"There comes Harry Franco, and as he draws near,

You find that's a smile which you took for a sneer;

One half of him contradicts t'other; his wont

Is to say very sharp things and do very blunt;

His manner's as hard as his feelings are tender,

And a _sortie_ he'll make when he means to surrender;

He's in joke half the time when he seems to be sternest,

When he seems to be joking be sure he's in earnest;

He has common sense in a way that's uncommon,

Hates humbug and cant, loves his friends like a woman,

Builds his dislikes of cards and his friendships of oak,

Loves a prejudice better than aught but a joke;

Is half upright Quaker, half downright Come-Outer,

Loves Freedom too well to go stark mad about her;

Quite artless himself, is a lover of Art,

Shuts you out of his secrets and into his heart,

And though not a poet, yet all must admire

In his letters of Pinto his skill on the liar."

XXXIII

[Sidenote: Theodore Tilton]

When I first knew Theodore Tilton as my editor-in-chief, on the

_Union_, he was in his thirty-fifth year. His extraordinary gifts as an

effective writer and speaker had won for him, even at that early age, a

country-wide reputation. He was a recognized force in the thought and

life of the time, and he had full possession of the tools he needed for

his work. The _Independent_ exercised an influence upon the thought and

life of the American people such as no periodical publication of its

class exercises in this later time of cheap paper, cheap illustrations,

and multitudinous magazines. Its circulation of more than three hundred

thousand exceeded that of all the other publications of its class

combined, and, more important still, it was spread all over the country,

from Maine to California. The utterances of the _Independent_ were

determinative of popular thought and conviction in an extraordinary

degree.

Theodore Tilton had absolute control of that great engine of influence,

with an editorial staff of unusually able men for his assistants, and

with a corps of contributors that included practically all the most

desirable men and women writers of the time.

In addition to all this, it was the golden age of the lecture system,

and next to Mr. Beecher, Tilton was perhaps the most widely popular of

the lecturers.

In the midst of such a career, and possessed of such influence over the

minds of men, at the age of thirty-five, it is no wonder that he had a

good conceit of himself, and it was to his credit that he manifested

that conceit only in inoffensive ways. He was never arrogant, dogmatic,

or overbearing in conversation. His courtesy was unfailing, except in

strenuous personal controversy, and even there his manner was polite

almost to deference, however deadly the thrusts of his sarcastic wit

might be. He fought with a rapier always, never with a bludgeon. His

refinement of mind determined that.

It was an era of "gush," of phrase making, of superlatives, and in

such arts Tilton was peculiarly gifted. In his thinking he was bold

to the limit of audacity, and his aptness in clothing his thought in

captivating forms of speech added greatly to its effectiveness and his

influence.

Radicalism was rampant at that time when the passions aroused by the

recent Civil War had not yet begun to cool, and Tilton was a radical

of radicals. So extreme was he in his views that during and after the

orgies of the Commune and the petroleuses in Paris, he openly espoused

their cause, justified their resistance to everything like orderly

government, and glorified those of them who suffered death for their

crimes, as martyrs to human liberty.

He and I were talking of these things one day, when something that was

said prompted me to ask him his views of the great French revolution at

the end of the eighteenth century. He quickly replied:

"It was a notable movement in behalf of human liberty; it was overborne

by military force at last only because the French people were unworthy

of it. Robespierre was an irresolute weakling who didn't cut off heads

enough."

[Sidenote: Tilton's Characteristics]

Added to his other gifts, Tilton had an impressive and attractive

personality. Tall, well formed, graceful in every motion, he had a head

and face so handsome and so unlike the common as to make him a man to be

looked at more than once in every company. His manner accorded with his

appearance and emphasized it. It was a gracious combination of deference

for others with an exalted self-esteem. There was a certain joyousness

in it that was very winning, combined with an insistent but unobtrusive

self-assertion which impressed without offending.

His wit was always at his command, for offense or for defense, or for

mere entertainment. I remember that in my first association with him I

had a sort of fear at each moment that he would knock me down the next

with an epigram. I have seen him do that repeatedly with men with whom

he was at the time in deadly controversy, but in my own case the fear of

it was soon banished by the uniform kindliness with which he treated me,

and the personal affection with which he seemed to regard me.

