The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-18
THE GREAT TRIAL.
The Position of Parties as to the
Result.
A BRIEF REVIEW OF THE SITUATION.

The temporary interruption to the great trial in
Brooklyn on Thursday morning last, through the
sudden illness or Mr.. Fullerton has opened afresh
all the 1oougates OF discussion ana speculation on
the merits OF the AS the trial proceeded day
by day each SESSIONS developments Afforded mat
ter enough Tor the most earnest and jealous sup
porters OF either side OF the case to combat over;
but in the lull that mas interviewed the whole
ground Is again fought over as In the days Just
preceding the appearance OF the principal con-
testants IN court before Judge and Jury, sup
ported by a host or counsel well learned in the
Law. OF course these outside disputants are
fortified IN their opinions and conclusions by the
course OF the trial SO Tar as 1t has proceeded, and
each side claims advantage so lar. Neither
party admits the possibility OF doubtful issue.
The supporters OF the defendant would be false
to the latin that is in them by entertaining the
bare possibility OF q disagreement on the part OF
the jury, and their estimate OF the success OF tner
espoused cause can only be reached 10y unani-
nous acqulttal. Their opponents, on the other
hand, while not expecting verdict Tor the plain
tin will accept a disagreement as victory. Look
ing at the other SIDE 1t would hardly be justice to
designate the party OF the second part as referred
to In this connection the supporters OF the plain
ti. The position OF this party Is very anomalous;
for while the great majority oil 1T VIII argue the
case against the defendant as zealously II not as
ably counsel may, 1t Is not SO much Tor the sake
OF the painti In the as TO establish their own
theory OF iC.
The proceedings OF Wednesday last are accepted
by the ntiBeecherites as the first indication OF
weakening OF the line or defence. Fullerton's tao
tics in dealing with tue "contrltion letter" are the
principal theme or comment and the ground he is
supposed to nave gained thereby. No sooner hao
he brought the defenaant within point range be-
tween two fres-one the letter or contrition, writ
ten on the lst OF January 1871. entrusted In con-
fdence 10 Frank d. Moulton,n and that "irlendy
conndencen on the Sabbath DAY, and his letter
from PeeKskill to Mouiron IN April, 1873, when,
after depicting the blue skies and the opening
flowers and tue encouraging prospect, he says to
Frank that Tllton's publication OF ''my letter to
you 1.-THE contrtoa letter. would be as
damaging to him as 1t would be to
men Here Fullerton's opportunity presented
ITSELF The point offensive and delenslve-the
necessity hold 1t at all hazards, and the advan
tage to be gained by rendering 1t untenabe, mad
become apparent to all IN the court room, from
the sklrmlsnlng OF Fullerton leading to ms direct
advance. The point Was the DEFENDANTS denial
that this letter OF contrltion was his composition
or dictation. AS q W mole he mad merely suggested
here and there lew words-expressions OF his
feelings OF regret at the injury he had done TO
auslon to 'lmproper advances" or Improper
Solicitations or the humDllng of himseli before
Tneoaore In tile sense conveyed therein being en-
trrtalned or contemplated by HMM TACT, de-
NAL OF the letter OF cunLriiIon OF January, 1871
lie neither understood me paper as letter OF u
declaration from hm to Moulton. linen Fullerton,
WITH one oi those omlnous pauses-wnlch MAKES
his next attack 10 De so dreaded-opens ms second
line OF nre-tnrough the Peeksklll letler MY
letter 10 your lcOntrltlon letter.. Here came the
turning point OF the uay's COMBAT. how did you
come IN your letter 10 Mouiton OF April, 1878, TO
designate TINS contrltlon letter your letter TO him
(Mou.ton)Y reply, Il can't teli.o Now Fuller
TOMS admirers saw that ike good general, from
a legal standpoint lie had galneu enough for one
DAY. Another % HIS pauses-and then, with Twill
OF his GA ses, he lntimated 70 tue court tnat ne
would take up the letter OF retracuon scene IN
TIlton's nouse-too long to Degln-and an ad
joarnment followed. NO adjournment OF the
ings was marked with any tning like the excite
ment that peryaded the audience that crushed
and Jostled out OF the court room last Wednesday
evening. Tne proceedings had reached
A PIVOTAL POINT,
ana all felt IL or seemed as II they knew II. What
ever quotation WIS evlnced on one slde mere Was
no feenns oil rspulse or disaster exhibited on tue
other. After comparing notes ana retiring In con-
ndelce to await tue next days attack either side
lett just about as evenly divided To wnicn mad
toe advantage as IN Concord and Lexington as 10
which beIongs the glory Of firing that snOt that
mas been heard all round the woriu, met IN re.
