Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-06-24
TELEGRAMS TO THE STAR.
THE BEECHER CASE
NOT TO BE REOPENED.
JUDGE NELSON'S CHARGE.
WAITING FOR THE VERDICT.
THE GREAT EARTHQUAKE,
BOSS TWEED
TRYING TO GET HIS BAIL REDUCED
JUDGE NELSON'S CHARGE.
WAITING FOR THE VERDICT,
THE GREAT E4RTHOU1EE
BOSS TWEED
TRYING TO GET HIS BAIL REDUCED.
THE BEECHER TRIAL.

NEW YORK, June 2i.-There was a large
crowd OF spectators, this morning, i'm attend
aDce at the Brooklyn city courtroom. Mr..
Beecher and his wife sat among the Ply
mouth thrOng, and Mr.. Tilton was early in
his accustomed seat. Judge Nelson entered
the court few minutes before the hour and
took his accustomed seat on the bench. He
then said that under the circumstances he
was compelled, on an examination of the
afidavits, TO deny the application for a re-
opening OF the case. and in accordance with
Mr.. Beach's request the papers were filed
with the clerk of the court. Judge Nelson
then stated that the jury might return to
their seats. If they so desired. while he de-
livered TO them them the charge. He then
began his discourse as follows:
Judge Nelson's Charge to the Jury.
Gentlemen Of the Jury: Your term of service
mere is drawing to a close. You must find
relief In the prospect of returning to your
usual pursuits, to the unrestrained habits of
daily life. You may also be grateful for
having been able TO give such attention to
the case as prepares you for the duty vet to
be discharged. l have sense of the import
ance of that duty, and mean To give you all
the aid consistently can, but | must do so
without limitations imposed by my habit
and convictions with especial reference to
the influence which n Judge may properly
seek to have with jury. have perSistently
and upon principle, refrained from stating
10 Iurles my opinions on cOntroverted ques-
tons of fact; the exceptions TO this course
nave been As to points of slight importance
AS an illustration of my general method, and
As helping you to proper estimate of
your posiSion, turn to 18th vol. of Abbot's
reports, page 3i3, and read a few words from
my charge given at length in the report of n
case in this court What said to that Jury
i now say to you: at is your duty 10 accent
fully and without n shade of mental reServa-
ton the rules of law stated: but on the OF her
hand wish to pay like degree Of respect to
your great office. You are The sole Judges of
the weight of the testimony and of the credi-
bility of the witnesses; sense of this re-
strains me from commenting on proofs at
large and from indicating To you what my
own opinions may be on the questions OF
fact involved, and your recognition of that
rs your relation 10 the court and to the cause
J. due To the oath you have taken TO render
true verdict according to the evidence.
My recognition of it is due not only TO you
but 10 these parties, as the moral force of
verdict depends largely on the fact
t1at il is the unbiased judgment of the
twelve men selected from the body of our
cluzens ana IN the most solemn form known
TO our laws cOnsecrated TO the service; and
without iDtruding upon your province |
shall be able TO assist you materially AMI as
the exigencies of the case require. The
learned counsel have repeated and dwelt
upon the evidence in your hearing so fully
that need not detain you by going over
these volumes of testimony. Repetition
now IN any form of what you have heard
from the one hundred and eleven witnesses
would send You to your deliberations days
nence weary and perpleXed. That Imay not
oe performing frultless service must assist
you TO so arrange and classify the evidence;
mat you can grasp and apply IL that may
not leave your minds troubled by conflicting
authorities you have heard cited. i must
state the rules oIlaw according to our present
condition OF them. III can help you to a clear
apprehension of the precise questions you
are TO consider, and of the character of the
evidence and rules and principles applicable
to each OF those questions, you may be pre-
pared 10 pass by a rational process through
the several stages of inquiry to a result that
the great body of the testimony can only be
resolved by proper arrangement and dis
tributiOn. Some of ii relates to the princi-
pal question in issue; some of il To the credit
due 10 certain witnesses; some of il to the
mere question Of damages. The pleadings
have been stated i'm your hearing, and you
perceive the charge of adultery is denied by
the answer and lies at the foundation
of the case. Upon the issue thus
the plaintiff. You are also to understand
the evidence should be such as TO carry con-
victiOn 10 minds of the just, and prudent
men should point to actual guilt more direct
ly than to any other reasonable hypOthe-
sis. The wrong charged in this complaint
might be proved by direct or by circum-
stantial evidence, but such charge is not
usually proved or, indeed, provable by direct
and positive evidence. The reason is OBJ
vious. In most Instances where, under
social restraints, an apparently proper init
macy degenerates into licentious acts, the
evil intent and life put on the garb of inno-
cence. To such cases, to all case of doubt
and difficulty the law of evidence, searching
and inhexible, applies peculiar tests, pre-
symptoms and differences drawn from facts
and from conduct according To the dictates
OF experience, so that finally the
be determined by the jury in the light
reflected by the surrounding circumstances.
A few simple illustrations, stated with refer
ence TO- case OF this character, may enable
You TO understand sufficiently for present
purposes the difference between direct cir
cumstantial and presumptive evidence. If
witness should testify he had seen actual
commission of sexual act charged, ii would
be what is called direct and positive evil
dence. If witness should testify that the
wife and the paramount .defendanU had
occupied the same room all night in such
manner as tended to the conclusion they had
slept together, or if he had admitted his guilt.
that would be circumstantial evidence. Ii
TO a letter received by the defendant, charo-
ing him with the adultery, he answered SIM
ply saying 81 am sorry, and hope 20 he for
gfven;" or if, on being thus che ged in a CON
versation by one having an interest in the
matter, he had MADE no answer whatever
mat, uy natural process of reason
ing, would be presumptive evidence.
In acting on circumstantial or on presump-
tive evidence jury should exercise great
care-proceed cautiously, as men are wont
to do when travelling in dim twilight ON un-
familiar rOads-and must distinguish no.
tons arising on suspicion from the relation
existing between the observed and the in
ferred facts within the spirit and terms of
the illustrations stated. You will have oc-
casion TO consider existing facts, and the
them. The differences must have a healthy
growth-spring from the facts naturally, as
fruit from the vine; and although you can
not trace the connections as you could feel
the links in the chain which binds material
objects together, yet to satisfy the rule you
should perceive and be fully convinced
the connection does exist. The evil
dence bearing on the principal question
that OF adultery-may be taken up in its
Oh Ter, thus, first as to the writings referred
to; secondly, as to the oral admissions; third
ly, as to the tacit or implied admissions; and
fOurthly, as to the general conduct of the de-
PENDANT. l purpose briefly to call your at
tention to some of the more important mat
tiers falling under each Of those heads Your
conclusions should not be drawn from one of
these classes of evidence, but from all testi-
mony on this branch of the case combined
in taking up the writings referred to. You
will observe that plaintiffs letter of 26tt OF
December, 1870, demanding that defendant
should leave his pulpit and the city, was the
first open act of hostility. That demand was
Withdrawn at the interview had by parties
at Mr.. Moultons house on the evening of
December 30th, 1870. The plaintiff claims
that that was in Difference to wishes of his
wife at that time. A paper written
| by Mrs. Tilton IN respect to her re-
| lations to the defendant was held by
Moulton. The copy of IL which plaintiff had
| was torn up after having been read or stated
| 10 the defendant, and the original was also