I have often wondered over his attitude toward me. I was an ex-rebel

soldier, and in 1870 he was still mercilessly at war with Southern

men and Southern ideas. My opinions on many subjects were the exact

opposite of his own, and I was young enough then to be insistent in the

expression of my opinions, especially in conversation with one to whom

I knew my views to be _Anathema Maranatha_.

Yet from the first hour of our meeting Theodore Tilton was always

courteous and genial toward me, and after our acquaintance had ripened

a bit, he became cordial and even enthusiastic in his friendship.

It was his habit to rise very early, drink a small cup of coffee and,

without other breakfast, walk down to the office of the _Union_. There

he wrote his editorials, marked out the day's work for his subordinates,

and received such callers as might come, after which he would walk

home and take his breakfast at noon. His afternoons were spent in

the doing of another day's work in the _Independent_ office. After our

acquaintance ripened into friendship, he used to insist upon my going

with him to his midday breakfast, whenever my own work in any wise

permitted. As I also was apt to be early at the office, I was usually

able to accept his breakfast invitations, so that we had an hour's

uninterrupted intercourse almost every day. And unlike other editorial

chiefs with whom I have had intimate social relations in their own

homes, Mr. Tilton never thrust editorial or other business matters

into the conversation on these occasions. Indeed, he did not permit

the smallest reference to such subjects. If by accident such things

obtruded, he put them aside as impertinent to the time and place. It

was not that he thought less or cared less for matters of such import

than other great editors do, but rather that he had a well-ordered mind

that instinctively shrank from confusion. When engaged with editorial

problems, he gave his whole attention to their careful consideration

and wise solution. When engaged in social intercourse he put all else

utterly out of his mind.

I cannot help thinking that his method as to that was a wiser one

than that of some others I have known, who carried the problems and

perplexities of their editorial work with them into their parlors, to

their dinner tables, and even to bed. Certainly it was a method more

agreeable to his associates and guests.

XXXIV

[Sidenote: The Swarm of Gadflies]

At that time Tilton was "swimming on a sea of glory." His popularity

was at its height, with an apparently assured prospect of lasting

fame to follow. His work so far had necessarily been of an ephemeral

sort--dealing with passing subjects in a passing way--but he had all the

while been planning work of a more permanent character, and diligently

preparing himself for its doing. One day, in more confidential mood than

usual, he spoke to me of this and briefly outlined a part at least of

what he had planned to do. But there was a note of the past tense in

what he said, as if the hope and purpose he had cherished were passing

away. It was the first intimation I had of the fact that those troubles

were upon him which later made an end of his career and sent him into a

saddened exile which endured till the end of his ruined life.

At that time I knew nothing and he told me nothing of the nature of

his great trouble, and I regarded his despondency as nothing more than

weariness over the petty annoyances inflicted upon him by some who were

jealous of his success and popularity.

With some of these things I was familiar. His growing liberality of

thought in religious matters, and the absence of asceticism from his

life, had brought a swarm of gadflies round his head, whose stings

annoyed him, even if they inflicted no serious hurt. He was constantly

quizzed and criticised, orally, by personal letter, and in print,

as to his beliefs, his conduct, his tastes, his habits, and even his

employment of terms, quite as if he had been a woman or a clergyman

responsible to his critics and subject to their censure. He maintained

an appearance of good temper under all this carping--most of which was

clearly inspired by "envy, malice, and all uncharitableness"--but, as

I had reason to know, it stung him sorely. He said to me one day:

"It isn't the criticism that annoys me so much as the fact that I am

supposed to be answerable in such small ways to the bellowings of Tray,

Blanche, and Sweetheart. I seem not to be regarded as a free man, as

other men are."

I reminded him that something of that kind was the penalty that genius

and popularity were usually required to pay for their privileges. I

illustrated my thought by adding:

"If Byron had not waked up one morning and found himself famous, he

would never have been hounded out of his native land by what Macaulay

calls British morality in one of its periodic spasms of virtue, and

if Poe had never written 'The Raven,' 'The Bells,' and 'Annabel Lee,'

nobody would ever have bothered to inquire about his drinking habits."

