The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-30


offence, an offence indlctable IN ITSELF Suppose
the plaintiff here Is admitted to the witness box
and gives evldenGe tera 70 or accaa
Iend to convict her OF crime No, SIR, not In New
York. BY the Levllcal law. as Your Honor Y
aware, botn husband and wife we're denounced to
dea,h for the act OF adultery winch law though
severe, must oe commended Tor It's impartiality,
in view OF the tendency and disposition OF modern
civilization, which is rather to applaud the man
for his exploits OF gallahtry and 10 heap the
LOAD OF IGNOMINY
wnen principles OF Parliament borrowed from the
Mosaic superstition, were predominant In the
ianatics passed q law denOuncing death againet
adultery. But, upon the return OF reason and the
the law In New York. it never was q portion Of
the common law oil England that adultery was
crime. Open RIGHTEOUSNESS Is crime lndtctable
nj common law, but adultery never was crime a.
common law. The common law lett adultery Il
the cognzance OF ecclesiastical law, wao cnastiset
IT, Adultery never was a crime by the law OF New
York Is not crime to-day with us IL is regarded
civil S wlong for ae nu Il sers,
INN obnoxious to criminal Prosecution:
Hence, although the rule cOntended IOr by the
learned gentlemen be sound In all It's parts. vet 1t
Is ina ppicable mere, because the testimony which
Ing TO convict the wife OF adultery, does not
tend to accuse ner OF criminal offence. So that
for these reasons, Without OBTAINING you with any
ampIt ION OF TINS argument, the second ground
presented by the learned gentleman wholly fails
iaiis because 1T does not 70 to the competency OF
the witness, but 20 the tdmsslbty OF The testi.
mony he may give-lnapplicabe because it does
not tend to convict the vile OF CRIMINAL, and H.
M uI e II Is not ae Jaw
endeavOred to iOrtiiy ms position against the CON-
potency OF the plalntir BY arguments drawn from
general considerations VI policy. Now sir, those
topics addressed 10 a Legislature medtatluR
the adoption OF an act on the subject would be
ss no 70 declare
law, and, upon an inquiry Ol what the law Is, de.
bare as TO what law ought to be Is immateriai and
irrelevant SO, thcn, Notwithstanding the tempta.
0peued by the learned gentleman, l conceive
have discharged the duty imposed upon me, and
be sworn.
MR. DEACIi's ARGUMENT.
MIR. Beach then SAID The discussion of this
question, sir, has been anticipated by us, and the
general conduct OF the argument has been as
signed to my learned friend who has just ad.
dressed you. Inc anle, logical and exhaustive
argument which he has submitted we'll justifes
That selection, and little Is .eit 10 me but TO plead
something, the fragments OF 1t which have peen
comparatively untouched; ana Oh Will not expect
me, sir. nor shall attempt To review or repeat to
any extent the considerations which have been
already presented, but snail confine myself. In
great degree, TO remark upon those general topics
when have been INTRODUCED by our learned adver.
sary Listening. Sir, 70 his brilliant aud Impressive
eXordlum 1 was led to regret that was not
gifted with those qualities which would enable me
sOnOrous style, wncA cannot and snail not at.
tempt; but am cOnsOled somewhat by the re1ec-
ton that tnlS Is an argument upon u question OF
law addressed TO court-tnat SPEAK to mind
learned and experienced, ana not likely to be
moved from It's sel-possesslon by the defamation
OF counsel, and that defamation, sir, would 10 my
mind have been far more imp essive had 1t Heen
uttered In the cause OF one VINO had not forgotten
the precepts taught by his professional represent.
ative-on behalf 81 one who has invaded tine
sanctlty and privacy OF domestic HE, aud VINO, az
the evidence NOV stands, mas seduced that vile
fore his pacRed committee TO reveal the secrets OF
domestic nterc0urse--introduced ner upon tnat
occasion to viiliy and abuse the husband who now
seeks the occasion 70 indicate himself from all
aspersiOnS, to tell to Your Honor and To the com.
munty the true story Of The sad aud lamentabie
difficulty winch has broken up the happy and hon.
