New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-17


them advice taking advice from them in regad to this mae
legitimate evidence purpoee Of showing tha'
Mr. Bcechc did undertake TO control the action OF o
churc, but from the first moment left the chnrcn
entirely free take its action; that he consulted
the leading members OF the churh the question
TO what the right course Tor Nun
pursue that he acted upon their advice rather than acting
upon advice this whole which was decided
upon almost instantly Of treating this scandal with utter con
tempt and absolute silence the policy that was not 40 mnch
resolved upon by Mr. Bechcr for his church. 90 resolved upon
by the church instincts TO what was just and
right and Mr. Beecher policy Of silence was appro'ed
Immediately by brethren OF the church upon consultation
Now admit that do think that the evidence upon that
subject that offered by the plaintiff anything very IN
poant do think that It had much tendency to prove e
plaintiffs case, but the plaintiff thought IL hsn.
| Tho plaintiffs counsel brought that all in anu
having brought in do why should not be at
liberty ebut It. bnd to show that there is another side 10
this case and that this action Of the church for which Mr.
Beechcr sought be held responsible action which The
church took upon its responsibility and entirely ndepend
/ en Of it, pastor
Judge Nelson-Of course Mr. Shearman you recognize the
restraint under; rule Of evidence that ia as binding
be- that conversations III the absence Of he
plaintiff cannot be received have no power TO escape from
that rule.
Mr. Evarts- your Honor please present this N may
be allowed TO add a word to Mr.. Sherman )
yiews in the nature of the action OF me
defendant in the Of hearsay evidence or on
the ground upon which that is be excepted to and excluded
understand Now your Honor will in the case OF
criminal prosecution for external crime IKE an
assault "A murderous assault, or anything OF that
kind - IL the Government should undertake to afx
imputaions Of guilt upon the accused person as being
the author OF this crime by his conduct Afterwards
by showing that II he admitted TO bfhe author OF me
assault that he showed guilty purpose consciousness that
made him amenabe TO the criminal law, and didn't excuse him
by the course that that would be legitimate ev
dence recognized all Jurisprudence and by The same
reasoning the Government undertook that which may
undoubtedly certain plan different from thai winch
now appeal toif the Government may undertake to show
his conduct from the Of his carrying impression Of guilt
and consciousness OF guilt why is not much the paric
lar conduct that the Government thus brings in Is the sub
sanve fabric Of conduct after the and then the crmn
Is entitled to rebu any such construction by showing
that presented himself and said and or did SO
and with parties that properly brought within the embrace OF
the inquiry Now it OF that that present
the inquiry and submit your Honor should dispose OF the
question upon that consideration and under that rule of law
which think will its admission We submit it to your
Honor with that They giving conduct after this we say
| why, here, is part Of the conduct.
Judge Neilson-I still think cannot receive this
Mr. Evas-Your Honor will be good to note our ex-
Cepton,
Mr. shearman-I make separate offer Of proof be-
may well do be asking questions. offer to
prove by this witness that at this interview Mr. Beecher in
formed him that this publication was to be made and that 1t
lertonl: Do you object?
Mr. Fulerton-No you are not serious about that
Mr. Shearman-Yes Sir quite serious. If you object
will state my reasons,
Mr.. Beach-Why, Of course we object.
Mr. shearman-I beg read few words from Mr Morris
opening,
Mr. Fuerton-Then that bas become the law Of the case
let us know 1t.
Mr.. Shearman-T don't think it will. but DO take
why did he not denyit? Because denial would have pro
voked contest her part It would have increased the
discussion it would have led an investigation the
part Of his church. and an Investigation would have
been ruin Anything that tended to investigation was
a ruinous defence to him. and that Is what he means
his letter. and so he remains quiet and allows this
story TO go on unconrldicted month after month
for months and at last he compelled deny it. and only
when he compelled deny because Of fear Of more serious
does he hold his and nothing concerning
publication Of the truth fasy Of the story read from
page Al OF the printed book.
Mr. Morris-And very good reading it is,
Mr. Shearman-Now offer to show that Mr. Beeche
the ground your Honor that when charge is made in
opening that have right to meet not merely the evidence
as stands without the opening but the evidence gh
is thrown it by the opening Now, here in Mr. Morris
opening there distinct assertion that Mr. Beeche made
denial. He does merely say denial wa
made in the newspapers he says emphaacaly Mr.
Beecher made denial. He goes on to say
his denial Immediately and he made it to the proper
the Clerk Of the Church. and desired him TO commun-
cate it to the officers Of the Church in meeting assembled and
that this meets all evidence that has been put in
under this opening Of Mr. Morris; it meets that precise
point and shows that Mr.. Beecher did perform his
whole duty by making that denial through the proper channel
to the proper persons leaving the discretion Of the
officers Of Church whether TO make it public or not
Mr. Beach-Of course your Honor cannot control the
counsel making such offers they may choose and reput
able counsel for the object of demonstration which it
will affect or what they suppose to be good pur-
pose choose to present proposition OF evidence
totally without support, pretext Of support in
any law OF evidence with which acquainted why, OF
course we with becoming respect What Is this
nroposon SIR We present Mr. Beecher and produce EVIL
dence OF his declarations and acts, and other proofs
10 sustain our cause Of action. In the course OF
the Investigation 1t turns out that infamous pub
cation made imputing to Mr. Beecher the very
offense which charge against him, and they
propose your Honor in to our action, that
when that brought the knowledge Of Mr. Beecher in
our absence and in confidential interview between him
and his pastoral assistant he denied it, and that NJ
seriously urged by counsel, whose opinion 10 entitled
TO respect OF course, proper evidence before
vour Honor in answer the evidince which we
have produced Now that is proposition, ST. which
do not care to argue your Honor fnd any principle or
rne ~ evidence which uses proof OF that character why
Of course submit TO any ruling yon make about
Judge Neilson-Mr Evarts must make the ruling.
Mr. Evars-Your Honor will be good as 20 note
| ception.
Judge NeisonT make the ruling Mr.. sheaman
GETTING TESTIMONY UNDER DIFFICULTIES.
Mr. Shearnan-Mr Halliday, did you call a meet
ing Of the members Plymouth Church. Of few Of the
bers Of Plymouth Church about that tme A did, the