I strongly urged him to ignore the criticism which was only encouraged

by his replies to it. But in that he was not amenable to counsel, partly

because his over-sensitive nature was more severely stung by such

criticism than that of a better balanced man would have been, but still

more, I think, because his passion for epigrammatic reply could not

resist the temptation of opportunity which these things presented. Often

his replies were effective for the moment, by reason of their wit or

their sparkling audacity, but incidentally they enlarged the circle of

persons offended.

Thus on one occasion, when he was challenged in print by an adversary,

to say that he did not drink wine, he replied in print:

"Mr. Tilton does drink wine upon sacramental and other proper

occasions."

His readers smiled at the smartness of the utterance, but many of the

more sensitive among them were deeply aggrieved by what they regarded

as its well-nigh blasphemous character.

[Sidenote: The Fulton Controversy]

I was myself present at one of his most perplexing conferences

concerning these matters, not as a participant in the discussion, but

as a friendly witness.

The quarrel--for it had developed into the proportions of a quarrel--was

with the Rev. Dr. Fulton, who at that time occupied a large place in

public attention--as a preacher of great eloquence, his friends said, as

a reckless sensationalist and self-advertiser, his enemies contended.

He had accused Tilton of drinking wine, and had publicly criticised him

for it, with great severity. Tilton had replied in an equally public

way, with the statement that on a certain occasion which he named, he

and Dr. Fulton had walked up street together after a public meeting;

that at Dr. Fulton's suggestion they had gone into a saloon where

between them they had drunk a considerable number of glasses of beer (he

gave the number, but I forget what it was), adding: "Of which I did not

drink the major part."

Dr. Fulton was furiously angry, of course, and demanded an interview.

Tilton calmly invited him to call at his editorial room in the _Union_

office. He came at the appointed time, bringing with him the Rev. Dr.

Armitage and two other persons of prominence. I do not now remember who

they were. Tilton at once sent me a message asking me to come to his

room. When I entered he introduced me to his visitors and then said:

"Mr. Eggleston, Dr. Fulton has called to discuss with me certain

matters of personal import. The discussion may result in some issues of

veracity--discussions with Dr. Fulton often do. It is in view of that

possibility, I suppose," smiling and bowing to Dr. Fulton, who sat stiff

in his chair making no response by word or act, "that Dr. Fulton has

brought with him Dr. Armitage and these other gentlemen, as witnesses

to whatever may be said between us. I have the profoundest respect,

and even reverence for those gentlemen, but it seems to me proper that

I should have at least one witness of my own selection present also.

I have therefore sent for you."

Instantly Dr. Fulton was on his feet protesting. In a loud voice and

with excited gesticulations, he declared that he would not be drawn

into a trap--that he would abandon the purpose of his visit rather than

discuss the matters at issue with one of Tilton's reporters present to

misrepresent and ridicule him in print.

Tilton, who never lost his self-possession, waited calmly till the

protest was fully made. Then he said:

"I have no reporter present. Mr. Eggleston was promoted a week ago to

the editorial writing staff of the paper. He will report nothing. You,

Dr. Fulton, have brought with you three friends who are of your own

selection, to hear the discussion between us. I claim the right to have

one friend of my own present also. It is solely in that capacity that I

have asked Mr. Eggleston to be present."

"But I will not discuss confidential matters in the presence of any

newspaper man," protested Dr. Fulton.

"Then in my turn," said Tilton, "I must decline to discuss the questions

between us, in the presence of any clergyman."

At that point Dr. Armitage and his companions remonstrated with Dr.

Fulton, declaring his position to be unreasonable and unfair, and

telling him that if he persisted in it, they would at once withdraw.

Fulton yielded, and after an hour's angry sparring on his part and

placidly self-possessed sword play of intellect on Tilton's side, Dr.

Fulton submitted a proposal of arbitration, to which Tilton assented,

with one qualification, namely, that if the finding of the arbitrators

was to be published, in print, from the pulpit, or otherwise, he,

Tilton, should be privileged to publish also a verbatim report of the

_testimony_ upon which it was founded.

