The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-25

Your Honor 10 aware. understand there were
no coDies OF them, Yet we una them In morn
Ing print in the city 81 New YORK.
Judge Neilson--I can only say was applied to
by number OF reporters The gentlemen came
10 my house in the evening, but declined to
show them or state what they we're.
Mr.. Eyarts-Oh. Your Honor win perfectly un-
derstand that do not mean they were allowed to
be printed with your knoWledge or permission.
Judge Enthusiastically, but 1t is great relief
TO me to state the fact.
Mr.. Beach, do not know how the am davits
came TO be printed; yet they were made In order
and died with Your Honor on q motion for the ad-
misson or the new evidence which they disclosed.
ana they accordingly became part OF the records
or this case. From that point OF view they should
have appeared in the official report or the case.
Judge Neilson-sti they have been in my pos
session since they were handed TO me.
Mr.. Evarts-If they formed part OF the ofical
report we should have had copies or them, and
we would have met them by anidavits.
But Your honor has disposed OF the mat
ter. We would have met the affidavits in the
proper way.
This brought the discussion TO a close.
JUDGE NELSON'S ADDRESS.
Judge Nelson began his address by referring to
the close OF the services OF the jury and the reef
they were to fnd IN returning 10 their various
or his. the language Of which might be applicable
to this case. lie hoped to be able TO help them TO
y clear comprehension OF the question they were
10 consider the body OF the case was charge or
adultery, and the defence was a denial ques-
lion OF guilt or innocence may be determined
from the light OF surrounding circumstances. The
difference between direct, presumptvo and
circumstanttal evidence was plain enough and
yet not generally comprehended II witness
should testify that the two had occupied the same
room all night or hal confessed, that woul be
circumstantlal evidence. II a letter had been
written conveying suggestions OF adultery, mat
would be presumplive evidence. In acting on
presumptive evidence the jury use great care. like
men travelling on unfamiliar roads in dim twilight.
lie referred 10 the manner IN which Beecher re-
ceivcd Tton's letter by Bowen. The jury were to
consider whether the defendant showed any in
dcatlons or guilt; and as 10 the schemes and
devices that were practlsed 10 cover up the
scandal, they might have been wise and pruden-
tial. The jury should inquire carefully into the
motives that actuated Mr. Beecher In the course
he pursued in his policy OF sllence and suppress
sion. They had before them the evidence AS TO
what mad been done and suffered by the defend
ant. They should weigh the injury indicted on
the plaintiff by the loss OF his means Of support.
REGARDING PERJURY.
ne looked upon IL as one of the greatest or crimes
ana no sentimental opinion that certain sltua-
ttons demanded the telling or fasehoods was
Justification. He alluded TO the evidence or tho
principal witnesses on both Sides and said that II
the wrongs or offences actual or imputed
were OF the other character stated then just
apprehension OF the relation between the defend
ants state OF mind and his conduct involves seve
raj Considerations What was mis- personal est1-
mate OF his relation to the Church. to the world,
literature and Of the reputation he should leave
behind him-what was his conception OF the ma
ture and gravity OF the charge or impure socita-
tons, or alternating o woman's love from her hus-
band, and OF the effect OF such accusations II
publicly made-what his notion OF the extent to
which Mr.. Tllton had been injured.
SCENE DURING THE JUDGES ADDRESS.
Profound silence prevailed during the delivery
of the address, All eyes fastened the Judge,
who ratified over his charge with a clear aud nlm-
BILE tongue. Tton gazed at him with a grave,
confding look. never blinking, and drinking in
with deep eagerness every word falling from the
lips OF the sapient Judge. Beecher was much less
attentive. IL, fact he frequently turned his head
aside as II Indifferent what the Judge
might say Mr.. Beach was al close
listener. His eyes dilated and the expression
occasionally appeared TO question the wisdom and
impartlahty OF the speaker. Ex-Judge Morris sat
bolt upright and looked both earnest and puzzled
al the same time. EA-JudRe FOrteT was an au-
miring auditor, full OF faith in His Honors In
teRrltY and of pride in his legal acumen and
equipment. Mr.. Evarts heard the address with
calm glances OF approval. Mr.. Tracy was the best
pleased man 10 the court room. The Judge, as
far as he could afford 1t, INDICATED Tracy.
Abbott, or the defendants counsel, gave an
anxious ear 10 the point OF law laid down nom
the Bench. Sherman was the only one who
seemed TO be out OF humor. Judge Fullerton was
absent till near recess, and consequently missed
the charge. The general audience appeared to be
very well pleased with His Honor's fairness and
importantly. The jury listened with undertaking
attention up to the time the Judge began to
notice the requests to charge when they
exhibited some few symptoms OF WEAKNESS.
THE JURY GO OUT.
No sooner had the last words OF the Judges
charge been uttered than there was perceptible
nutter In the room. II was at once seen that the
darling hopes OF Alderman Whitney and Deacon
Howard were not TO be realized in an acquittal
before the jury efs their Not only the fore
man, but each one or his colleagues rose to his
feet and prepared 90 depart when the special
ofncers had been sworn TO take careful watch OF
THESE twelve representative exponents OF
modern justice. There was q strange In
consistency in the Interpretation which the
oficers put upon the oatn binding them to
drink, water excepted" No sooner had the last
man or the jury filed out INTO the corridor, up the
stairway and finally In through the jury room
door than a mysterious clrculsr was prepared and
despatched to q restdurdteuT, wen known to the
frequenters OF tho long trial, which read as fol-
lows:-"Nine roast beefs; three lambs; twelve
veRetables nine conees; three lemonades, and
two shortcakes.- This TACT Is stated without
comment, in order that it may be given due and
impartial weight by the friends OF the parties TO
the suit anu OF the jufymen.
EvARrs AND rILToS SHAKE HANDS.
The last juror mad not crossed the threshold OF
the court room ere there was q movement OF
some OF the counsel and many spectators from
their seats. Counsel seemed suddenly relieved OF
the responsibility that Tor so many days weighed
upon them. Among the FIRST to meet face to face
we're MIR. Evarts aud Theodore Tilton. IA their
eyes met Mr.. Evarts was the frat to speak, as he
extended his hand, saying, 81 hope there is no
aniniosty Mr.. Tilton pi