The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-01-30
Afternoon Dispatches
BEECIIER.TMTON.

fetal report Of the first part OF the trial
was not issued from the Tribune office,
The Judge then censured the publishers
for severe criticism Of Mr.. MoultOn and
hoped the otlense would not be repeated.
After the jury had answered to their
names Gen. Pryor resumed his argument
in favor Of receiving the testimony Of
TheO. NltOn, He said the net Of 1867
contemplated no such thing as prohibit
ingpurties to the suit ina case ofadultry,
giving evidence for or against each other.
This witness did not attempt to take the
stand against his wife, but Il was against
her alleged seducer, totestiiy to the crime
committed by Henry Ward Beecher. In
the ease Of Petris against Howe the SUI
premG Court decided in 1874 that it was
case Of criminal connection and the
husband was allowed to testify. The ap.
peal was taken to the general term and
the case was deliberately argued and ut
tentiyGly listened TO by the court, and
there was no question with the
court but the witness was admis.
sable and conceded his competency.
The question with this Court now was rs
to what decision he should follow. Tho
learned gentleman on the other side ar
gued as another reason that no husband
or wife could give collateral evidence In
a suit; that Is one could not give evidence
to Criminate the other. But that was not
sound law, 1t was not the law Of Eng
land, neither was it the law Of America.
The counsel quoted two cases, where the
husband in one case was convicted Of per-
Jury Oh the testimony Of his wife, and In
the other he was convicted Of perjury and
bigamy. In case In this State, Justice
Barrett says the evidence Of the husband
and wife Ii receivable, though the evil
denGe may Criminate ono or the other.
Certainly this was u case In the State. lie
had selected one case from New Jersey,
where tho limitation OF tho law was
prOpOunded by the Court, which said the
only question was in admitting the evil
denCe Of the husband, where he said ,-le
thought, the rules should bG extended and
not limited. II the plaintiff was admit.
ted to tho stand and proved adultery
against his wife did that charge her with
any CrimGY No, for that was not the law
as Il was known In New Jersey. Adult.
terry was not crime or 0tIGnse IN
New York, and was not now. Hence the
reasons Of the counsel OIL the other side
were inapplicable, because they would
not affect the criminnlity Of his wife nor
tho Misunderstanding Of The plaintiff M a
competent witness. lie was u competent
witness, the counsel argued In conclu.
sion, and should be no sworn.
VIM. A. Beach rose To sustain the argu-
mCnt Of his brother counsel. lie paid a
compliment to the rhetoric Of the COun-
sel on tho other side. That defamation,
he said, would have looked better had II
come from one who was not defending Il
man who was believed to be walking IN
tho illustriOus footsteps of his Muster.
Whatever Henry Ward IIeeChOr might
say on that stand, the Justice or impair
tiality Of the law debarrcd Theodore
Triton from answering the limitations.
Tho seducer would DO allowed on the
stand, while the man whom no had
wrOnged would le forced to sit idly by
with his lips sealed. This was grave
and important subject which Ills Honor
Ind 10 deal with, The counsel believed
the law cherished tenlerly the family
and The home. No society or government
could stand except the sanctity Of the do
nestle circle was preserved inviOlate,
The same held good with regard to mar
riNve relations. The counsel on the
other side had said that this union Of
onls conl,l not be torn, but the speaker
submitted lint Il had often been mauulell
and torn. Ills friends on the other side
we're digging among tlle fossils OF the
nast nni bringing nj The dead carcasses
n exploded tEeoTies and paradinv them
Ly way If argument. but these were not
n "miIe tho Gnnri, The counsel imap.
ine1 n cultured, happy home; Inc vile
weak, frail woman, devoted to The hus.
hand NJ her carly choice and the father of
Lcr children. sLo Ind n nastor learned
ond honorei. gifted among his fellows-
omc whosc words were listened 10 With
,lciercnce md reverence. Ali he was
gif,oj Win .silver tonOne Tint wOuld
5rtn~ M ongrl mt If paradise, She
InoIsd IN IN him with reverence. He
, %o' "ln,ost M inmate Of her home
"nI IN ile confidence Of her husband,
liz oxcrtrd nnon her NIL his arts and she
foII ia sLe m he blamrd far the actY
Wns tIia nrosepulion brought against her
fnr b"r ronJrmnotionY oh, no, Con.
aiicr how strong he was and how weak
al" wns md inavine The specious WAYS
In which he taught her, that iornication
VIVA hi n suecies of love. lhat seducer Ia
brought Into this hall Of Justice to answer
| for lis crime, There was no rule In the
| law Of tlis State to prevent the injured
mnn from testifyinR against him In this
SuiL onI m leknlf Of this prosecution,
The council cited from numerous legal
authorities, Tic called attention to The
cNse Of Soutl,wick against Southwick IA
lhe cnse IN question. II Is said that this
il thC destruction OF conp,lpal felicity,
but the inv should be uniform
ani universal in is character and
: Ihprn sl,nild he mn diypruiiv nj oniniona.