New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-02
Reading from Hadlel
opinion by Upham, J.
ANSWERING ARGUMENT OF Mr.. BEACH

ANSWERING ARGUMENT OF Mr.. BEACH.
Mr. Beach, should have been content to
have left this question to your HonOrs decision without
any argument had it not been for the abored effort OF
my learned friend and for the general reflections when
he made in the address to your Honor Let us hrSt
See Sir what the principle announced by the counsel
and what would he its effect upon the general rule OF evil
dence because except the doctrine of cOntem
pOraneOus complaints referred to in the last AUTHORITIES
produced by my friend this question Is to be determined
in its application this precisely the to any
other My friend says, Sir, and agree with that
proposition that il could spread before your Honor,
by a vivid picture of art all the intercourse between
these parties from the time of its commencement TO Its
Ubiquitous consummatoi your Honor and the jury would
be able more accurately to Judge OF the
truth OF the accusation made by this issue well sir
that remark may be made in regard to any issue,
no matter what the controversy be between parties
II could presented in all its ramihcations aud Incl
dents with the cearness and vyidness Of high pictorial
art why court and jury could Judge perhaps with more
accuracy than under those rules Of evidence which the
wisdom and experience OF the past nave established
Now Sir that and dreamy and general way OF ar
guing legal proposition dOSs not belong TO this place
and OCCASION We are acting under nd and established
rules It impossible for to get that perfect cOncep
ton OF any case which the gentleman supposes aud
he admits the impOssibility We must get then
our conceptions Of this in suDOrdlnatloh
to those rules and principles established Tor
the administration Of justice; and, applying those
rules what part OF my friends address has any appca-
ton to the question before your Honor They propose
to give in evidence the declarations ofth gentleman upon
the stand and his alleged mistress the wife OF this plain
tiff in hostility to him. He not present; they we're
not repeated him; in form have they received his
approbaon or acknowledgment; yet the accused party
will be- my friends proposition succeeds, permitted not
only give the conferences and the condolences between
himself and his alleged mistress in opposition to the nus
,a,Jo and e., Nip a a known
principle OF evidence; what more, Sir This
is to be done, Sir, after, under this PROOF,
the fact OF this seduction is established.
They propose give these communications between
these guilty parties six months after the wife made her
confession of the adultery. They to be given in evil
dencf two years after the witness the stand made that
confession or a confession Of adultery committed two
years before and what is your Honor asked TO authorize
and approved The parties against whom this evidence
of adultery has been given, sufficient to carry TINS qs
ton to the jury, and upon which your Honor must
Judge they permitted TO give in proof the con-
ferences and condolences between the guilty parties,
in the absence of the accuser, to answer the charge
Well now my friend may be surprised that the objection
should he made testimony of this character on the part
of the plaintiff but Sir the proposition appears to me to
be astounding. Upon what principle will you do f Are
all the interviews and is all the spoken intercourse be-
tween these parties open to examination upon this issue
as different from other issue as between tie parties
Does different rule Of evidence apply to Of this
kind except iii he particular to which the authorities
presented by my friend alludetnar cUltemporaneous
complaints where the wife has been entced from her
husband or deserts her house admit them 10 be- com
peent but this class of evidence offered Sir falls
under such exception but in the presented by
my learned friend, the declaration is made that these
communications between the parties and the DECLARE
lions of the wife not TO he admitted
generally but only with the limitation OF the particular
circumstances to which they applied Now your Honor
has appealed Sir, upon the ground Of truth and
Justice and my friend makes loud sounding nterrOga-
tories why should be opposed to presenting to
this jury all the facts 1t hardly becomes the
counsel, Sir the history of this trial. 10 indulge
reelection Of that character. There has been very little
effort upon the part OF this plaintiff to exclude the facts
There have been very persistent and continual attempts
upon the part Of this defense 10 accomplish that object
that they should prove the fact Of this genemaus visit to
Mrs TltOn. II hechOOses he may prove any other fact
which may be material to this issue, which viii
cnlighen this jury their deliberations What we object
TO is Sir that these antagonisc parties standing to-
gether in communion and confedeIacy III this court
operating against this plaintiff, shall be permitted to give
their own declarations, made in absence in antagO
nsm to us, and ask your Honor to reflect whether
that will be either in the pursuit of law or in the pursuit
Of truth or justice object to this evidence, Sir.