New-York tribune., 1875-01-15
LEGAL QUJBBLING.

Mr. Fulserton-We, that is what did not take place.
Mr. Eyas he said anything abont the letter anything
said to him about the letter have right 10 IT.
Judge Neilson-Yes; II ought 70 be given.
Mr. FuIleronwhat reply, II any did Mr. Beecher make to
the suggestion Of Mr. lWn yourself that Mrs Morse was
dangerous this letter ought be answered kindly
4. He agreed with IT,
q What did he sayf A. He said that he knew Mrs Morse
dangerous woman he had told me before.
q He had told yOu 30 befOref A. Yes, Sir.
q In one OF your interviews with himf A. Yes Sir
O. Subsequent TO the SOth OF December 1902 A. don't
member think not, sir-yes subsequent to the sotn
Mr. Fuerton-I think your Honor VIII read this letter
will see that il il evidence in this cause.
Mr. Beach, don't suppose Sir the question arises here az
the effect Of this paper evidence That Is
by the testimony Of the witness
perfectly clear Mr. Beecher brings this paper to
Mr. Mouon consus with him about II Mr. Tflton In called
in the consultation Mr. Beecher through Mr. boutoD,
submits this consultation - Mr. Tton they confer
about all It's and statements they consult as TO
the proper mode Of anewerngprepae and agree npOn
there be any doubt Sir that that IS far,
adoption Of the letter part Of the transaction in which these
parties then engaged TO render it admissible in
evidence for the purpose Of explaining their acts and
MISUNDERSTANDING 10 the Court and jury
the subject Of that interview under the consultation
then between 1t true Sir that the statements
Of Mrs. Morse uncoroboraed and unadopted either by the
specific admission by the equally clear and conclusive acts
Of Mr. Beecher would be evidence against him. but he
brings this paper submits all that contains 70 the cOnsdera
tOn Of the parties who engaged in consultation with
him; and without word Of dissent denial, adopts It
in TOTO and prepares answer which suppose may sub
your Honor Now that is transaction in regard TO
subject matter closely linking with the issue between
these particsbearng directly upon the subject matter Of the
controversy between them Suppose, Sir that instead OF the
written letter Mrs Morse had been present at that interview
and made these declarations in the presence Of Mr. Beechc and
heard them without word denial and he then made
such contained in the responsive letter which he
Mr. Morse would there be any doubt Mrs Morse
had been there speaking instead Of writing that everything she
said to Mr. Beecher bearing upon the subectmaer Of this
controversy would be competent IN eyidencei
Judge Nelson-No doubt Of It, at all.
MIR Beach-Wel. Sir this il precisely the same.
Judge Nelson Not quite Besides the responsive letter you
speak Of s not before " yet.
Mr. Beach-Ah your Honor but the statements in the letter
produced by Mr. Beece read in his presence and submit
ted silence without any denial Suppose Sir that that letter
contained allegation against Mr. Beecher that he had had
intercourse with the wife Of Mr. Ton and he does not
deny isn that statement evidence Sir And upon what
principle Of law would be excluded party aega
on 70 his prejudice in regard matter in controversy in
Court and fails resist the allegation, II be sad that is
competent evidence against him Isn't il clear and une
quoca admission Silence Sir under such circumstances s
confession Silence adoption Of the allegation made when
party called upon by every interest due to him 10 speak
And hat Just the condition. Sir Of this evidence assume
ton Of guilt a. against Nj Beecher II that be go and under
the evidence of the witness he failed deny explain
submitted silently TO that mpu,aton, is it to be said that
that cdoDcei And does make any difference that the
charge presented against him in the form Of writing and
corded instead u pao accusation; Surely distinction in
principle drawn from the two examples And upon
that theory in this letter contained material
by Mrs Morse which, II untrue was for the interest
Of Mr. Beeche then deny and resent and If he failed to do
the law implies acknowledgment Of It's truth At rate
it question Sir be submitted the Jury under all the
circumstances iof the And told Sir and, your
Honor will enough send for the authority you
in any doubt about H. Of the People against Kelly
the 55h Of New York is said to be an analogous
Judge Neson-I well understand the principle that You
invoke can well if Mrs Morse present
at speaking and made such charge in the Conversation
would be the defendants interest 10 deny IT,
Mr. Beach-Thon il that your Honor that you
conccde the principle
Mr. Eyars-I have not been heard yet
Mr Beach-wel haven't perceived that you failed to take
abundant opportunity be heard. suggesting 10 his
Honor that he conceded that Mr. Beecher would be called
upon 20 paro declaration in regard to a matter
material 70 himself that distinction be drawn
between paro and written statement accusation. am
etr, ~ o,s 10 sec the discrimination principle between
the TWO examples
The reason c rule is that matter Is brought to the atten
ton II party which demands from him
under calling upon him either 20 assent to 70
M Beecher under which certainly called upon
him for an explanation or denial any Of the allegations con-
tanned in the letter Of Mrs Morse Il matter
Sr interest 10 the par les then assembedwo Of
them al least a about which they
sultng Ii was a matter about which they mutually de-
vsed a answer and Mr. Beecher failed upon that occasion
10 make any proper explanation denial he did qualify
or affect by ANYTHING upon any Of
the declarations in that eerwhy, Of course they be
evidence and with the eer and the explanation denial
they must evidence either in his favor against him.
Judge NesonThe obligation to make, the spot oral
denial explanation perhaps quite modified by the general
purpose Of making written the conference being
had about the spirit with which
should be framed and learn from the Argument generally
that some made.
Mr.. Beach-Yes, Sir
Judge Neilson-And when you purpose to make written
answer letter. think superedes in great degree the
duty Of making present answer orally.
Mr. Beach-We Sir propose give the answer; cannot
give them, as my associate SAYS both at
Mr Eyars-My objection not such 10 preclude the
letter simply said that the letter not evidence against
Mr. Beecher except made evidence by what
CURED with him IN regard 10 H.
Mr. Beach-Wel, agree to that
Mr. Eyarts-That's all said
Mr. Beach-TAe difficulty is that the Court much fur
ther.
Mr. Fullerton-I win read it in evidence then.
Mr. Eyans-Your Honor then is admitted only
for that purpose.
Mr. Fullerton lreadingl
MRS MORsEs LETTER TO BEEoHBR.
To Mr. BEECHER: Won have ht paw any aen
ton 20 the request left your house,
since will this method 70 inform you Of the state Of
things in Livingston The remark you made 20
your own door enigma the time and every day adds
10 the mystery MRS. Beeeher has adopted the child
"What I" childY' asked. You replied, Elizabeth
Now ask what earthly there in that remark?
Neither Mrs Beecher yourself nor can OF have done
thing TO ameoae her condition She has been for the last
thrs weeks with very indifferent girl T. has sent Bessie
With the others away leaving my sick and distracted child to
care for all four children night and day without he the fur
mace or ANYTHING like comfort nourhment in the house
She has not seen anyone lie says She mourning for her