New-York tribune., 1875-02-26
THE LAWS BEARING ON THE CASE.

be defeated First the charge Of adultery TO be tried by
rules applicable to crmes That the first important rule Of
law gentlemen 70 which desire 10 cah your attention The
charge involved here in the nature Of crime the burden Of
proof upon the prosecution and they bound make
their beyond reasonable doubt s for this de-
endant TO prove that he is not guilty OF this 0ense IL for
the prosecution TO that he A Az perceive gentlemen
from the nature OF the 1t is where Affirmative ev
dence Of innocence impossible except testimony OF
the party implicated No whoever he be- charged with
sueh Oense this introduce Affirmative evidence upon
the witness stand that he is not guilty OF the oebe for
impossible for any witness himself tesy that he did
not commit it, Wherever such accusation made against
any man or woman residing In the city running
long period OF time you how utterly impossible it that
witness could upon the witness stand and say OF
my knowledge know that this accusation s untrne"
Select the most esmabs within knowledge gentle
men, and bring charge against him. let any character how
worthless charge him with having visited houses Of III
fame for instance the city OF New York during period OF
sixteen months he has resided in the city Of New York
during that time what he do In such charge
that but to it untrue and rely upon the nsuciency Of
the evidence establish his guilt utterly impossible for
him to call witnesses upon the witness stand who that
this did not visit these houses he do that from the
very Of the It attempt prove negative
which it very difficult under any circumstances to establish
From the very nature OF this therefore ali this de-
fendant when he accused Of this crime committed with lady
who his acquaintance whom it is admitted he frequently
when accused Of that ofense all he do ntepose
his Of denial and rest upon mis- established character
which he has made during the last thirty years your midst
and YOU Gentlemen the evidence which introduced
before you establish my guilt unworthy Of your belief
be removed from all suspcion be evidence
free from doubt be evd that carries home to
conviction Of the truth Of the oense charged
you bound by the Oaths you have taken render verdict
here for this defendant
The charge Of adultery not in courts OF JUS
ee II matter OF frequent and the rules OF law
which Judicial experience has established in order ascertain
truth this class Of well defined and well under
stood by the lawyers This charge may be established
by direct evidence of witnesses who the act
need not say to you gentlemen that there no such evil
dece pretended this Second may be established by
crcumstana evidence leading esistaby 70 the conclusion
that the act has been There evidence worthy
the which falls under that head in the now on
trial These parties have been acqua nted gentlemen for
twenty years twenty years nearly this lady has been the
Theodore Tton. During all that time she has been
Of the Ch ch Of which this defendant is the pastor
During all that time they have been acquantnces and friends
during all that time up within the last four years at least
pastor and the husband the most intimate personal
friends he visited that house at the solicitation OF the
husband the acquaintance and friend OF that family
his solicitation and beyond that fact the fact that he
came TO house Of the plaintiff at his request there
not circumstance worthy OF credit here which
tends TO show in the slightest degree improper fam
AA"N"
THE PLAINTIFFS EVIDENCE WEIGHED AND De
CLARED WANTING.
The plaintiff accuses his wife now, and seeks 10
but during all these years he is unable to lay
his hand upon single well authenticated fact which conycs this
whsoued Of the slightest improperly OF conduct IN
connection pastor viii be said that forget the
eydencei be said that do remember Kate Carney,
the woman brought the azar house OF New York CITY,
reekng prostitution and disease twice its inmate within
three months discharged everywhere she has been employed
inoxcaton improper conduct who teses to the
fact that on occasion she saw this plaintiffs
wife sitting upon the of the defenlanti Gentlemen,
shall not insult your good suppose that twelve honest
minded would blast reputation such as Henry ward
and Of Of the character that this plain
TIFF gives wife for twenty years upon the word OF sueh
Kate Carney-Carey; carey ls the name Oee'e'
or Smith; which is nf
Mr. Shearman-Smilh Carey alias Smith.
Mr. Beach-She gave Kate Carey Smith on the
stand
Mr. Tracy-she gave her name believe Kate Carey on
the second time we found the alas.
Mr. Beach-The minutes show it.
Mr. Tracy-Very WE'LL we won't quarfe oVe- so small eH
cumstance as that.
NJ Beach-Then it is not worth while 10 missiae it,
Mr. Tacy-Then gentlemen does that circumstance
amount to ii is true What the facts connected with
her testimony which shows the mpooaoy OF the story that
she tells hersef Why she says you, gentlemen that she
came down into the dining day for drink Of water
with the doors the house all open IA You Will remember she
made them partly closed but afterwards she said the
folding doors the dningroom and The parar were
standing wide open and she walked in she the plain
s wife sitting upon the Of the defendant and she
heard him say Elizabeth how do You feel' and She
said: Dear father So So" [Laughterl Well now
gentlemen, you only needed that last e1-
n,css,ou 10 show that this matter
that was coined from the brain o this simple minded woman
It Dataa for her TO have addressed her priest by the
-, afa Not hig MI
wife her minister she uses the same word that she
would have used had been addressing her own that
slight circumstance that enough 10 show the improoaDy
Of the story which this tells upon her own showing
But shall not dwell upon that gentlemen 1t is unworthy
epeat Of the serious confederation Of twelve honest men,
There anothef cTcUWsance Which am not permitted 10
forget not on account Of is mporce S eVllehce gehe
men in this case for as such 1t but on
account of the exhibition which made by the witness on the
witness stand who testify TO it. refer to the brother
OF this plaintiff WIFE who said she was his only Sser and
how highly regarded her came into Court company win
this plaintiff knowing and realizing and telling you from the
stand that he knew nothing OF his knowledge that could
affect the reputation OF these parties unless he should be per-
~ ~ make speech 10 you the witness stand and con-
meet with what he what he had heard from such women as
Kate Carey other peopeprostutes male and female alike
II he cou these mors and these stories ha ne d
heard then perhaps his evidence would have some hcance
bu he knew perfectly WELL and realized it, that II he was per
ed to testify only to what he had seen, 1t amounted to
nothing against his sister And yet why did he come heret
Wbyy He was under no obligation to here. II he had
told the plaintiff he told you that he never had seen any
thing that could testify against his sister rather permit me
to saw that he had told the senior counsel OF the
plainG instead Of plaintiff, that what he had seen
opd amount to nothing woud have been excused but
he coud come here and permitted make speech against
mis- sister then he might possibly influence or prejudice your
minds against her Now what the story he todf He says
that on one occasion-when he don't know and cannot tell
he went into paor Of his sister one morning. and on open
ing door Mr. Beecher sitting In cha and a" his