Ored home and scattered Its inmates upon the cold
cnariiies OF the world. 10 not SIR, accept the
Issue or my learned friend. Reduced to It's simple
proposition In direct application to THIS case the
proposition of the counsel IL, tnaG Henry Ward
Beecnur, upon that stand, is witness IN this ac-
ton, ana Theodore IIton Is not. Whatever
Henry Ward Beecher may choose to say, however
he may stlImatlze Theodore Titon, II percnonce
he should swear that from the lips OF Theodore
TIltOn he has been liberated from his charges
nay, II he should swear that he mas paid Theodore
TlltOn lOr the wrong ana received q
DISCHARGE FOR HIS OUTRAGE
upon his rlghrs-thc practlce and lmparttaltty OF
the law excludes Theodore liltun HON answering
these imputati0ls. IL presents Sir just That con-
cluslon, and II Your Honor yields to the PROPOSE.
ton 1t effects just tnat practical result, that
Henry Ward Beecner Is Tree and at liberty to
testify; the accused seducer may be admitted as Q
witness to Tree ninse from accusation, but the
wrOnxed and outraged husband, with lips sealed
by the law, cannot offer to TINS Court anu Jury any
testimony In support OF his action. Before Your
honor snail reach conclusion OF that character,
consequences, you must be driven to 1t by clear
and satisfactory authority. IL is contrary 10 our
the Ineory OF our laws OF evidence, and works .
practical wrong which would outrage the common
sense OF the community. Now, SIR, admit 1t Ia
Important as IT not Only affects those principles
established By the wisdom and experience oI the
past. but Is grave and Important. as to
tnose relations and those other subjects Of
domestic concern and pubic policy submit 10
Your Honor. agree Sir, tnat the law cncrlshes
with tenderness tue family and the home-ana
well 1t Is, sir, that IL Is So Ior J. too, agree with
my learned Trend that upon rests the true loun.
dalton ol all well regulated society and govern
ment. 1t is wen that these lessons or virtue and
wisdom are taught, framing the mind Tor tue dis
charge OF those duties which belong to every
MEMBER OF society. From them must come the
agents wherewitn TO carry onward ana upward
the great mystery OF mans creation. agree that
no society or government can stand-virtuously
stand-eXcept upon the maintenance OF the
sanctiy and the virtue OF the domestic circle, and
30 / agree too, sir, that there Is much OF beauty
and sacredness in The idea OF unity that adds 10
the marriage relations. That idea Of the c0nnu-
ence OF two souls mingling all their affections and
sympathles and interests IN one, and hand IN hand
meeting the contingencies and universities or lie
with mutual encouragement and love, Is well cal.
culated To excite the sympatnles OF my learned
TO my own sympatnies; but are we TO forget that
In what Is called the progress OF civilization that
that idea has been mangled and torn assunderY
Are we TO be Dnd TO the legislation Oh the preSentr
Are we to ignore the TACT that all OF these ideas
have been expooed and destroyed BY what be-
lieve TO be the
VANDALISM OF MODERN CIVILIZATION
In 1913, sir, that state oil affairs was etTectualy
established In all It's Iuness. BY the common Ia n
tue vile could not sue the husband; she nad no
status n the courts except In the nigh discretion
OF the Court OF Chancery, yet she may now bring
her action by common law. The wlle could then
hold no separate estate or personal property ex.
cept by ante nuptial settlement, ana yet sne may
now 20 out into the world, 90 business there,
and barter and trade In Its busiest marts. Once
her true sphere was In the domestic circle, where
she cultivated the graces OF private lie, qualities
once her grace ana glory; but now, by the power
OF Legislation, she Is ushered into the busy scenes
OF lie, ana becomes an independent ACTOR iu ali
It's struggles The counsel says this seclusion OF
the domestic circle cannot be torn by the rude
hand OF the law but, sir, 1t has been done, will
ne seen by the practical observation vi what are
now the ordinary concerns OF law. My learned
friend has produced wonderful mass OF lllustra-
tons, both from England and the states OF this
country. But. Sir, as you know, the rules OF evI.
dence-nay, the principles OF law, as ap.
pcaole TO distinct communi ies-are SET
tied by special legislation, and differ In
different places, being founded upon diverse
principles ana diverse policies. But how
Is this que .t0n 10 be adIudged by the law OF Eng.
l