The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-24


church ORGANIZATION, and without regard to their
i special oelle 3, no matter waat might be the char
acJer OF those beliefs. All that they had to do TO
/ entlile them to communion ana fellowship with
/ Plymouth church was 10 profess love OF the Lord
4 custom OF all or nearly ali churches and ministers
! TO invite the members OF other churches. have
very frequently heard the addition, 'In good
standing with other churches 10 partake OF COM
pmunIon." Mr.. Beechers habit, on the contrary,
| is to invite without regard 10 their church con-
neciious or TO their special beliefs. But IL was
| not a frequent error ana you may think 1t suo-
| stantal error. Quite an unconscious one In at
| trlbutlng TO Mr. Beecber the precise language
4 did.
suEARMAN TO raE RESCUE
Mr.. SheaIman-It your Honor please, desire az
this point 10 say a. few words, aud desire 70 call
the attention oil my learned friend 10 these errors
and some others which he has made.
MT. Beacn-Tnat Will not do.
Mr.. snearman-I rise 20 OBJECT to any further
i quotations from The letters and sermons OF Mr..
Beecner, they have not been put in evidence,
and we on our part have not quoted anything
Is that II Is entirely to quote any part
OF Mr. Beecner's speeches or sermons as they
nave not peen put IN evidence My learned friend
ne y NOT sunciently Up In mis- argument, ana
shall have 70 make many other corrections.
argument 20 the jury use any letters or any
papers they are not part OF the evidence but used
Mr.. snearman-I think it is the most extraordi.
nary practice nave heard OF.
Mr.. EvartS-Your Honor may remember that
IN regard TO certain writings OF Mr.. Tton, his
counsel objected TO ms being examined as TO MS
VINO had the vocation OF writer's, preachers
teachers can be brought In as evidence OF their
own acts without beng objected to- Now, Mr..
Beecher's puOnsned sermons are In . certain
sense literary property, but, nevertheless, we
are supposed 30 De, and the counsel will not bring
them unless they are supposed to have weight.
Mr.. Beach-Both or my learned friends INDUCED
In very great license In their reference matters
outside or the evidence, and IN one or two m
in evidence. But II Your Homer WIN remember
this, that during tue whole Of the address OF my
learned friend every one remembers the princl-
| Beecher, which were not SHOWN by anything IN
TINS cause, and could not be presumed TO come 10
knowledge oil tae publisRed lie and writings
OF Mr.. Beecner, and | supposed they got that
| knowledge oil their client from that source and
on that subject l must take his and their own
declarations. And make them, slr-these quo-
tatlons-hot ae evidence In this case. but as argu
mentative Illustrations of the contrary theory
which ia presented upon the part of tine plaintiff.
sHEARMAN oBJEoTs-
Mr.. shearman-Well, II Your Honor please, re
spectfully insist upon eur objecuon to tnis course
have taken pains to examine these citations, 50
far as opportunity was given 10 me, and IN every
case nave found these quotations TO be moor
Mr.. Beaeh-Tnat is q statement One moment,
sir. object 20 the gentleman lnterrupting me.
Mr.. shearman-I Am rising TO question of
Judge Nsilson-You arc at liberty Mr.. Shear.
man, alter Mr.: Beacns argument IL Closed anu
Mr.. Snearman-I am ebjecting 70 anything
further In this line; on the ground that the state
menTs are entirely incorrect ana Justify the strict
enforcement OF the rule We resp ctlully object TO
any further reading OF statements on the ground
| that It is not permitted and on the practical
ground that they are entirely incorrect as nave
! found.
paper or letter only be read BY way OF illus
lration IN argument, only in extracts from =
| paper, book and publication OF party TO q suit
there Is great danger taat the jury VIII confound
| them Win evidence.
Mr.. Morris-rney are only Directing 10 their
own medicine; that is ALL (Laugnter.l
| Mr.. Beach-When the gentleman assumes TO say
that the quotations have made rom the sermons
OF Mr.. Beecner are In every instance incorrect aud
inaccurate, upon what autaoriy he assumes 10
say 1t am unable TO conceive.
