Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-07-02
THE BURLIN GTON.
The Scandal Trial.

ELLINGTON. VT.
The Scandal Trial.
EXTRACTS FROM JUDGE NELSON'S CHARGE TO
THE JURY.
Mr.. BEEcHER's CONDUCT AND ADMISSIONS
In considering those portions OF that tes-
timonv which relates to the defendants ac-
tual admissions of guilt, You will recall the
doctrine. that reasonable doubt as 10
want of apprehension, or of fairness, in the
witness proving such admissions, imposes
upon the iurv the exercise Of great caution
Upon the testimony, you will inquire
whether the witnesses are correct IN their
statements. or whether the defendant was
misunderstood by them. In considering the
other portions of their testimony as to I'M
piled admissions. also c0ntradicted by the
defendant, YOU inquire whether IN the con-
versations had by him with the witnesses,
his adultery with plaintiffs wife was spok-
en- of in clear and express terms. II you
find that he was thus charged, so that, act
ing on the impulse common to innocent
uen. he would have denied 1t ii without
foundation. YOU will consider the inference
to be drawn from, and any apparent excuse
for. his silence.
Your attention has been called to series
of events. to the reasons which may have
led to certain modes of action, OF acqnles-
cence. of restraint to occasional disturbln-
ces, apprehensions and resentments, larslnS
into seasons of peace and patient endurance
The learned counsel have given you their
views as to the significance of each fact and
circumstance. But in and through it all,
the vital and absorbing question remains.
not whether the defendant acted wisely and
well. bnt as he would no; have acted II III
nocent Of this particular charge.
recur to the letter of the Doth of Deem
her. delivered by Mr.. Bowen, in which the
plaintif said to the defendant, II demand
that. for reasons which you xrlicitly under
stand. YOU Immediately cease from the min
i>trv Of Plymouth church, and that yon quit
the city Of Brooklyn as a residence. The
question is as TO the manner in which this
demand was received The plaintiff theory
seems to have been that, a. the oifense
charged in this complaint had been perpe,,
trateti, the reasons, thus generally referred
to, would be apprehended. On reading the
letter. the defendant said This man Is
crazy" 1t is for you to consider whether
that remark was or was not in the nature
of a suggestion that there were no sensible
reasons for making that demand and
whether, in conversation, or in tone and
manner. the defendant betrayed any con-
seriousness of guilt 1t may be observed al
50 in reference to the interview of December
30. $50, at Mr. Moulton's house, when
the copy of the prper called the ''conies-
sion was torn up, that the oral presenta-
ton of the subject, whether in the exact
terms of the written paper or not,may have
been sufficient to awaken the approximations
of the defendant and to enable You to Judge,
upon the evidence, Of his manner.
TIE POLICY OF SILENCE.
The policy of silence or suppression, As it
has been called. deserves notice with refer
ence to the motives which led the defendant
to act upon it. 1t was adopted upon con
ference, at an early stage of tie trouble,
initiated a system Of management and led to
many devices In some aspects it may have
been prudential; in other aspects unwise.
But whatever the ugly circumstance IN
DERIVING it may have been. the parties
sought peace in that way, and We have no
occasion to condemn the effort. Like many
artificial expedients however, it failed. Mr..
Beecher and Mr. Moulton held to that
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II Tue wrong was thc adultery, tn, N9lu-
yror,rs ar ofI..nces oc.,,l ~ ;,,,,,,oI ,r,-o
f the nther ebor,c,or y+a+e1 -, , a.; a.,
of the relation between the de-
endant state of mind and his conduct in
Olives several considerations. What was his
ersonal estimate of his relation to the
hurch, to the world. 10 literature. and of (
he reputation he should leave behind him ,
what his convention of the nature and
nd gravity of the CHARGE Of innure sol;cita-
ions. of alternating a woman's love from her !
u,band. and of the effect Of spcb accnsa-
ions. if publicly made what his notion of /
he extent To which Mr. T,lton had been in
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