The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-16


him. lie was soon followed BY Sherman, Abbott,
Tracy ana Eyarts, ana wnen they were ali seated
mr.. Beach renewed his discourse and carried IL
along brayely to the adjournment.
Mr.. Beach resumlng, said - have but one au-
,thorlfY more.
Judge NeLson-The counsel arc not IN ] was
thinking q decision IN this state. There i a
case IN barbour upon the question OF admissions
in divorce case. Have you got itY
Mr.. beach, have nor, Sir.
Judge Neilson-1here Is, sir. 1t was cited be-
fore me IN case some time a2o. omcer, go over
toJud2e Troy aud get the book containing the
Case.
An interval of several minutes then occurred
While the offluer went alter the book.
Mr.. Beach, present % Your Honor but ono
further authority, desiring TO contradict the IDEA
or Mr.. Eyarls that the circums tances must be in
Capable OF any otner constIuc isn than OF guilt In
susceptible OF no otner hypothesis 10 justify con.
viction upon It, 1t is con faned ia the case OF Gay
vs. CAV in the 81 or GREEN'S New Jer
Equity Reports, quoted nom the case oil
Williams vs.. Williams. In the lst Of Hag.
I"lt ts fundamental rule o. evidence on this SUB
Iject that 1t r. not necessary to prove the direct
TACT OF adultery, because lt were otherwise there
10 not one case ma hundred where that fact
would be attainable.n
Mr.. Beach readingl- 1T Is very rarely indeed
that parties are
SURPRISED IN THE DIRECT ACT or ADULTERY.
In every case almost the TACT is nierr ed from cir
Icamstances that lead TO 1t by fair inference as
necessary conclusion, and unless tins WAS 80 held
mo protection could be given whatever 10 marital
lTtghts. The only general rule 10 be LAID down is
That tee circumstances must be sucn as TO lead the
guarded discrimination or reasonable ana just
man TO the conclusion, for Ii rs not 70 lead TO
'rAsa and Incorporate Judgment, moving upon ap-
pearances that are equally capable OF two Inter
pretatlons and are SAID 10 be a matter Of
lal tIncal reasoning, and what would dlfler
IRON the careful and cautious consideration
rules which ale establishes with reference 10
actions Tor divorce directly affecting the matiimo-
Mai relations 10 disturb he policy OF the govern
ment IN the protection OF the family ana home.
What application have they, sir, TO cases Of this
nha ~ n nt to M tyAn
strangers to the law TO recover Tor an alleged
wrong against tins defendant What is there In
the nature OF the action IN lis possible relations
to or effect upon the family relation that can at
all change the rules OF evidence ordinarily appi-
cable 70 actions between parties. have hau oc
caslon TO say, III the course OF lnterloeufory dis
cussons. that the Interests OF Mrs. hlten are not
party 20 IT. she is not sued, ana what
eyer Judgment may be rendered in this
action her rights and her Interests are not
affected by IL. she is an independent party.
Whenever she shah have occasion. or
weeneyer any case shan arise where her
.rignts or interests are involved, the determine
ton OF TINS action SHAH have no eject as an esfOp
pei or In any other sense upon litigation whicn may
ensue. For great effort has been made, sir, Uy the
counsel. Mr.. Evarts, TO attach TO TINS trial ana
action the significance OF an assault upon the mat
lriTnoAal relation OF these parties ana upon the
public policy which has been frequently alluded
TO. But submit chat IL is the duty OF Your Honor
TO instruct this Jury, as / thing you repeatedly
have IN the course vi this trial, that that or
this case Is unsound and erroneous ana this Jury,
IL they should be diverted by the force OF the ap-
peal which has been so repeatedly ana urgently
made TO them founded upon that idea, would de-
part from those principles Of evidence, those rules
of policy winch should govern their deliberations
and verdict.
Now what Is the issue In tEis case Prom the
inumations That have rom time to tine pro-
ceeded rom our adyeTsarIes we might suppose
thai there was o great variety OF propositions
MT Tracy tells us That Mrs. TIL IA Is the true party
this Is an assault by Theodore nlt0n upon his
wne. sometimes they have tod us that THIS ac-
th0n Is meTcenary; thai Theodore 1ilton Is seeE-
aug enrichment from the gold OF Henry Ward
Beecher. And then they tell that Theodore
Iil.on Is sunk into al abyss ol lniamy, as pre-
anael Mr. Bcecner down that he might reinstate
himself upon his ruin; and al these various mo-
tWes are assigned To this action by the counsel
upon the other side; qua alter all II IS
himself TO nave been wronged IN his dear
lest relations against suspected wroag-
and 10 punish the offender against law and virtue.
