New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-30


painful and pfu picture OF the deserted and wronged WIFE,
dshonored and crushed by the testimony OF husband In eager
chase after the gold Of his adversary lie has presented s
wife in argumentayo alegory, as listening TO the accu
tons Of her husband hearing the revelation Oh her con-
fessed dshonor published to all the world, and yet com
PEELED to sit silent without possible answer from her
lips to the supposed caumny. But the answer OF
the law is that which | have already given, Sir,
interested in the event OF this sut that her
rights unmped and untouched and she mag claim all the
privileges Of the relation existing between her ond the pan
But that picture Sir has another side VIII that be the first
revelation of her asserted guilt Will the testimony from the
lips Of the husband be the dark shadow which gathers
upon her womanly and wifey character In this or
in any other conceivable OF seduction, Is II
the action like this, the testimony in the action
like this which crushes and ruins womanhood No Sir not
Sir The shame the disgrace the destruction which this vile
suffers and suffer- starts earlier in the history OF this
unfortunate transaction 1t is the husband who reveals
the wfes dishonor it Is the scduce Sir Long before this
action was commenced the dark cloud had ensouded this
wife This action not commenced until that WIFE,
stimulated by her seduce had deserted the house Of her hus
band This action not commenced until that
wife led by that se1uce appeared before his chosen tribunal
and vented her spleen and indignation against this husband
Long before this action commenced the shadow had fallen
that household and happy and honorcd home was dis
tractod and discovered.
The argument does not apply Sir The picture lie not apro
pirate to this occasion this lii not appropriate to any
OCCASION because nyarabe principle that the
dshonor and the which follows the path of the seducer
long before the husband appsed OF his own
dshonor Ii comes Sir in aenated love- comes in neuta-
BILE dscord and contenton II comes at last in the clear
revelation the distracted heart Of the husband OF his we
seduction and dsonor Whatever may be said by Theodore
Ton upon that stand will add ot or title to the agony
the shame or the remorse Of that wife.
MONEY NOT SOUGHT THE Plaintiff
But this suit for money Sir my client is represented as
greedy chase after the gold Of this defendant why ST. u ho'
the counsel know better II not his associate ana your o
know better How long ago was 1t that IN THIS Cause anu
fore your Honor the proiTer was made 10 aoahuon
This action for damages, If my learned ichus wo',u
but press forward their intimaiion Tor noe III
oso-,i,, ,bc adultery Of this defendant with MS
wife Theodore Ton seeks no damages from thS ueIehuant
lie would not stain and burn his palm win MS gol Dul ne
seeks Sir vndcaton The sin OF this defendant has fol-
lowed him with destructive efficacy. This defendant has gath
cred around him the and the condemnation OF So
cety; his fortunes have been Frustrated Those
consequences which always follow in the path OF gni and
especially Of this sim have chung to him with an IRON en
Must he sit silent SIR Is there redress? For the "rohsd
and the violated home does the law ahord no ven
geance Why Sir II is think shame although believe
differ with my learned colleague in that respect Dn'
think it burning shame to the law OF TINS
State and OF every other State where that law
is wanting that the educer may not be pursued a. c
na that RIGHTEOUSNESS Of this character is not punhcdDy TIE
heaviest judgment Of the law it was condemned anu pan
shed by that nfaibe law which knows error But no
remedy given Sir What must Theodore Iion do Must
he suffer the annadyersions Of society: Must he lose
wife and home and see the scducer triumphant
nourishng gloyins in his mpunity the happe man III all
this assembly? Appuse Does the law afford no redress!
None adequate Sir and the only resource left to my client
given him by the Law, this action or to take that other rem
ey condemned by the Of the State but sanctioned by the
common law of humanity which reaches the heart and
,to nd he done
Of standing before your Honor in his appeal for yndcaon and
justice would have been arragned a. criminal and IN dan
ger Of his life But yet my friends rcproach US for bringing
this action "You should be quiet Mr.. Triton; you
should not venture 10 accuse Henry Ward Bcecher
of adultery because Orsooth it duplicates and eliminates
your wife; you lost her love and society has been
won from you by the spccous scdncons of this def ndant
Your desecatcd and di-hOnOrd and your fortunes
withered and destroyed and the seduce repeat goynS
in his mpunty punishment But STILL be quiet; and il
you venture adopt the only remedy which the law gives
eloquent counsel shall hold you up to the and contempt
OF a Court and jury and all mankind
Well Sir my mind there is something excessively rcpus
nan in this idea civil action founded upon seduction. II
hurts the better sentiments Of reyos that aTcc
ton upon which family and home rest and upon which
ciey sd government depend But, when the law leaves
no other remedy than that; aye Sir, when the law
gives the donorcd husband other revenge but that
consistently with its teachings II i'll becomes the ministers
Of the law rcproach the husband who resorts 10 that redress
Now Sir am aware that those thoughts ana remarks are not
pertinent to this discussion They do not belong to the
law of this argument; and it is only because my learned
friend in his specious and insidous way, sought
TO incucate this idea Of disgrace and dishonor from
fact of bringing this action that have wandered
from path Of discussion, for the purpose of
remedying that great mistake ana wrong. This ALL Sir
have to submit your Honor can but repeat the spirit
Of the argument which my learned colleague and myself
have addressed you but mporc out Of regard
for the great involved in your decision Of this question:
out Of regard those great questions Of law and Of public
policy which necessarily involved in the discussion and in
the decision TO examine with deberaon and III the
attention Of your Honor has already been directed TO this
question: decision which shall be in harmony
with the spirit il may call it, Of present civilization
decision which shall stand in rcpugnancc to the principles
which have been announced repeatedly emphatcy by
the highest Courts Of our State.
DEFENSE'S COUNSEL CLOSE THE ARGUMENT.
Mr. Evarts replied to the arguments of Gen. Pryor
no had tho