The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-24


OF me morning shearman was SO close to Beach,
VINO had his back to the table, and looked nalf
pleased, half angry at the turn affairs had taken,
that he could scarcely turn 10 address the Court
without knocking his adversary over Sherman
was pucky as skye terrier barking under the
jaws OF a Newfoundland mastin. The special tors
were extremely tckled and even Judge Nelson
was compelled TO smile. When
PEACE AND QUIET
were once more restored Beach proceeded to say
thar, while he admired Henry Ward Beecher, ne
insisted that, no matter how high he stood as
teacher or a preacher; matter how
eminent his services, past or present.
ne was as amenable as the poorest and humblest
to the laws made to govern, protect and preserve
society," Counsel again alluded to the theory on
which the whole case for the defence rested
namely, the representations made 10 Mr. Beecher
by Bessie Turner OF the cruelties Tilton practised
on his wife and the criminal outrage he attempted
on herself These representations turned Beecher
against Tilton, he said himself, but yet, though
he could easily have seen Tllton ana expos tulated
with HIM, he never once attempted II, and
though he lived for three long years On the ragged
edge OF despair and in the horror OF great dark
ness he never once called on Mrs. Ttlton with or
for an explanation OF the troubles that had fallen
upon him.
ARRANGEMENT OF TRACY.
Mr.. Beach resumed after recess oy declaring he
had one duty to perform, and It was evident he
Was drawing near the end Of his address, while
there a strong susplcisn that General Tracy
was about TO come in for some hard knocks. He
referred to Charles 0'Conor being the head OF
the profession, and IL was painful 10 his feelings
TO have to say word in regard to q single mem
Der OF the profession who, in this particular case,
had oyerstepped professional limits and outraged
professional decorum. When Mr.. Tracy elected
TO go upon the witness stand and assal the char
acter OF witnesses for the plaintiff he had no
choice but TO examine his pretensions as a lawyer
and gentleman. lie was the frst chosen
friend and counsellor OF Theodore Triton
and from him and aso from Moulton and Woodruff
ne received all the secrets they had to give. I'll
ton was unwilling that all the matter connected
with the character OF his wife should be COM
mitted TO the ear OF third party. 1t was then he
exacted from Mr.. Tracy pledge that he would
not become coHnsel for Henry Ward Bsecher, yet
| 1t is seen that alter he has received
THE SECRETS or TILToN
! he is found on the other side appearing the
counsel for Beecher before the Plymouth Church
Investigating Committee, opposed to tbs
interests or Tilton. He is next found as
the sponsor for the opening address on the
part OF the defendant, Iull OF falsehood and
defamation, and when he sees his master
leaps nro the breach and SACRIFICES himself for his
client. To him It was wonder that he tracy
treachery and personal dishonor, and II the pro-
fesson should abrogate che idea OF privileges be.
tween attorney ana client the relation would
mockery and pttfalL Counsel concluded his
arraignment OF Tracy by expressing his regret
1 that he mad been compelled to say anything on
THE PERoRArroy.
In mid, emotional voice and In the deep
4 silence oil the court ROOM Mr.. Beach then pro-
ceeded 70 read his peroratlon. which was eloquent
and Impressive. This done he turned 70 tue Court
\ and paid few well deserved compl lments 10 His
\ Honor. Compliments OF an appropriate character
@ Pas 70 n aaa Gs ad
4 To the transcendant qualities OF the defendant,
\ which, however could not save him from tempta-
\ ton and from falling. he then quoted Whittier's
poem OF "Ichabodn as applicable 10 the great but
fallen preacher. and, with Anew ADDITIONAL words,
/ ended his great address, and sat down amid sup
REQUESTS TO CHARGE
/ Mr.. Abbott then stood mp and said that IN re-
| gard 10 certain authorities quoted by tue plain
/ tin's counsel he wished TO offer q series
Sau mqussS 70 charge; AOo." Is bt ssis
CHIP, ana when he began to quote
5eiS!snsSs smith against SMITH Jones ssalns;
peroratIon made Dy Mr.. Beach, the contrast was
painfully JarrtnQ. sam Morris could stand 10 no
longer, and called on His Honor to extinRush Mr..
/ Abbott, as he was proceeding TO argue when he
had no right to do so. Mr.. Beach next stood mp
coed in the way ne was gong. the Judge, how.
ever, was kindly disposed toward Mr.. Abbott, and
i
but simply state his requests TO cHarge. Much
time was consumed IN this dull work, but the au-
dience patiently remained.
Il THE LAST HALF HOUR
The usual time for adJournment had come and
had passed, bus Mr. Abbott, OF DESCENDANTS conn-
SO still proceeded. As often as the LAWYERS for
the paintin stood mp ana objected they took their
/ seats under the echoes OF Mr.. Aooott's voice as
I he lntonated the familiar words, proposition
\ Twenty-so-and-so." Mr.. Beach writhed uneasliy
IN his chair ana when ex-Judge Morris could en-
\ dare the agony no longer ne arose TO suggest
opponent was large, an adjournment had better
De nad in order mat another day could be given
TO the defence. Mr. beach exclaimed :-"Mr.Abbot
nad better 60 on II he can nnlsh In q reasonable
tons ana tscSnicalities continued. Above the
1 hum OF the audience rose GEAR and not over
confident voice, heard In the momentaIlly more
l familiar words, proposition forty-so-and-so.n
Again Mr. Beach sprung TO mis- ieet and exclaimed,
"iour Honor, this Is an argpnentn and the
calm and spninx-like Judge replied, at certainly
is.n The lawyers locked on aghast The audience
maryelled among themselves Mr. Evarts iolde-
lvlous OF the tempest brewing over his head.
Mr. Shearman was faithful coadjutor or ms
junior and encouraged him 10 read on and on and
on. Now ne sought out aud found q stray sheet
Of the printed matter, which Mr.. Abbott read. New
be whispered wsrd OF caution or OF inspra.
his face with his handkerchief The defendant us
tened attenuvely: the plaintiff pretended not to
formance tue voice OF the reader was heard Ia
the words proposition nftJ-odd."
THE JUDGE TO THR RESCUE.
As Mr.. Abbott proceeded the quotations from
the rulings OF Supreme Court judges became
more copious. aud tue references TO Jaw re-
ports more numerous until Judge Nelson
Interrupted the reader with the remark
Gave me the references only; omit tue rulings IN
former cases.u This acted as a wholesome check
upon the counsel, and amer an apology the read
Ing proceeded smoothly until the END. Mr. Abbott
sat down about ten minutes after Jour. The hum
which had gone around the court room at the end
OF Mr.. Beach's remarks was not so pronounced.
Toe effect OF the reading or the requests 10
charge" nad not been favorable TO the defendant
throughout the court room. Even the most lIn-
partial seemed 10 LOOK upon Mr.. Abbotrs elaborate
enort as a sort OF special plea.
THE PROCEEDINGS.
Al the sitting oil the Court Mr.. Evarts said:-If
Your Honor please, In pursuance OF Your Honoris
suggestion made Yesterday IN regard to requests
TO charge, We have revised the lst that We have
prepared, and though we snail md IL necessary,
as we think, to present some OF them before Your
Honor's charge IL gwen, we shall reserve those
which we think can be suitably reserved. Your
honor IL aware that our learned Trend has pre-
sented some authorities, and We shall present one
or two. Mr.. ADbott viii present them 70 ieur
Honor.
The Chief Justfce-Do not let anything I have