The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-24

HeCTeL8
views and declarations in regard 10 this
lamentA0le afar under tnis pledge-ne Is
next seen Ia close consultation WIN MI. beecner
Zaiion Of committee 10 Judge between Henry
Ward Beecher and Theodore Tiltoni and aIter
organizing that committee ne appears as the
counsel opposed 70 the interests OF MI Tntan
before that BODY, and ss the leading and controE
ling spirit Of les proceedings Tnen ne appears IN
tnis action active, interchangeable, malignant: en-
gaging IN the cross-examinatlon OF witnesses,
bearing his u part ana responsibility In the dls-
charge or professional duty. Then as the delt0-
crate SPONSOR or the opening address Tor the
defendant this case, 1ul OF animosty, OF dsnun-
clatlon Of untruth representa- his former friends
aud cOnddants Ia the most odlous o. al nsnts,
guage; and not content Win this, when MS master
Is oYerb0rne by three Witnesses, oy All tue evil
in this case when the strength OF this controversy
bears with crushing power upon this defendant,
Mr. Tracy leaps INTO the preach or rather into the
client. The question Is whether this position In
It's professional and moral aspects, Iustifes the
hope winch alone could occasion II, that the word
OF Mr.. Tracy, IKE the word oil Henry Ward
Beecner, IS to overDear the honor, the oath and
themselves, ana 30 whom nonor, reputation ana
fame are as dear as they are TO Mr; Tracy
nouncsd that il was at the suggestion, and
with ther approval that this course was
mem know that in the ranks OF professional
or OF social lie there are no two gentlemen %
Maom my respectful anect,sn u more I s aaS
them. diner with them In regard to the question
OF personal and professional proprley anu OIL per-
sonal honor and manlness. And IL Is 10 me
matter o great pain and surprise that they should
have approved or counselled such an exnlpltlon OF
wnat / conceive professional treachery and per-
sOnal dishonor. should not nave disagreed WIth
gentlemen so eminent and respected upon my
own idea OF right, but had been instructed for
longyears tine lie and the honor OF our prefess
sloa consisted In It's hdehtJ to ts cause and its
client; | had been taught 10 believe the pledge OF
q man and q gentleman was to be redeemed under
ali conceivable circumstances; and 1 had been
taught Dy The elements a. well as BY the judlca-
that under
the privilege attaching TO the relation OF attorney
aud cliens. mad received the communication OF
secrets OF that client, could IN law In justice,
without the permission Of that client, make dis-
closure or them: that the power OF the law which
overreacnes and treads Gown mere sentiments
and sympathles, ana looks only to the adminlstra
tion or Justice according TO IT'S known principles;
mat the law could not extract from the honor OF
tue profession the seer IS OF the client
ras AUTHORITIES.
Mr.. Beecn then read authorities 20 show that a
lawyer is not presumed to be Doth advocate and
witness Tor ms client IN the same cause :-"Ine
De zeaously Kept apart" "such a course OF pro.
ceeulng Is not consistent with the due adm nstra-
ton OF Justce.n OAei Justice Campbell expresses
CHARACTERIZATION In his decision of party acting as
advocate AMI wituess-"lt Is revolving 10 the
minds Of tue jury, ana win generally De injurious
In those States where the law does not extend
TO the limit OF tue English practice, 80 far as IL
grants new trials Tor an offence OF that character,
tue practice is similarly condemned, and
there Is no precedent uo TO be , ionnd
IN q case as TO . material question at
ISSUE and was continued aI!er his tesufyng, In
connection with the case, that has ever met with
the approval OF the Court. There are exceptions
IL Is true, bug such O case IL may be regarded
tnat such an advocate should at once sever MS
connection with the case. ut was the practice
10 receive sucn testimony In North Carolina. but
IN most cases It mas been accompanied Dy tue
cass.n Another authority cited saio, at degrades
size character OF the Bar and we think that the
OF the courts upon such exhibitions we
nave had from Mr. Tracy. Mr.. Tracy was not
simply the advocate OF Mr.. Beecher, and wit
meas in MS Denall, Dat ne had given his pledge,
unuer circumstances 70 which 1 nave referred,
that he would occupy no srch position. The cir
cumstances are more depioraoiy characterized by
the TACT mat ne was pursuing IN opposition to
that pleoge, tue assurance uluer WhiSa ne re-
ce,ved from Mr.. Tllton his condolences. You Will
remember that Mr. Tracy testified that ne was
still connected with tlls case and vita Mr..
