New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-09


Tton and maneuverng of MoultOn brought in front OF
the boldness Of Beecher would leave doubt in men
minds of the true nature Of what had been going on for
years.
GEN. TRACY AGAIN DEFENDED.
Now. gentlemen, l shall have occasion to
comment upon some parts OF Gen. Tracys testimony In
connection with wholly independent interviews and
events in the year 1874 But 1t becomes me to say
what AIN quite after what has fallen from his
Honor the Judge from my learned brother Porter.
will be quite superuous yet very briefly to say what
SAY with great pleasure and entire fankness on the sub
iect of an imputation sought TO be thrown upon MI
Tracy in regard not his being witness, for that
everybody comedies forced upon him by the course
they take making him represent Beecher In order 70
be admitted themselves witnesses against MI Beecher
Il mean his professional employment Now you VIII
observe gentlemen that the trust and duty OF our pro-
fession Of personal inclination or choice In
general we may say lawyer is somewhat free to
take UT decline an employment his convenience. hs
emouments his comfort or his taste may indicate put
always upon condition that that refusal shall not preu-
dice the client who, either az plaintiff or Defendant
or as accused before the criminal bar OF the cours
has q right to the services of our profession
1t is then not unfrequent that lawyer IN manifold en-
gagememts and in a constantly changing succession OF
clients, now opposing one and now acting Tor him III
another case presented to him inquiries which he Is
not at liberty 70 discharge on the careless method Oh
"weu, don't. propose to bother myself" There are
rights and there corresponding duties and che mo-
ment these nppant commentators on the duties OF our
profession in regard TO the espOusai and maintenance
either OF plaintiffs defendants causes or OF an aocu-
rate observance Of duty, irrespective OF possible evil
comment reduce independence and ntrepdty OF the
bar to standard the administration OF justice Will
cease to be what must and should be in free country
For how pitiabIe the condition OF sutors in court
their lawyers Of their choice and to whose service they
to fal-a fpor1 tharlh ty n
trivial scruples from them by malicious interior
ene of their opponents And look in the face OF
the stuation and see how utterly there falls TO the
ground any suggestion that Mr. Tracy placed in any
disability or relieved from any duty he was under
In respect sharing the professional responsibilities FOR
his friend and this client, Mr. Beecher Why, gentle
men, Mr. Woodruff approaches him with the idea that 1t
ia not professional relation that he "a to be called INTO
And Mr. Tracy begins by saying won't go even into
friendly confe of advice unless understood that
90 there as am that 60 there as am in fact Q
friend Of Mr. Beecher only TO conference that sup
posed to be without hostility TO him" And then, when
he goes under the idea Of having the truth told him.
his advice given his relations determined upon the gosd
faith sncery, the completeness or the disclosures
that are made to him he accoste at the outset Now
the whole truth he told you H. on the cas- which
Won are to have the whole truth about there comes - Ne
ontaconisn viii the etiquette OF your profession esy
you in espousing Mr. Beechers attack upon the fidelity
of the truth az disclosed 70 you T. MI Tracy AZ
once says, Whatever you give to me as the truth
YOUR case to-day without reference to any etiquette OF
NV profession, I will not take up the opposite
for q clients" and then they tell him the truth !;
they are under every obligation o. towards him that 1t
should be the truth. What! Arc you going TO engage
the honest and responsible friendly advice concerning
the situation OF who you In advance that he
will hear nothing from you II II is to be of proposition Of
hostility annst Mr. Beecher and then, when thai truth
all being told when the Bessie Turner. and the money.
and everything that could make o fault against Mr..
Boecher II 1t could make q fault aeanat M Beecher
shold have been told when " IL omitted because there
was no fault It, but nothing which generosity and pity
and When ii the end. Mr. Tracy sees and says, Why.
there s not here that 10 made the subject
Of a litigation. OF q lawsuit of accsation and DIS
misses the matter hts mind anything that came
under any professional exclusion from controversy
that had these dmensons then when In 1874 the charge
ia To he changed and ~ changed and notice sent by Red
path, Don't believe IL we go into court we are
going into a libel suit, when all this talk OK
these minor difficulties may be the subject OF
judicial inquiry but going to make 1t adultery -
md when Mr. Tracy IL advised then he originates To
Mr. Tilton the proposition. "well. Mr. Tton. you INST
remember that II gave you promise concerning the
case a. you Laid before me- that would not take up
the opposite side. you TO say that what you
told me was false imposition and going
70 make different other charge in which my profes
sona duty ana the rights OF Mr. Beeeer 70 my services
~ he chooses to ask them must not be impaired, Wish
vo Ia understand that that promise does not any
oosite any new case that you bring into the hight
AID into the courts.
Now, zee how little matter dsclosas great deal