The New York herald., 1874-12-29
mircrsune N TIM ease shss no two ot the counsel

Judge Neison ismllng) remarked that there
standing cited as having existed among counsel
In Dickens work, 'Bteak House, In the case OF
Jarndyce va. Jarndyce. Tne parties could not
converse q minute without dispute.
fhis Judicial Joke elcited considerable merrl-
Mr. shearman, upon resuminr his argument,
said that Mr.. Pryor had said they had decreed
their cenvs lMr. Tiltonl defeat IN advance H., Is
the laws OF nature and OF God operating upon uin,
| and making him afraid TO come into court when
he has to come to . manly and square nattle, he
strut across the stage OF Ire, with one blow ne
could crush the man whom ne hated out re iounu
out his mistake. He found that the man stood up
stronger than he ever stood, and that friends,
| who before would have given him money, would
| now Law down their lives for him by thousands.
| Yhey accepted the concession OF the learned gen.
tleman snat the conviotion OF their client Dy real
| evidence, and in the judgment OF GOD, would be
terrible calamity This Is no trivial cause, and 1t
deserves to be treated with dignity and TO be
examined with care. But they feared no calamity;
thsy had no apprehe nsions on the subject. No
matter what the decision OF their Honors might
battle out II they could only persuade the plain I'M
to stand up long enough 10 receive their oiow5.
Their client lMr. Beecherl needed no uon,
and no possible result which could take place IN
that tribunal or any earthly tribunal could make
any difference in the ultimate late OF their client
Adultery mas been favorlte charge against cler-
! gymen from the beginning oil Chrlstendom to the
present time They found among these cases
many convicted by tribunals, bur no case OF
clergyman was found who stood up Ike man
and asserted his innocence and whose people
| stood by him, whose name does not shine brighter
than ever, while the memory OF those who at
tempted to convict hun rots. They asked no
'O' " Ills ms v1sDIoArIoN uAs CONE.
His vindication is IN the hearts Of his people,
ana could never be shaken by any adverse result.
| They had heard something aOout skulkIng behind
| technlc alltlea, but MOTION which is made one
month before trial and is too late because Ii was
| made before notice Of trial served is not
skuiklng The counsel tnen proceeded 60 review the
purely legal questions involved LII the case, and con-
tended that II was not merely IN the power of the
Court grant the order for the bill OF particulars,
but that In the exercise OF wise judicial dscre.
tiOn the Court was bound 10 grant such an order.
Judge Nelson Interrupted, saying ne was not
prepared TO believe that II rests with the Court OF
Appeals to make any sucn direction.
! Mr. shearman qualified has assertion and said:-
The counsel on the other side did not particularly
which he intended TO oner specific proof at the
trial, but he thought there was some peculiar and
magic effect OF tins bill OF particulars which would
shut his general evidence. he seemed to
thnk n he could prove course OF general cohab-
itatlon between the defendant and plaintif's wife,
mouse during two years. he would not be entitled
to the legitimate efect OF that evidence in cOnse-
queAce Of this bill OF particulars. There could be
DOUBT at all II tney could prove that defendant
and plaintiffs wife had lived together In the same
house and occupied the same room during two
would be entitled 10 ind verdict Tor
paa evoens me oeenoe coua the1s any
was nothing III this order 70 prevent their doing
1t. There was nothing IN the order that limited the
effect OF the evidence OF the plaintiff In any way.
1t limited the evidence. It limited smpiy the kind
Of evidence they might produce Well. now, sup
and suppose they went 70 trial upon the facts as
they were, with the stipulation on the part Of the
except such as was mentioned in the plaintifI's
affidavit. The plaintin would then claim that the
lust Ine same , Hr sSearman me peld that with the
bll OF particulars the evidence OF the plaintiff
would have full effect. But there must be evil
dence that the alleged adultery TOOK place some
where on the nabitabe globe 1t might be thar
the defence would OBJECT to the Introduction OF
theory that there can be sort OF spiritual adul-
terry without the parties ever meeting eacn other.
He had heard the proposition advanced by
gentleman who certainly desired to be considered
sane, that adultery could be committed by parties
who were forty miles apart They proposed TO go
Of ahe body Pant had ALREADY sworn o. that ns
Knows OF no dates except the 10th and 18th OF
October, .1ses. He is at liberty TO name any
lected since he made the complaint: This order
limits him as to general evidence, which, he says,
dence OF general intimacy all TINS VIII have Its
effect 1t was but fair that the paaintif should
the jury to come IN ana say that they believed
there was adultery OF the soul, and thereupon find
ARGUMENr OF MIR. BEACH,
Mr. Beach SAID the defence made much OF the
adultery Of she soul We shall produce the sorrow,
that confession why should they not expect to
! by the defence showing Jnat they expect TO inru-
ence the Court py professions OF religions falsh.
pastor regardless OF thus trial He said IL do not
admire such Cnlnese mode Of warfare, with gong
OF bill OF particulars will be to hamper US as we
complain. How can we specify more clearly than
we have done under oaths The delence are guarded
against surprise by oath in the complaint. We are
ready to produce bill OF particulars in thirty
as Does the aeience desire SaGo 10 su
out such testimony as ls proper to establish our
case not, why dld they ask M the other day ior
as relates to the two days mentioned But my
learned friend has been very much distressed
nv tpaf might fhaf tha for
tlon Is dissentient This Is not 30. We are agreed,
and have been from the first, as TO our line OF &C
from such illusions shall be personally very much
obliged. Mucn IS to be pardoned TO the learned
genternan's enthusiasm OF friendship. According
TO him MS client is vnoicated and is to be vindl.
Gated hereafter. should be the last man TO re-
gret II the trial should demonstrate that Henry
" ard Beecher is innocent, and should expose Mr..
TntOn to righteous retributi0n Mr.. Beecher
may be innocent, but think that he is entitled TO
no such heroic character as Is bestowed upon him
by counsel. His first step in his defence was to
asperse the lady IN the case with adnlterous fore
Mr.. Snearnan arose and said-That Is entirely
untrue. Mr.. Beecher said that II he should do so
he should have deserved to be kicked out OF crea-
ton. He has always expressed himself as enter
tainlng the very highest respect ior Mrs. Elizabeth
did not Impress TINS respect OF his upon his com.
mittee. Alter some further sharp talk between
counsel Mr.. Beach SAID, III prove, after the con-
fesson, that on one occasion, under circumstances
the most suspicious, Henry Ward Beecher was
seen. az one A. NJ, IN Theodore Tilton's house, in
the latter's absence. and coming from 1t under
circumstances OF conceaLment, is that within the
rulinRfr
General Tracy-Wny not put that in your bill OF
particularsf
Mr. Beach-Because under the bill OF particulars
evidence showing the state OF familiarity between
the parties would be excluded. II prove by wit
nesses that during the plaintiffs absence IRON
home, In the lecture season, the defendant was
every day and for hours in the plaintiffs house
under SUSPICIOUS circumstances, this Will all be ex-
cluded The confession does not mention specific
dates Ought we, when we evinced our willing
ness to make the defendant acquainted with our
whole scope Of evidence to be hampered in this
wayS
At the conclusion OF the argument Judge Nelson
SAID that mis- associate and himself had arrived at
pretty definite conclusion In the matter, but
they would not render their decision until eleven
O'Clock tomorrow (Tuesday). The order would
then be modified, II not set aside.
The Clerk OF the Court, Mr.. Knoebel, was directed
to draw panel OF 500 jurors to enable the trial to
proceed the first Monday in January.