New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-24


ming "A matter of literature and church and minis
teral history the publications authorized BY that gentle
man. of his views and declarations from the pulpit
and make them Sir these quotations, not % evidence
this case, but argumentative illustrations OF tne
contrary theory which presented upon the part OF the
plaintiff.
Mr. snearman-wer If your Honor please. respect
fully insist upon our objection this Ihave taken
pains to examine these citations far rs any oppor
tuniy given by reference In the learned eouhseis
speech and In every instance have found these QUOTA
tons to beAncorrect / found
Mr. Beach-One moment, Sir object TO the gentie-
mans nterruptIng me with statement OF that kind.
Mr.. shearman-I am raising question OF law
Mr.. Beach-That ia not question OF law.
Judge Neilson-I will be happy to hear you after tne
counsel IL through.
Mr. shearman-But, your Honor, am objecting to
anything further In this ne and object to II on inc
ground that statements already 80 entirely moor
rect to justify tho strict enforcement OF that RUE
which otherwise We might have waived; ana we
respectfully object to any further reading or statement
purporng to be correct upon the ground that the law
does not permit It, and upon the practical ground tha
thus far they are entirely Incorrect or unfounded
Judge NeiIson-Of course the paper, whatever 1t may
be- book Newspaper letter. can only be rsad ey way
of illustration and helping an argument II 1t Is the
paper book publication of party to the suit there
great danger that the jury may conound the lustra
ton with the actual evidence.
Mr.. Morris-They object to their own medicine; that
Is all
Mr. Beach-why, the gentleman assumes to say that
the quotations have made from the sermons OF Mr.
Beecher are in every instanco incorrect
Mr. shearman-So far as have noticed
Mr. Beach-And upon what authority he assumes 70
gay 1t am unable to conceive.
Mr. .Eyarts-Eyery instance which he has examined.
Mr. Beach-Every instance he has examined l don't
know how far he has examined, Sir There s, Sir the
printed extracts from my argument lexhibting some
papers giving the several quotations given by me- ana
tho reference to the Sermon book and the page from
which each ia TAKEN and challenge the gentleman 10
show any error in either Of the quotations
Mr. shearman-very good. your Honor
Mr. Beach-And this is at his service II he wishes H.
Mr. shearman-I accept the challenge 80 far as any
references have thus far been given
Mr. Beach-Well, go on.
Mr. shear1nan-The first one is this invitation to the
communion which justice ought to be read In full
Mr. Beach-That Sir, have explained and object 70
the gentleman reading the quotation In full My argu-
ment be interrupted Sir, by this sort OF necoh
of a speech on the part OF the defendant.
Judge Neson-will the audience please keep silentf
Mr. FulIerton-Point out the mistakes.
Judge Neson-The learned counsel, suppose, misuh-
derstood yo Beach have suggested that they nave
this opportunity after your argument is closed ana you
made observation which would be understood as hdr
eating that he might do IL now.
Mr. BeachHe may point out any error now that nave
fallen into, and any msquotatOn. But all else oD-
ject to.
Mr. shearnan-If the gentleman allows me- then pro-
pose to go
Mr. Beach, propose that the gentleman shall do 1t
properly and ORDER Sir that he shall not read long ex
tracts from tho sermons OF Mr. Beecher which did not
read or pretend to read The question whether read
ANYTHING from the sermons Of Mr. Beecher naccuratey
or falsely.
Judge Neilson-After you are through he will have a
free opportunity correct error you fall into IL
would not be quite proper TO allow MN 10 extehd quo
tation, introducing new sentence
Mr. shearman-what desire to know, your Honor, Is
whether the gentleman extends his challenge to me now,
or whether he prefers that should wait until after he Is
through.
Judge Nelson-I think the appropriate time is after he
is through.
Mr. shenrman-Does the gentleman withdraw the chal-
lenge to do 1t now lLaughterl II he does not pro-
pose to 60
Mr. Beach, am not 80 terrified about II, ST. lthhK
shall stick to my challenge.
Mr. shearman-what does your Honor decided Will
you allow me to accept the challenge will you notf
Judge NeilsonI think the proper time is after he is
through.
Mr. shearman-very good. submit to your Honor's
ruling The gentleman will me II interrupt at
any other OCCASION because we shall make this the point
OF an exception II the gentleman goes reading quota
tons that not In evidence.
Mr. Fullerton-So did you read quotations.
Mr. shearman-we have not read anything that Is not
IN evidence.
Mr. Fullerton-They read from Mr.. Kinsea's paper an
editorial which not in evidence.
Mr.. shearman-It was In evidence.
Mr. Fullerton-It was not.
Mr. shearman-Your Honor knows II was in evidence,
and II was marked in evidence, in full.
Mr. Morris-Your Honor knows 1t was not In evidence
Judge Nelson-It was not; unless it written by
the plaintiff could not receive 1t In evidence.
Mr. shearman-The learned gentlemen did not object
to its being received evidence and did not give 1t
In evidence. II Is too late for them to strike IL out
Mr.. Beach-That is not
Judge Neson-Will you proceed with your argument 7
Mr. Beach-Yes, Sir; after have asked your Honor
kindly to consider. whether the intimaton which you
have given that Mr. Sherman, or any other gentleman
upon the part the defense may at the proper time be
heard for the purpose Of correcting errors In fact
will Justify renewed argument upon the part Of the de-
fense
Judge Nelson-Oh, no, Sir; not any further quotation
even.
Mr.. shcarman-wen I wish your Honor to consider
before you state that because the correct quotations
must be given to correct the incorrect suppose
Mr. Beach-Not additional quotations, suppose, Sir
Judge Nelson-Oh, yes; that is what mean-not adj
ditional.
MR.. BEECHER ON THE LORDS SUPPER.
Mr.. Beach-Upon this question as to the
creduess and solemnty attached by Mr. Beecher to the
institution of the Lords Supper, read extract from
sermons called the Second Series" from page 1862
Mr. shearman-Your Honor will please note that we
object to the reading OF this extract not in evidence
and entirely incompetent and intended to influence the
Jury without being put evidence and giving the oppor
tunity Of explanation.
Judge Neison-It will be noted that in each instance
where he reads anything Mr. shearman you have an ex-
cepton.
Mr.. Evarts-Yes Sir.
Judge Neison-At the same time 1t is understood 1t Is
not evidence; 1t is a illustration.
-Xou Ifonor will nile NOTE