Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-06-24

torn up afterwards by Mrs Tilton with her
husbaEd's assent Proof of the contents OF
that paper was ruled out because the writing
was confidential communication by the
Wife TO her husband, and because he was a
party TO its destructiOn; but no charge writ
ten oy Mrs. Tilton could have been evidence
against the defendant that some evening
Mr.. Beecber, with the assent OF the husband
called on Mrs. Tilton. He then obtained the
afterwards surrendered 10 Mr.. Moulton. The
next paper in order is that of January lst
1871. Ii is in Moulton's writing, except the
line at the bottom and the signature, written
by Mr.. Beecher. A question OF fact in dispute
as TO this paper deserves your attention
Monlton says that it was dictated
was read Sver seeeer an denies eea thai
dictaton and that reading as 10 the
do gree OF credit to which these witnesses thus
IN conflict may be relatively entitled. You
are TO remember that they speak of what
occurred at time of great excitement.
They may not have been equally affected,
put, put While the one was pouring out his
other may have been moved in sympathy
The law has tender considerations for an in
trinity of memory thus inherited. Witness
is not expected TO speak of events with GER
fainty as TO the subject thus spoken TO by
those witnesses. You should be prudent i'm
reference 10 mere probabilities. You are not
10 indulge in speculationt, or lightly con-
slider matter which has been confirmed be-
cause II may seem unreasonable. Ii YOU
were asked TO determine question from the
known You would not hesitate, because no
one Is always temperate or master of him.
self Our moods and freaks of temper mar har-
mony OF thought and atterance. Your neigh
Dor may usually have staid quality ofspeech
which so well COMFORTS with his character
that you recognize him by II, but the same
men when unduly moved may have quite
another method and surprise you by the in
cOngruity. You will therefore seek to be
guided by the evidence as given you. Take
first thfs paper with whatever of talent and
IN Srpnp ntrf
secondly, the statements, explanations and
denials. and the fact that the paper was to be
used IN correcting the plaintiffs impress
slons. While Mr.. Beecher was speaking, Mr.
MoultOn was writing, with his assent. 1t
may well be that in the absence of deliber-
ate course of dictation he could only note in
q hurried and imperfect manner detached
ana Striking expressions. You will consider
whether he did so in good faith and with
what degree of success, but if circumSt ances
were no; favorable to the making OF a cor
rect report, had the writer wished To make
IT, they were favorable 10 the invention of
what was written. You are TO consider how
this paper read.
After the Charge.
After the judge had got through reading his
charge, he took up the request To charge and
instructed the jury that the defendant was
not obliged 10 prove his innocence; that mere
proof OF opportunity 10 commit the act was
not proofof the guilt of the party concerned;
that the destruction OF the paper which
was evidence in the case raised the
be uniayOrable TO the party who DESTROYED
IL; that none of the Defendants letters de-
clared mis- guilt, but only commisseration
anC reprOach for the troubles he had caused,
the fact that the plaintiff cohabited with his
wife after learning of her guilt, was i'm favor
OF the innocence of the defendant, the Judge
thought IL was not very. applicable TO this
case, and would not therefore so charge the
jury Were TO take into consideration the fact
OF the plaintiffs six months silence after the
alleged confession at his wifes request.
when the judge had completed his com
nents on the requests To the charge he asked
III counsel were content. and Beach replied
I'VE are, Sir" One of the jurors asked if
there were any papers relating to the case
which could be given TO them when i'm the Jury
room, and Beach said he had no objection.
MI. Evarts stated that there were some pa
pers Which were not III evidence. and Judge
Nelson replied that the jury could have
any papers which they desired relating to
the case Judge Nelson asked the court Off
Ger what arrangements had been made
for the Jurors dinners, and he was told
u at all necessary preparations had been
made. Court Officers Doyle. Spaulding, and
care were then sworn in, to take chargeof
The Jury-to allow no communication to be
held with them, except by permission OF the
court, and at eight minutes past o'clock the
Jury retired TO their deliberations on the case.
Waiting for the Verdict.
After the jury retired the spectators re-
manned in the courtroom, discussing the
merits and dement's of the charges.
Mr.. Beecher. with his wife. sons and dan oh-
ter in-law, and DIR. Edward Beecher and wife
stopped in the court awaiting any inteIii-
gence which might reach them from the
jury, but up to two o'clock no news was
received from them.