The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-06-26

the euppOsltlOn tnat lazy OIL her confessed |
refinement and delicacy would have con-
versed 80 freely with the defendant as TO |
his adultery, or undertaken TO advise him
on that subject. 1t Is also said that on the
occasion when abe claims to have had an
interview with the defendant he was not at
her house. You will consider and apply
the proof which stands in conflict and 10
coroboratiop. In the discussion that proof
has been reciied and illustrated so freely
that have but to commend II to your care
full consideration. Did she at or about the
time stated ave that interview, and was
the conversation substantially as given by
her II so,and she were in error as to the
length of the interview, that mere incident
would not be conclusive. The question,
gentlemen, rests with you. Two other OBJ
servations may be proper, had Mrs. Moul-
ton got the impression that defendants
guilt was adultery, and in her conversation
regarded that as a subject in his mind as it
was in her mind Do you believe that
whether mistaken or not she testified hon
estly Her manner on the stand and the
opinion which the defendant himself had
of her moral character and worth as stated
in bis letters commend her to your respect.
l had occasion to state in your hearing my
view of the suggestion that this witness ties.
titled at will or without instruction of her
husband. l still hold to the opinion then
expressed. There is no proof of artifice,or
coercion, or undue influence. The fact,
however, that her husband is deeply con-
cerned in this controversy, and that her
testimony, without repeating, concurs with
his, is to be considered on the mere ques-
ton of bias. In sustaining the plaintiffs
cause she is sustaining her husband
ao xx.itr tA hn ,tfitn
Kate Carey it is proper to state that
persons called TO prove an alleged bad
character for truth and veracity should
have the general knowledge to be fairly
derived from the opinions expressed by
people who knew the witness. Such I'M
parchment is weak in proportion to the
circle IN which the unfavorable opinion
prevails is narrow, and as that opinion can
be traced to special difficulties AS to an
other witness, Benjamin +. Tracy, two
suggestions have been made, the first that
having acted as counsel for the defendant,
he should not have been called as witness
for him in the case. The second, that
| owing to an arrangement with, or promise
to, the plaintiff he should not have acted as
such counsel. My own view of the course
pursued by Mr.. Tracy, agrees with that of
| his associate counsel in the case | think
with them that there has been no violation
of duty on his part, personal or profession
al. The question of damages was next
considered, the judge calling the attention
of the large amount of evidence, including
the plaintiffs alleged misconduct at home
and abroad, peculiar to this were questions
of damages. Such misconduct, said Tia
Judge, may reduce the amount of recovery,
but is no defence to The action. Some
loo.
ticed upon principle and authority, and
| also with reference to our accepted rules oi
social order, the intimacy and intercourse
which is allowed between married woman
and her legal adviser, physician or pastor
is greater than that which would be con-
sidered proper or becoming between The
woman and man holding no such special
relation. That principle applies here ant
defendant is entitled to the benefit OF it
We are wont to say that all suitors arr
treated alike and in most respects they are
but,yet if in a case of this character man
grown old in pious prayer and service, ha
priD,d .titcie the benefit of presumption
which the mere man of the world has not
Mr.. Beecher's advances of money, which
through Moulton went to the benefi
of Tilton and his family, appear to hav
been mere acts of generosity. That none
was not extorted by Moulton, nor does i
appear to have been the fruit of any i'm
proper articles, although it is of no espe
cial moment. think it proper to sa
that uncontradicted evidence shows tina
Titon did not know that he was thu
benefited by Beecher. We have before u
no evidence which could support sue
charges, and if we had the defendants pc
sition would remain tho same, If innocer
| RI ho cn dnolavpI ypAnnapIantlv Of
articles. The nearest approach to black
mail would seem to have arisen betwee
Tilton and Bowen, if the former did threat
en- to publish a card injurious to the latte
unless money were paid. But we have n
interest in that question. Moreover he di
not publish the card nor was he paid unit
after due course of investigation. 1t seem
that the covenant of Bowen and Tilton /
respect to compensation for services on tn
two papers provided for certain payment
on termination of the employment befor
the end of the term, and that the claims G
disputes should be determined by arbitra
ton. In the notices of dismissal put j
evidence, Bowen proposed that mode c
adjustment. He had legal rights to stan
on that lie did so and the arbitration wa
had. The gentlemen acting as arbitrator
men of character and integrity, found this
$1,000 was due, and that was paid. n
special purpose could have led such me
to that determination if the money had no
in their judgment, been actually due.
seems proper to refer to two subjects c
, considerable importance which to some e,
tent have been brought into the case-tl
one, the proceeding and report of the il
vestigating committee appointed by Beecl
er after the defendants letter to DR.. Baco
| bod ham ,N,,I,liahaI hot
r which concerned Plymouth church, an
the defendant as its pastor. have simpl
,, to remind you that that determinatio
! should non have any weight or influenc
with you here. The other subject is ii
advisory convention held at the instance G
! two of our principal churches. The que
ton presented here has no relation to th
subject there involved. The West charges
which are in evidence before you, M
having been prosecuted by the Plymout
church, and Tilton's name having bee
dropped as member without censure, no
withstandng the charge of sandering til
pastor had been made by Mr.. West, II
/, advisory counsel had cognizance OF that {
a question of discipline and church poity
You will readily perceive that that pre-
ceeding d d not, affect or assume to rcac
Mr. Beechcr. You are not to accept Il
notion that those two powerful churcht
were pursuing Mr.. Beecher. | simply ca
your attention to this subject that the d
PENDANT may not suffer from any miscoi
ception as to the ground on which thi
' council was convened.
Gentlemen, the case is now submitted
you. 1t is of nature to call for the exc
else of your highest intelligence and mo-
, scrupulous care. You will retire to you
,, deliberations with an impartial and earne
purpose to be just to the witnesses, just
the parties, and to render a verdict whit
you may think of hereafter with satsfa
ton as a duty honestly performed in Il
presence of God and of man.
I At the conclusion of his charge to Il
( jury, Judge Nelson took up requests
! charge, and instructed the jury that the d
. PENDANT was not Obliged to prove his inn