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

erred; think he has committed proressionh ""u pei
sona error but know that no has done 1t against my
sanction and Il certainly will not diminish the feeling
that have hitherto entertained for that gentleman
And trust that nothing shall say will embtter tne
sentiment of that gentleman toward myself because ne
must know that my utterances are extorted by my
position. I repeat that Mr.. Tracy offers himself AS
witness In this In direct and unwarrantable contra
dictOn upon material issue In the case 10 tnreo VII
uesses namely, Mr.. Triton. Mr.. Moulton. and krankn
Woodruff Whatever you may say or think III regard W
Mr. Tilton or Mr.. Moulton, think may point
TO tho character and reputation OF Franklin
Woodruff as entirely unassailable and estmable-
occupying position In this community a. one OF those
honorable and enterprsng merchants 80 hghly iauhed
by my friend Mr. Porter, as gentleman OF puhc spt'
OF personal purity and morality OF respectabity OF sta
ton, and Of conduct which exas him above all unkndly
criticism Mr. Tracy, after those three witnesses had
testified that Theodore Tlton in tho interview with him
did charge tho oense OF adultery against Mr. Beecher
after those three witnesses had deliberately and directly
testified that Mr. Tracy had counseled under the crcu
stances policy of silence and fasehood, chooses TO be-
come witness In contradiction Of their statements Inc
connection of Mr. Tracy with all this transaction IN is
irregular beginnings and in its more methodized ga-
ton Ia not IL seems TO me- very complimentary He has
face and versatile character. reforming several parts
I'm this drama and performing all Of them with equal zeal
and abandonment He is first, the chosen friend and
counselor through Mr. Moulton OF Theodore Iiiton Le
meets the two In company with their friend Wo0drnn AZ
adviser upon question Of very great importance to Mr.
Titon and no receives from them full and free COM
uncation all their secrets relating to that particular
transaction There was scruple about the con-
fdence which was thus bestowed upon Mr. Tracy Theo-
dore Titon unwilling that the facts aneeting inc
character of his wife and his family and disclosing the
full nature OF the association between MI Beechcr anu
Them should be communicated to third party-to Mr.
Tracy And with that prudence which generally charac-
In A
this affair he cxacted from Mr. Tracy his pledge OF word
and honor that he would not under any circumstances,
thereafter become the counsel Of Henry Ward Beecher
In antagonsm TO Theodore Tlt0n. Mr. Tracy does not
deny the pledge either in spirit or In terms And yet
we SEQ him next after having possessed himself OF the Sc
crets of Mr.. Tilton and received his views and his
declarations in regard to this lamenable affair." under
this pledge in close consultation with Mr. Beecher and
his other advisers in regard to the organization OF a
committee which is to judge as between Henry Ward
Beecher and Theodore TitOn. And, after organizing
that committee he appears the counsel opposed to the
interests OF Tton before that body and as the lead
ing and controlling spirit OF those proceedings And
then he appears in this action, active interchangeable ma
gnant engaging in the crossexamnaton OF witnesses,
bearing his full part and responsibility in the discharge
of professional duty and then the deliberate sponsor
OF the opening address for the defense In this cae fu
of anmosty Of denuncation Of untruh, representing
his former friends aud conhdants In the most odous OF
all lights and in tho most and reprehenslble IAN
guage And not content with this, when his master Is
ove1borne by three witnesses, by all the evidence to
which have from time to timo, alluded In this case.
when the stress of this controversy bears apparently with
crushing power upon this Defense Mr. Tracy leaps In the
breach or rather into the gulf and sacrifices himself for
the defense OF his client The question Is whether
this position In its professional and moral aspects
justfes the hope which could alone have prompted
the action, that the word OF Mr.. Tracy, like the
word OF Henry Ward Beccher, is to overbear
the honor and oath and testimony Of three men equally
as credible themselves and to whom honor and rep
utation and fame dear as to Mr. Tracy or Mr..
Beeeher My learned friends announced that ii I'M
der their suggestion and with their approval that this
course was pursued by Mr. Tracy Both these gentlemen
know that the ranks OF professional or social life there
are no two gentlemen to whom my respectful affection Is
more freely and literally rendered than to them. But
differ with them. differ with them in regard to tho
question professional proprety and OF personal honor
and manness And IL is to matter Of great pain and
surprise that they should bayo approved or counseed
such an exhibition OF what conceive professional teach-
cry and personal dshonOr. (Applause.l
Judge Neilson-One moment; Mr.. Rogers, spread your
officers about this courtroom and arrest tie first
you SEQ making noise. will submit to no such treat
ment from any person.
Mr. Beach, should not have ventured to disagree with
gentlemen so eminent and respected upon my ideas
of right But had been instructed for long that
the life and the honor OF profession consisted In its
fidelity to its cause and its client had been taught to
believe that the pledge Of man and gentleman was to
be redeemed under all conceivable circumstances, and
had taught by the elements as well as by the judi
caure OF our profession that no lawyer who under the
privilege attaching to the relation Of attorney aud client
had received communication OF the secrets Of that client
could law, in justice, anywhere, without the per-
mission of that client mako a disclosure OF them :
that the power of the law, which Oyerreaches
and treads down nero sentiments and sym
pathies and looks only to the administration OF
Justice according to its known principle that the law
could not extract from the honor Of the profession the
secrets Of the client.
II your Honor please, the principles and the privilege
to which allude have the appreciation of the earliest
authorities and sentiments OF profession Justnan
declared in his Digest Of the Roman Law, Mdndatis
c1ptatr ut pr6stdcs, ne pdfront IN cdusd cui pdocnu
prestitertnt estimOnium dicant as rendered. 1t is
prescribed In the rules that the presiding justices TO
see to 1t that advocates do not bear testimony in any
case in which they are engaged" The most distinguished
French nrst Of the last century, NJ POthier. comment
ing upon this In his incompatible work Obligations
says:
Upon the same foundation of suspicion of falsehood.
be admitted Their testimony would be liable to the
pcion OF partially II they were witnesses In favor OF
their parties and there would be an indecency In admit
ting them witnesses as against them
And our own standard author Prof Greenleaf, states
In hi, work on evidence:
1t has In England been held very Objectionable pro-
ceeding the part OF attorney to give evidence when
actin as advocate In the and sufficient ground
for a new trial But in the United States no case has
been found to proceed to that extent and the fact Is
hardly ever known to But, on grounds OF public
policy and for the administration OF justice the
relation of lawyer and client Is far regarded by the
rules of practice courts that the lawyer not
permitted be beth advocate and witness for his client
In the same cause Thus the 23d Of the Rcgl1 Generates
OF the Supreme Court OF Judcature OF the State OF New
mpshe is No attorney counsel shall be permitted
10 fake any part in the conduct of any before
Jury after he shall testified for his client In the
cause.
And some authorities are referred to. In Stone agt
Byron to be found Dowlngs and Lowndess Practice
Cases at page $685. and decided in 1s46, the plaintiffs