Speaker 1: or her husband, and most people dismissed her statements. Though 755 00:57:46,320 --> 00:57:49,680 Speaker 1: she was a central player in the scandal, Elizabeth Tilton 756 00:57:49,800 --> 00:57:53,880 Speaker 1: was never taken seriously. She had become just as she 757 00:57:54,000 --> 00:57:57,680 Speaker 1: feared she would, only a plaything, the rope and a 758 00:57:57,760 --> 00:58:01,640 Speaker 1: vicious tug of war between two powers, poorful, egotistical men. 759 00:58:02,320 --> 00:58:06,640 Speaker 1: After eighteen seventy eight, she never spoke out publicly again, and, 760 00:58:06,840 --> 00:58:11,080 Speaker 1: according to one obituary, banned all newspapers from her home. 761 00:58:12,000 --> 00:58:16,960 Speaker 1: She died on April thirteenth, eighteen ninety seven, five weeks 762 00:58:17,040 --> 00:58:21,760 Speaker 1: after Unice Beacher. Both women are buried in Greenwood Cemetery 763 00:58:21,880 --> 00:58:27,640 Speaker 1: in Brooklyn. Elizabeth Tilton's headstone simply says, grandmother Eunice Beacher 764 00:58:27,760 --> 00:58:31,080 Speaker 1: shares a headstone with her husband. Her section of the 765 00:58:31,120 --> 00:58:35,040 Speaker 1: stone bears only her birth and death dates. Henry got 766 00:58:35,080 --> 00:58:40,520 Speaker 1: an epitaph quote he thinketh no evil, from his favorite 767 00:58:40,520 --> 00:58:45,920 Speaker 1: Bible chapter, First Corinthians, chapter thirteen. But after meddling through 768 00:58:45,960 --> 00:58:49,560 Speaker 1: the murky waters of the Tilton Beacher scandal, the next 769 00:58:49,640 --> 00:58:52,800 Speaker 1: verse might be a more appropriate conclusion to this episode. 770 00:58:53,560 --> 00:59:00,400 Speaker 1: Rejoiceth not in iniquity, but rejoiceth in the truth. Thank you 771 00:59:00,440 --> 00:59:04,080 Speaker 1: for listening to History on Trial. The main sources for 772 00:59:04,120 --> 00:59:08,120 Speaker 1: this episode were the trial transcript, Debbie Applegate's book The 773 00:59:08,120 --> 00:59:12,080 Speaker 1: Most Famous Man in America, Biography of Henry Ward Beecher, 774 00:59:12,480 --> 00:59:16,800 Speaker 1: and Richard Whitman Fox's book Trials of Intimacy, Love and 775 00:59:16,920 --> 00:59:20,920 Speaker 1: Loss in the Beecher's Hilton Scandal. For a full bibliography, 776 00:59:21,160 --> 00:59:23,959 Speaker 1: as well as a transcript of this episode with citations, 777 00:59:24,440 --> 00:59:29,160 Speaker 1: please visit our website History on Trial podcast dot com. 778 00:59:31,320 --> 00:59:35,200 Speaker 1: History on Trial is written and hosted by me Mira Hayward. 779 00:59:35,760 --> 00:59:38,880 Speaker 1: The show is edited and produced by Jesse Funk, with 780 00:59:38,960 --> 00:59:44,600 Speaker 1: supervising producer Trevor Young and executive producers Dana Schwartz. Alexander Williams, 781 00:59:45,000 --> 00:59:48,640 Speaker 1: Matt Frederick, and Mira Hayward. Learn more about the show 782 00:59:48,720 --> 00:59:52,680 Speaker 1: at History on Trial podcast dot com and follow us 783 00:59:52,720 --> 00:59:57,880 Speaker 1: on Instagram at History on Trial and on Twitter at Underscore. 784 00:59:58,120 --> 01:00:02,880 Speaker 1: History on Trial and more podcasts from iHeartRadio by visiting 785 01:00:02,880 --> 01:00:06,920 Speaker 1: the iHeartRadio app, Apple Podcasts, or wherever you listen to 786 01:00:06,960 --> 01:00:07,880 Speaker 1: your favorite shows.