1ne idea thar we are seeking money has been DIS
ny friend, Nj. Evarrs, opened upon tnat lopc you
remember. And yet, az have SAID before, a. His
Honor knows ana my mlends upon the defence
Know, we nave again aud again waved any
claim TO damages Iii this case, and repeat again
that Theodore rilton disdains the idea Of toucning
The gold oil Henry Ware Btecher Again ana agaIn
hes that sentiment been uttered by him, aud u il
proven from the testimony tlat tue only object OF
this action was TO obtain that fair trial. that de-
cent hearing that was. refused him before
the chosen tribunal cI Henry Ward BeecneT.
We ask DO judgment Tor money except
merely nominal. We ask no Judgment against our
WIFE and Judgment you can gave VII affeet her.
we are pursuing aenfy Ward Beecher: we are
pursuing him because be Is d wrong deer ana has
been faithless to nis pledges, TO the confluence
we have put IN ham. We pursue him because nc,
in the recklessneSs OF his power, ana his expecta-
ton to crush all sdYersaries IN this contest,
mas exposed Tton ana MS relaTicns 10 public dis
grace and iniamy. This action never was
'Ofoughj-more than all, IL was never brought to
trial until tie ruin Henry Ward Beecher had
wrought had fallen upon Iitt0n and bis mousse
hold. ANA there was 40 further disgrace, the IN
innate degradation had been reached, ana Ia tnis
condition oi extremity, with no hope OF eXtrlca-
ta0n, with no reef except the pursuit u Henry
Ward BeecAer, we nave followed MIN although
We knew that TIE condition Of one size aud
famuy would become the SUBJECT or puDhc
specuia The charge Is se uc'i0n ana
what Is the answer Conspiracy and
backmail the perfect innocence vi Henry
Ward beecher anu a combination entered into
between apparently respectable people, occupy
aug positions IN society winch would seem 10 pro-
tect them from sucn SUSPICION conspiracy
without the lea st snadow o. lOurdenon I or that
- the extent OF the deience) TO eNtOft money
tram Bee her 10 build up the broken fortunes 81
Theodore Iilton IN MS prostTatIon anu rum. add
all for tho benefit Of this one man, Iheou0re Til
Jurors AID honor a. men, You are 70 examine this
idea oil conspiracy and see how anu upon what AZ
Il founded and how 1t may be supported or resisted
by the probabilities and prOoi la tne case
Here the eounseI took his handkerchief and,
brushing up the Knot OF .svery nair that lies
alone on the top OF bis head made 1t stand on
eni IKE 'he plume or an Indian warrior, giving
an appearance or grandeur TO the orator that
mustnave curiously impressed rne jury.
And Mira. Titon falsely accused her pastor, sac
rnced her virtue aud her reputation fer the same
object. II Is possible that tnore may be minds 80
preludiced, anu corrupted BY that prejudice, chat
thoT can believe mOtnentar,ly IN the lCea tnat a
conspiracy OF thi9 nature WAS formed ana that
present condition Of things II the result OF II
but can hardy conceive under the evidence tn nc
Chere can De any hucn intellectual blindness. one
fact gentlemen, disclosed ny the evidence OF
Beecher himself Of Mr.. Bcecner, II these men
we're matchmaking Mr.. BeeCder Why was IL that
vnen hilton Was IN such depressed Clrcums tances
when Mouton represented 10 lin the existence
oil the mortgage upon 11ltonis'RUuse and the idea
that his trends should raise - and Mr.. Beecher
~ once cheeriuly ma readily 0nered 20 con-
tribute, the contribution never was sought 2
II fhere was any meFCenary mo I've on the part or
7tgton or M0uit0n, or nlDoay else. why was tt
when rhere was opportunity tendcred Tor realizing
THE OBJECT on TlfE CONSPIRACY,
why didn't tneJ avail Themselves al once or it3
But again, Mr. Brecher AYERS tIat le became sus-
ptClous OF some form or movement oil blackmall
by an appeal to his generosity anu kindly i'm
pulses after the 81 600 were paid New, there
was an idea oil blackmail about 1T which &C.
AV Eg4W Na un1