Dr. Fulton rejected this absolutely, on the ground that he did not want

his name to figure in "a newspaper sensation."

Still cool, self-possessed, and sarcastic, Tilton asked:

"Do I correctly understand you to mean, Dr. Fulton, that you shrink from

sensationalism?"

"Yes, sir, that is exactly what I mean."

"Quite a new attitude of mind to you, isn't it, Doctor? I fear it will

rob your preaching of much of its 'drawing' quality."

Dr. Fulton's advisers urged him to assent to Tilton's proposal as an

entirely reasonable one, but he persistently refused, and the conference

ended with nothing accomplished.

I know nothing to this day of the merits of the controversy. I have

given this account of the meeting called to settle it solely because it

serves the purpose of illustrating the methods of the two men.

XXXV

[Sidenote: Later Acquaintance with Tilton]

About a year later, or a little less, my editorial connection with the

_Union_ ceased, and with it my official association with Mr. Tilton. But

he and I lived not far apart in Brooklyn and from then until the great

trouble broke--two or three years--I saw much of him, at his home and

mine, on the street, and at many places in New York. With the first open

manifestation of the great trouble he began consulting with me about it.

I gave him a deal of good advice in response to his eager demands for

counsel. He seemed to appreciate and value it, but as he never acted

upon it in the smallest degree, I gradually ceased to give it even when

requested.

I have every reason to believe that in the course of these consultations

I learned, from him and from all the others directly connected with the

terrible affair, the inner and true story of the events that culminated

in the great and widely demoralizing scandal. It is a story that has

never been told. At the time of the trial both sides were careful to

prevent its revelation, and there were certainly most imperative reasons

why they should.

I have no purpose to tell that story in these pages. I mention it only

because otherwise the abrupt termination of my reminiscences of Mr.

Tilton at this point might seem to lack explanation.

XXXVI

When I joined the staff of the _Union_, in the summer of 1870, I had

had no newspaper experience whatever. I had written for newspapers

occasionally, but only as an amateur. I had published one or two small

things in magazines, but I knew absolutely nothing of professional

newspaper work. Mr. Tilton and his managing editor, Kenward Philp, were

good enough to find in my earliest work as a reporter some capacity for

lucid expression, and a simple and direct narrative habit which pleased

them, so that in spite of my inexperience they were disposed to give me

a share in the best assignments. I may say incidentally that among the

reporters I was very generally pitied as a poor fellow foredoomed to

failure as a newspaper man for the reason that I was what we call

educated. At that time, though not for long afterwards, education and

a tolerable regularity of life were regarded as serious handicaps in

the newsrooms of most newspapers.

[Sidenote: My First Libel Suit]

Among my earliest assignments was one which brought me my first

experience of newspaper libel suits, designed not for prosecution but as

a means of intimidating the newspaper concerned. The extent to which the

news of the suit appalled me was a measure of my inexperience, and the

way in which it was met was a lesson to me that has served me well upon

many later occasions of the kind.

A man whom I will call Amour, as the use of his real name might give

pain to innocent persons even after the lapse of forty years, was

express agent at a railway station in the outskirts of Brooklyn. His

reputation was high in the community and in the church as a man of

exemplary conduct and a public-spirited citizen, notably active in all

endeavors for the betterment of life.

It was a matter of sensational, popular interest, therefore, when his

wife instituted divorce proceedings, alleging the most scandalous

conduct on his part.

The _Union_ was alert to make the most of such things and Kenward Philp

set me to explore this case and exploit it. He told me frankly that he

did so because he thought I could "write it up" in an effective way, but

he thought it necessary to caution my inexperience that I must confine

my report rigidly to the matter in hand, and not concern myself with

side issues of any kind.

In the course of my inquiry, I learned much about Amour that was far

more important than the divorce complications. Two or three business

men of high repute in Brooklyn told me without reserve that he had

abstracted money from express packages addressed to them and passing

through his hands. When detected by them he had made good the losses,

and in answer to his pleadings in behalf of his wife and children, they

had kept silence. But now that he had himself brought ruin and disgrace

upon his family they had no further reason for reserve. I secured

written and signed statements of the facts from each of them, with

permission to publish if need be. But all this was aside from the

divorce matter I had been set to investigate, and, mindful of the

instructions given me, I made no mention of it in the article.

