Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-06-24

Court to-day Beach continued his quota
tioDs from the works of Beecber.
Shearman objected to these citation
from the sermons and lectures of Beeehe
on the ground that they had not beer
placed in evidence.
Evarts intimated that from these quota
tiOns made from writings that were no
placed in evidence, the jury might con
found them with some of the testimonl
which was in evidence.
Beach argued that he made the quota
tiOns not as evidence but as contrary Il
the theories Of this defendant.
l Judge Nelson suggested that ShearmaI
could make his objections when Beach 90
through.
Beach broke out with, @The gentleman
is wrong. My quotations are right, and
challenge him to prove that they are
wrong"
@And u said Shearman-"accept the
challenge" Shesrman was then about tC
read a sermon in which an invitation to
communicates was accepted when Beach
objected to him reading any Whcie article
from which he quoted.
| Judge Nelson ruled that Shearman's
| objections would be in order when Beach
| closed his address.
Sherman said he would offer an Obiec-
| ton TO every quotation made by counsel
| from Mr.. Beecher's writings.
| Counsel then continued his citation and
said that Beecher says many parts Of the
| New Testament have grown old and are
out of date, and Counsel said that if they
/ could strike out the miracles, these evi-
| dences of the Godhead, why not strike out
the sermon on the Mount and the Lords
Prayer.
On that memorable 1st of January, 1873,
Beecher published a sermon in which he
substantially
Abolished Hell,
and said, "One sinner was admitted to
heaven, why not the second and third, and
so on until the last bottom one Of alp"
This was considered throughout the world
said Beach, as a denial of that plan of fu-
ture punishment denOminated in the Bible
as hell.
Counsel was endeavoriDg to show that
when this man assailed other parties for
their heresy and their hetrOdox opinions.
he should look well to his own doctrines.
The speaker then read an extract from a
sermon by Beecher indicating that the lat
ter conceded that the soul must pass through
trance into heaven, thus inculating the doe
trine Of
PurEatOFy
in opposition to the teachings of the West
minister catechism and the belief of OIthO-
dox PrOtestants.
In a late sermon of Beecher's, counsel
had observed in the newspapers that laugh
ter was caused by the great preacher four
teen times.
"But laughter is not applause" inter-
Tupted SheaTman.
'It is applause" said Beach, and turning
to his interTupter, said he, "My friend
Sherman, l dare say, was the lOUdest
laugher Of them"
Counsel then quoted an extract from one
Of Beecher's talks, in which he said he
would rather have been
The PrOdigaI Son
than his s'brother, who was too stingy to get
drunk, and too unsympsthetict to sin lasciv-
iOUSly.
Shearman asked from what that extract
was taken, and Beach replied: sFrOm a
newspaper" 10 which Shearman protested
in a tone Of great indignation that it was
an outrage on justice, and that the extracts |
were incorrectly reported. He knew and |
would pledge his professional word. Shear |
man maintained that it was pretty evident /
that all this was not intended as evidence, |
but was calculated to prejudice the jury |
and the public against Beecher.
Judge Nelson stated that these extracts |
were no submitted 10 the jury as evidence, |
and asked Beach to proceed with bis argu- |
ment'
Sbaarman, excitedly-"I protest against
any further questions"
Beach-"Will my irdscible friend allow /
me to proceed
Shearman-"All this can have no effect
at all"
Ex-Judge Morris-'WelI, it seems to
have an effect on you
Judge Nelson then stated thathe had /
read the sermon Of the prOdigal son, as re-
ported in the Christian Union.
Porter arose and declared he desired TO
take exception to this remark Of the court. /
Beach was then permitted TO continue /
his argument. After recess he reviewed /
the questionable course of Tracy and con-
clUded as follows:
Beach's FerOFatiOn.
My argument is nov finished. All these |
circumstances are past, and ] |
am glad | am free from them. We have /
for some time on great themes,
associated with the highest interests of /
truth, morality. All the great /
topics which stir humanity have mingled /
in our communion. If anything can exist /
as to a nObler conception Of the beauties of
truth, it is a scene like this, so full Of grave
responsibility. l have felt my inability /
wolthiiy to meet the duties Of my position
in the face of adveTssries so cunning. But
the race is not always to the swift nor the
battle 10 the strong. / have little faith in
nv own skill, but have an infinite trust in
that Justice which rules the world and
notes the fall Of the sparrow. On the coat
of arms and seal Of your city is the motto,
'Right Makes Might"
and on any day Of public celebration it
shines upon the flag which is flung out
from the dome of your City Hall. 1t is
the one which encourages and strengthens
weakness in its contest with arrogance and
power. Il is the sentiment which has sus-
.ained my client in all the difficulties and
Of this trial, and which
will sustain and eventually, trust, redeem
him, because il bears the promise Of Him
whose word shall never rail. WeaFied and
worn with this trial yet part from you
with a respectful regret as the long associa-
lion bringing us into intimacy, impresses
ne with kindly sentiments and an interest
FOR each one of you. We have stood before
his community animated by a common OBJ
ect. seeking after the right in honest sin
,erity aud without distemper, free from
he turbulent influence, anX.eties and sym
Dathies Of an excited people, actuated by
1esire to uphold the strong pillars Of the
emple Of truth and honesty, aud to pre-
serve the altar Of God fIOm efforts aimed at
its ruin.
The Struggle This Day
s between the law and a eIeat character
md a great church. If the latte- triumph
lilI tie law is trodden down, woe unto
lim who esieth good evil and evil good.
MAY it please your honor it needs not
hat l should express the common senti-
nent Of my associates and myself as We
-ecall the indulgent dignity and fearless
JsaTiug with which you have guided US
through tie tangled mazes of this trial.
I ou can receive no nObler tribute than that
offered by our adveTSaries. Fighting every
,tep Of the case, sprinkling the record all
1ver with exceptions, they have acknowl-
.Sged the entire accuracy Of your Dumer-
Dus decisions. You have the qualification I
% know that you have worked no injustice