New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-11-14

dressed you como here II your Honors please, "a
common lawyer" differently situated from the learned
gentleman who has addressed you on the part OF the
defendant: and may hope that can present YOU so
far shall attempt any argument in this matter.
temperate discussion. FREQ from those ebuli-
lions OF passion ths specimen Of vndctive animos
which characterized the counsel FOR the deIehse'
and which only Justified upon the theory that
mate friendship and ardent admiration for the dstin,
guished gentleman accused by this action ony Jhsn.,
by his own statement that whatever may be the result
OF this trial. aud whatever may DC tpe Vi
eminent client whom represents he VIII yet whether
he stands or falls. stand or fall with him.
can feel, Sir, q great deal OF Tmpatn amy anu iba
Dart of the counsel, but have understood 1t
TO DO distinguishing characteristics as wen az
selves oniy 70 the advooacy Of what believe to be
Just But never before IN any court or ~ any
case have found counsethis gentleman Will permit
me to say bad and unpriucipled enough-such that
although his client may be convicted III court OF JUS
tjoe by judicial determination OF the Bit
t tSS y wrong and Inc highest social crime
that can be perpetrated IN civilized community,
inaaence srs. make no such profession OF devotion
for the gentleman for whom appear aVow here no
ton which be has made don't assume to say that
Henry Ward Beeohsr has been faithless to hls
this great social crime. 1t would crafty, aye,
and 1t would be the profoundest soiace wnlch c0ud
be addressed to the bereaved household ana crushed
heart If the examination upon the trial OF this case
should demonstrate tho Innocence OF the WIe Oh MS
home and bosom. and Of his former frend-i may say
Companion NY client believes this charge to 10 founded
On ruch Ho is suffering all the agones OF believed
this issue is determined by the final tribunal
Of jury upon the question OF fact. am
tie and social relations and am bound to act Ia that
belief but bound 10 say that the evidence wiz JUS
tfy one or the other at tho conclusion, aud therefore
while am very lenient to the enthusiasm OF my
learned friend; while can excuse nun ior
a maAk m Sn %T shearman: NO Sir; mako
no such accusatiOno Yes. Sir you Old. whenever tue
counsel charges with aection Of professional seq
nf in for the purpose OF influencing
public opinion, he does accuse mo OF disnononng the
feel no enm!ty toward him. because can pardon him
for the dcuson uuder which suffers In this case My
client has questioned for BRINGING TINS action win
the bitterness OF nyective selIon INDUCED III court
Of justice, which would only De Justou III e trld vi
case OF this magntude wneF s us fuii N snIs~
spirit Sir, which l think does not belong
him that he the husband and the father has unneces
sary dsgraoed and dIshonored the family whom he had
does not belong us common lawyers before the
court. He has exhibited my client TO the oppro-
brum and condemnation Of THIS community for assains
the VINO seems alone 10 renect honor anu aus
tncton City OF Brooklyn; for assailng the gen
teman whom he represents as worth al tIe natlolI'
wealth OF Brooklyn, and as by thousand times exce
ling werth OF humble and undisLngushed client
Ianswer it by asking my learned friend what shall
husband do when his household - assaied, and us
peace of mind broken up by wrong or TINS character
What must the husband do when mao Of eminence
and distinction In the community by the sancy oI MS
profession aud DY tllo lnHuSnco VI
and character steals the household, and upon It's
beartistope engraves infany aud dlslOnor scduces
the wife OF his bosom. aud reflects degradation ana
shame upon the children whom she has Uornef When
in court Of justice us brings tno seu1 1 ~, W
tho bar. and calls upon him TO answer Tor tne
grevous and imperlsliaDle wrong Whcn NO mas
committed is he To be tainted and shamed by the ups
of the devoted friend Of seduceri No ST. 1t Is "a
shame TO the moral sentiment or the community IN
which the alleged crime was committedl IL - as
honor to tho and to tho hp which dareS accuse
under such circumstances the wronged husband be-
cause seeks vndcae his honor or TO appeal 10 the
law TO punish the aggressOr OF his hOusenOu .
Now sir, as to the question, who provoked this dis
closure to who IL That made IL necessary lOi
Mr. Tton speak after he hld borne tho anguish ana
the horror of mis- shame aud his loss with Christian
endurance which might well DO Initiated Uy the com
munity; that 70 be considered hereafter II Is not III
for discussing here, and In spirit which initiate tnal
OF my client relraih from such discussion, DC
cause IL Is inappropriate. might retailte ltneed no
common faculty that there are sentiments emo
ions in this which. chose 10 appeal TO the puc
sentiment, would stir and warm the breast OF every
father aud husband. Bat viii not Initiate my Trend
leave all that for more Hitting ana appropriate coca
sion when l hope shall have the opportunity 10
express those sentiments and to utter that maieucoA
which believe this defendant richly deserves
The application involves two Qucsti0as one or powfr
the other of discretion 30 far II relates TO the exeT-
has no power OF review. Inc granting OF oils OF parc-
ulars In any provided for tue code would DO in
consistent with the spirit and provisions OF the code
because peadings and practices nave been slmpi-
fled and this determines the system Dy wnch
we snail governed. TIE Engli ii cases, therefore,
cannot apply here. But the important question III tn
Ia that trial the pihH cannot step beyond
the facts in his bill particulars II II should he
granted. ,,.,. -. ,
the Court, after few words III reply from Mr Smear
peal