Bcecher, ana that he had not tnoug ht Is necessary
ior him to retire nom 10, and that he subsequently
&C ed, and Is stun acting, a. counsel IN
TINS case. WHAT IS the excuse Mr.. Tracy
says:-"Mr Tllton, you have changed your
graund ard | am, therefore, released from
Inose personal aud professional obligations In
wAlcn / neld myself TO you. Well no gentleman
OF sound n My principle cou uphold lawyer IN
revealing tue secrets OF a case which ne obtsined
on a positive plegge OF hdeIgy TO the cause. Is Ii
True That uityn Ola change MS grouudsf Three
assert the express charge made oy Tilton was
that Of adultery OF Criminal intercourse IA direct
terms
putsd the correctness Of the apphcation OF the
evidence cited.
rela ion TO what ne told Mr. Beecher as 10 MS In
teryIew with Mr.. Tracy. Mouton saYs 81 told
nim tnat tod Tracy Tne facts, that you mad been
guilty VI sexual intercourse with Elizabeth X. lii
ton, and taat Tracy s4ld III ta1t be true, then it
mnst De concealed a. all nazardsj told
him OF tue consul atlon between Tracy, woodruff
ana myself. ana that az tnat interview told
Mr. snearman interrupted again, and sad that,
although AOuitOn Ia his direct examination gave
tnat testimony, wAea Muulton anu luton we're re.
called, after hr. TRACY had ties ined they did not
CONTRADICT Mr.. Iracy's denial Of that conversation
Oh tuAt point.
not examined on that point because 10 was not
admissible 10 20 into tnat question again. IL that
was not clear statement OF the Statement OF
Moult0n to Tracy then he was unable to UNDER
stand IT, Mr.. Wood NJ has sworn tnaf, IN the n
tervfes between Mo1lt0n, Tit0n Tracy ana rim
SER Iracy was informed tnat tue charge Was a1ul-
III. sherman repeated his objection TO the con.
srucuon o. tae evidence and Mr. Beach said "it
il not necessary Tor you 70 repeat what you nave
20 empnauca.ly said 80 many times. II Mr.. Tracy
siaugh err and ais client revealed TO MIN all the
circumstance OF Tue crime, aud anotaer
Indictment for homicide was subsequently Ound
against the client, would Mr.. Tracy tneu feel at
nnerty 10 reveal 6nat was conilied 10 aim Dy his
client when under Indictment for the lesser
onencef Would ne be entitled to appear against
hlm
SAID sharply, sven, Ia tue name Of ncayen, talk
tai 700 xet fired.n AR. sherman said ne would
Ike his Honor 20 hear him, but ne OBJECTED 10 the
spoken Of Mr. Tracy represented AR. Beecner, ana
II was upon that ground alone thai the evidence
was admitted.
NJ. Beach 10 Mr.. saearman) Are you through
nUwf
Mr.. Tracy said 10 TlIton no matter about
etiquette, but the communcatlOa you make 10 me
Will lie sacred. lie must meet this question, and
IL Is a ques ION which must be decldep IN toe Judg
ment or the profession aud the community. or else
the idea Of privileged confidence between counsel
and cneut legal mOckery ana \ legal pltian,
and the profession Wii and ought to become
Dy word aDd a scorn. Inc present case Whlca ne
espouses "a out the gnosrof the former case.
the counsel then read tne resolution OF the Bar
against changing sides in an Issue At lAw.
THE PEEORATION.
Mr.. Beach then said ~ leave that part OF the
subject, and only regret that n4d TO refer it.
That SUBJECT viii be LETT 70 the consideration OF
others. Ny argument IS now nnshed. All these
ois4greeaple subjects are passed, ana l rejoice
taat am reed from them. We have c0mmuned
for a long time together on great themes associ-
ated Win tue highest interests o. humanity, truth,
morality; All the great topics which stir nunan-
ity have mingled with our DISCUSSION.
ce.Nnn of the haanlaa of IrnLh