doubled iorce. Then came the announcement OF
FuleItOn's illness ana tie motion or ADJOURN
meut winch was granted. Inc disappointment
OF the audience was Simply intense. A Gladiator OF
ancient Rome lmmoatins himself IN the arena
ampnitneatre might pernaps oner parallel, Dut
nothing short Oh that.
was all legal ncuon. Neither side believed in IL,
but Doth uaa tneir own theory IL. Tue Iilton-
ties SAID tnat ne wanted us great potnt-maue on
the coutrlIlon and feeksRul letters-to be IN
wdrdJ dI9ested oy tue jury. Fullerton mad
DOUBTS OF their capacity to Ioliow w ais attack,
aud That, instead gaining 10y a resn victory,
he might have 10 exclaim, IKE the Gfeclan gen-
era wnen congratulated upon victory over the
Ronaus, Yes, Uut another victory like that may
de eat me.n On the otner nand, the beecnertes
saT That tGe vertigo was caused Dy tins TACT that
Fullerton nad gone lar as lie could 20; that he
has reached the limit OF ms powers and there Is
no Dey nj Tor MIN; that he Is axe "A VINO uas
undertaken 90 mucn, aAd. having accomplished
Dut very small paIt OF the task, loses his mead IN
contemplating wnat lies before hIm.
WHAT Is COMING.
Rumors are rlle Ia OLner directions and In other
phases vi the case. IL - pretty certain that Mr..
Beecaer's cross-examlnaIon will be concluGed
during the coming week IL Is also on tue tapis
that Florence luton wni be pat on tue staud Tor
the palntIn ana that some additional proof as TO
Mrs. Intons confessions Wll DC gwen. Tue testl-
mOny ON THIS pont, n IS said, was given IN sub
stance BY Florence TO MIS-. hOultOG, but iOr good
reasons 1t was not volunteered by That lady nile
sue was on the STAND nor Was It sought TO De
elclted from her by counsel Ihen Mr. Cal penter
VIII be called Tor tue plaintiff TO give MS version
OF tue projected int rview at the Parker House
Boston, WnIcn Mr. Beecner, on second thought,
oecnned TO attend, sen0Ing as hIs proxy Mr..
ten declned 10 negotiate IN the matter At issue.
Tnls yet uncedred phase OF tue case VIII thus DC
brought TO ilgni, and the wnoie OF the picture,
u j.
VIII, no doubt, IN due zine, become GEAR per-
lect day-a contamination most devOuuy to be
wished.
THE HALF PROVED ALIBL
But the end Is not yet. Aiter Mr.. Beecher re-
tires rom tue stand II Is expected that Mr. Cleye
land Will take his place. he testimony Vi TINS
gentleman was 10 De taken Oene eSSe, but Judge
NellSon, who mas consented 10 nave tue state-
ments OF tue witness taken In MS presence, could
not. after the labors vi court duty on tue trial,
give MS evening hours To IT, ana as objections
were raised 10 the testimony from tms 70 time
IL Thought better TO ueSlSt and To call Mr..
Cleveland whenever he was a0Ie TO attend.
Mr. Cleyeland's testimony will be IN corrobOra-
tIon or support OF testimony already gwen as
TO Mr.. Beecneris WHEREABOUTS on the morning OF
the interview described BY Mrs. Moulton a. nav
ing taken place between Air. Beecner aud herself,
at wnlca time MIR. Cleveland Will swear that Mr..
Beecher was win am m the ofce Of the Chrtstian
JHaOH. Many more points OF Importance will be
brought out on AIR. CleVelanais examination, as
after the mutual trieuap business was y aged
out MI. Cleveland came In as Beecher's chlef proxy
Ia all the attempted negotiations Tor peace, mercy
ana forgiveness tndt leu hat upon the oOdurate