The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-06-25
ByTeIegraph
ASSOCIATED PRESS REPORT.
TO THE DAILY LNTELLTGENCER
BEEcHER.TILToN.
Judge Nelson's Charge 10 the
Jury,

was crowded. Beecher and wife sat among
the Plymouth throng. Judge Nelson
entered the Court few minutes before
the hour Of opening.
Judge Nelson said under the Circunl-
stances he was compelled on examination
Of the afIidavits to deny the application
for reopening the case, and in accordance
with Mr.. Beach's request the papers were
filed with the Clerk OF the Court. The
Judge then stated that the jury might re-
tain their seats II they 30 desired while
he delivered to them the charge. After
congratulating the jury on the approach
ing close OF their labors, and saying that
he had habitually RETAINED from stating
his own opinion on questions Of fact, he
said, II Is your duty 10 accept fully and
without shade Of mental reservation the
rules Of the law stated, but on the other
hand | wish to pay a like degree OF re-
spect TO your great Office. You are the
sole Judges OF tho weight of the testimony
and Of the credibillty Of the witnesses. A
sense OF this reStrains me from comment
Ing on the proofs at large and from indi-
eating to you what my own opinions may
be on the questions Of fact. Your recog-
milton Of that, and your relations to the
Court and the cause, is due to the oath you
have taken 10 render true verdict ac-
cording to the evidence. The moral force
OF verdict depends largely on the fact
THAT ITS THE UNBIASED JUDGMENT OF
TWELVE MEN,
selected from the body Of our citizens and
in the most solemn form known to our
laws, ConseCrated to the service. lie then
stated that tho counsel had extracted so
much testimony from tho III witnesses
that II he was to quote i to them they
would not reach their deliberations until
days hence. The pleading had been stated
In their hearing, and they understood
that the charge Of adultery lay at the
bottom Of it. The judge said some Of the
testimony relates to the principal ques-
ton in issue, some Of 1t to the credit due
to certain witnesses, and some Of It to the
mere question Of damage. The pleading
has been stated in your hearing, and you
perceive that the charge of adultery,
denied by the answer, lies al the founda-
ton OF the case. Upon the issue thus
Joined the burden Of proof rests on the
plaintiff. You are also to understand
that the evidence should be such as to
carry conviction to the minds Of just and
prudent men; should point to actual guilt
more directly than to any other reasOna.
bic hypothesis. The wrong charged in
this complaint might no proved by direct
or by CirCumstantiNl evidence, but such u
charge Ia
NOT USUALLY PROVED or PROvABLE ny
DIRECT AND POSITIVE EVIDENCE.
The reason Is obvious. In most instances,
when under social restraint, an appar-
emily proper intimacy degenerates into
licentious acts, the evil intent and life
put on the garb Of innocence. To such
caSes-to all cases OF doubt and difficulty
the law Of evidence, searching and In
flexible, applies peculiar teSts, presump-
tions and differences, drawn from facts
and from conduct, according to the die
tates Of experience; so that final Y the
question OF guilt or innocence may be
determined by the jury in the light Of
surrounding circumstances.
A few simple illustrations, stated with
reference to case OF this character,
may enable you to understand sufficiently
for the present purpose the difference
between direct, circnmstantial and pre-
snmptiye evidence II witness should
testify that he had seen the actual COM
mission Of the sexual act charged, that
would be what is called direct and posi-
tive evidence. II witness should testi-
iy that the wife and the paramour had
occupied the same room all night In such
manner as tended to the conclusion
that they had slept together, or II he had
admitted his guilt, that would be circum.
stantial evidence. II to letter received
by the defendant explicitly charging him
with adultery he answered, simply say
Ing anu sorry and hope to be forgiven,
or II, on being thus charged in con.
versation by one having an interest
in the matter, he had made no answer
whatever, that, by natural process OF
reasoning would be presumptive evidence.
The Judge said the circumStantlal evil
dencc must be acted on very cautiously.
The evidence bearing on the principal
question, that Of adultery, may be taken
up in It's order, thus: First, As to the
writing referred to; second, asto the oral
admission; third, as to the tacit or I'M
piled admission, and fourth, as to the gen.
eral conduct Of defendant. | propose
briefly to call your attention to some Of
The more mpoftant matters falling under
each Of these heads. Your conclusions
should not be drawn from one Of these
classes Of evidence, but from all the les.
timOny on this branch Of the case conibin-
ed. In taking up the writings referred to
you will observe that the plaintiffs letter
Of the goth Of December, 1875, demand
Ing that the defendant should leave the
pul pit and city was the first open act Of
hostility, That demand was Withdrawn
at an interview on December 30th, 1870.
The plaintiff claims that that was in de.
ference to The wishes OF his wife. At that
time Il paper was written by Mrs. Tilton
in respect to her relations to defendant
and was held by Moulton. The copy Of
II which the plaintiff had, was torn
up after having been read to defend
ant and the original also torn up af-
tetwards by Mrs. TiltOn with her
husbands assent. That June evening
Mr.. neecher with the assent Of her
husband called on Mira. Tilton. He
then obtained the paper commonly called
the retracticn, afterwards surrendered TO
Monlton. The next paper in order Is
that Of July lat, 1871. Itis in Moulton's
hand writing, except a line at the bottom
and signature, which was written by
l}eecher. A question Of fact in dispute as
to this paper deserves your attention.
Moulton says that II was dictated sentence
by sentence and that II was read over,
and Beecher denies that diCtntion and
reading. As to the degree Of credit to
which these witnesses thus In conflict
may he relatively entitled YOU are to re.
member that they speak Of what occurred
at time Of great excitement. While the
one was pouring out his thoughts in
agony Of self depreciation, the other may
we'll have been moved In sympathy. The
law has tender consideration for an in.
iirmity Of memory, and thus inherited the
witness il not expected to speak Of the
events with certainty. AZ to the. subject
thus spoken to by these Witnesses you
shoHld be prudent in reference to mere
nrnbahtIiliss Ynu ara moi 10 indulge