When I reached the office on the morning after that article was

published, I met Kenward Philp at the entrance door of the building,

manifestly waiting for me in some anxiety. Almost forgetting to say

"good-morning," he eagerly asked:

"Are you sure of your facts in that Amour story--can they be proved?"

"Yes, absolutely," I replied. "But why do you ask?"

"Oh, only because Amour has served papers on us in a libel suit for

fifty thousand dollars damages."

My heart sank at this, as it had never done before, and has never done

since. I regarded it as certain that my career in the new profession I

had adopted was hopelessly ended at its very beginning, and I thought,

heart-heavily, of the wife and baby for whom I saw no way to provide.

"Why, yes," I falteringly repeated, "every statement I made can be

supported by unimpeachable testimony. But, believe me, Mr. Philp, I am

sorry I have got the paper into trouble."

"Oh, that's nothing," he replied, "so long as you're sure of your facts.

One libel suit more or less is a matter of no moment."

Then, by way of emphasizing the unworthiness of the man I had "libeled"

I briefly outlined the worse things I had learned about him. Philp

fairly shouted with delight:

"Keno!" he exclaimed. "Hurry upstairs and _libel him some more_! Make it

strong. Skin him and dress the wound with _aqua fortis_--I say--and rub

it in!"

I obeyed with a will, and the next morning Amour was missing, and the

express company was sending descriptions of him to the police of every

city in the country. It is a fixed rule with the great express companies

to prosecute relentlessly every agent of their own who tampers with

express packages. It is a thing necessary to their own protection. So

ended my first libel suit.

XXXVII

[Sidenote: Later Libel Suit Observations]

During the many years that I passed in active newspaper work after

that time, observation and experience taught me much, with regard to

newspaper libel suits, which is not generally known. It may be of

interest to suggest some things on the subject here.

I have never known anybody to get rich by suing newspapers for libel.

The nearest approach to that result that has come within my knowledge

was when Kenward Philp got a verdict for five thousand dollars damages

against a newspaper that had accused him of complicity in the forging of

the celebrated Morey letter which was used to General Garfield's hurt in

his campaign for the Presidency. There have been larger verdicts secured

in a few other cases, but I suspect that none of them seemed so much

like enrichment to those who secured them, as that one did to Philp.

It was not Mr. Philp's habit to have a considerable sum of money in

possession at any time. His temperament strongly militated against that,

and I think all men who knew him well will agree with me in doubting

that he ever had one-half or one-fourth the sum this verdict brought

him, in his possession at any one time in his life, except upon that

occasion.

In suing newspapers for libel it is the custom of suitors to name large

sums as the measure of the damages claimed, but this is a thing inspired

mainly by vanity and a spirit of ostentation. It emphasizes the value of

the reputation alleged to have been damaged; it is in itself a boastful

threat of the punishment the suitor means to inflict, and is akin to

the vaporings with which men of rougher ways talk of the fights they

contemplate. It is an assurance to the friends of the suitor of his

determined purpose to secure adequate redress and of his confidence in

his ability to do so. Finally, it is a "don't-tread-on-me" warning to

everybody concerned.

Inspired by such motives men often sue for fifty thousand dollars for

damages done to a fifty-cent reputation. It costs no more to institute

a suit for fifty thousand dollars than to bring one for one or two

thousand.

In many cases libel suits are instituted without the smallest intention

of bringing them to trial. They are "bluffs," pure and simple. They are

meant to intimidate, and sometimes they accomplish that purpose, but not

often.

I remember one case with which I had personally to deal. I was in charge

of the editorial page of the New York _World_ at the time, and with a

secure body of facts behind me I wrote a severe editorial concerning the

malefactions of one John Y. McKane, a Coney Island political boss. I

specifically charged him with the crimes he had committed, cataloguing

them and calling each of them by its right name.

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