Mr.. Shearman-In every instance have exam
ined.
MT. Beach-on. in every instance you have ex.
amtned. don't know now mucR he has exam
med. These are the printed extracts from mr.
argument, giving the ssveral quotations made by
| me ana tue references to the sermons books ana
the page from which saca was taken, and | ehal-
lenge the gentleman 70 snow any error In either
OF the quotations, and this Il ~ mis- service Tor H.
i sHRARMAN ACCEPTS.
Mr.. Snearman-i accept tue challenge SO far
the quotations given. the first Il In reference to
| the invitation 70 communion.
Mr.. Beach-Tnat nave explained, and object
10 the gentleman reading any quotation on the
sort OF interJected speech upon the parL OF she
defendant tApplsusel
! BtIll The learned counsel misunderstood me. /
said ne win have an opportunity after your arFu-
| him the idea OF going on now.
j Mr.. Beacn-He may point out any error | have
fallen into, any msquotAtlon, but beyond this
nr. Sherman II the gentleman allows me, then
| propose TO go on.
| Mr.. Beach, propose that the gentleman shall
do IL properly and In order; That ne snall not
| long extracts from the sermons OF Mr.. Beecher.
do not intend that ne snail read them. Tae
question Is whetAer anything that I have read
from the sermons OF Mr.. Beecher Is Inaccurate aud
Judge Neflson-Aner ron get through ne can
correct any error. but cannot allow time to
tend any quotation or introduce new sentences.
/ Mr.. Shearman-W hat want TO know Is whether
the gentleman accepts the challenge now. q4augR.
Judge Nenson-No; wait until he gets through
Mr.. Shearman-Does the gentleman withdraw
/ the challenger prolonged laughter.l
i Judge Neilson-Go on now.
Mr.. Beach, will stick to my challenge.
Mr.. snearman-What does Your Honor decide
will you allow me 10 accept the gentIeman's cnal-
lenge now
Judge NeiIson-I think the proper time Is amer
sHEARNAS TO BIZ EXCUSED.
i Mr.. Shearman-VerJ good. Excuse me y In
though. 10 reading matters not in evidence. We
have In no single instance done that.
Mr.: Fullerton-You read from Kinsella's paper
an editorial.
Mr. snearmaa-That was in evidence.
MT. morrs-Ihe editorial Is not In evidence,
Judge NsIson-Oh, no; unless written By the
plaintiff could not receive II IN evidence.
Mr.. shearman-The gentleman dld not object 20
Il IL being received In evidence. Your Honor.
Judge Nellson-WIn you proceed with your arEu
mentr
/ Mr.. Beacn-Yes, sir; after I have asked Your
Honor frankly to consider whether the inllm4tlon
that you have given that Mr.. shearman or any
1 body else on the part OF the defence may at me
proper time object to these readings Will justify
areneWal oil the argument on the part CT toe de-
| lence.
Judge NefSon-No, nor any iurther quotation.
I Mr.. SneaTman-The correct quotation must be
1 given 10 correct the incorrect.
i Judge Nellson-No additional quotation.
i Mr.. Beach-Upon this question, as 70 the sacred
\ ness and soemniI attached " Mr.. Beecher to
the Lords supper, read an extract from sermons
\ In the seconu series from page 100.
i Mr.. Shearman-lour Honor will please note that
We object to the reading OF these extracts not
i In evidence aud entirely Incompetent aud In
tended 70 a1ect the Jury.
i Judge NeIsop-It will DO understood that In
such instances where he reads Jou have ala eA-
ception. they are 70 DC understood not in
| evidence, out as q mere illustration
i Mr.. Snearman-Note exception.
i MR. BKRCnER's IDEA or THE LORDS SUPPER.
| Counsel then read an extract from one on Mr..
Beecher's sermons, as fclows:-"The Lora's Sup.
per, n IL be administered bY . pope, is good
en0u~l: n tt be ADMINISTERED by a cardinal ~
| good enough n II be administered BY priest or