The Portland daily press., 1875-06-24
THE SCANDAL.
Conclusion of Beach's Argument.


eu UuQge NELSON UDdU lue COuUSel lUF tuo ut.
fence had revised the list of requests to charge,
but probably would not present any. Beach
then resumed his address. He had to explain
an error into which he fell yesterday in quoting
Beechers invitation to communion. The gen.
tleman who furnished him with the samples OF
Beecher sermons and invitation gave also MS
paraphrase and inadvertently put quotation
marks after one paraphI ase, and thus counsel
represented the defendant as giving an invita-
tion to Mormons, Shakers, baptlzed and un-
baptized to partake of the communion, where
as what he said as printed was "all those who
love the Lord Jesus in sincerity and truth,
whether they belong to any church or not, are
invited to partake of the communion. Another
was, "All who love the Lord Jesus, without re-
gard to their church connections or special be-
liefs are invited, etc" both of which were on
the principle what the paraphrase represents
them.
At this point Mr.. Shearman rose and object
ed to the reading of any further extracts on the
ground that those given were incorrect and that
they were not in evidence. He also claimed
the right to correct errors made.
Judge Nelson said as mere argument and
illustrations counsel could read any paper.
Mr.. Beach said he was ready to have any
errors corrected then and there
Mr.. Shearman inquired whether counsel
meant his challenge to be taken up then.
Mr.. Beach calculated challenge" in way
that set the audience in o roar. He said he
wasn't a bit frightened and the audience
laughed again.
The court decided that corrections were to be
made when Mr.. Beach gets through, but there
was to be no renewed argument by the de-
fence
Mr.. Beach then resumed the reading of ex-
tracts, one of which was to the effect that any
one may administer the Lords supper to him.
self; another to the effect that all those on
whom the gospel light shines will be saved;
and another that from this stage of his devel-
opment man can't at once enter into perfect
,14 ~, vi rtntn nnf tcfn JI1-
piled, counsel argued. would be a neutraliziDg
of the atonement and destroy the hopes of
saints. In refutation of Beecher'S heterodOX
notions. Counsel quoted the Westminster cat
echism and the words addressed to the peniteEt
thief. Another extract was read in which
Beecher forciby repels the doctrine of foreor-
dination and eternal punishment. The next
extract was, sit looks as if it were going to be
proved that man did not spring from the loins OF
one man in the garden OF Eden. Facts point
form of savage life" Another, that facts in
nature are revelations from God, and must be
accepted even if the Bible is contradicted
Beechers want Of regard for orthodox ch. rch-
es was illustrated by the expression: The most
dangerous infidelty of the day is that of the
rich and orthodox churches of New York. You
see said Mr. Beach, to the jury, he speaks of
infidelity to be found in orthodox churches in
| which you are accustomed to worship.
(Mr. Beecher appeared to be more amused
tudu NY CUuuS6l TodulISS duu IcdnOulhS
on them. He was smiling all the time and
taking notes, and sometimes his daughter-in-
law nodded emphatic approval)
Counsel descanted on Beechers want of rev.
erence for the house of God, and the frivolity
which fills his church with laughter and noisy
applause. In the report of last Sunday weeks
sermon there were eighteen minutes of laugh
ter and applause.
Mr., Shearman-There was no applause.
Mr.. Beach-My friend sShearman was there,
and he was the loudest clapper of them ALL
daughter
After this Mr.. Beach continued his elegant
extracts, among which were, 81 could kill old
Jeremiah if 1 could get at his RIBS; Il had
rather be the prodigal than that other son, for
he was too stingy to get drunk, and too eau
He-e Shearman stood up in great indignation
and protested against all this as an outrage on
justice.
An old lady in the audience became excited
and exclaimed loudly, "He ought to get "a"
and police officer rushed over and cut the
| sentence short.
Shearman protested that the extracts were
| incorrectly given, as he himself knew, and
| would pledge his professional word to that eff
| feet, but it was clear all this was intended to
| prejudice Beecher with the public and was not
| intended for the jury.
| Beach replied that the euloges on Beecher
were intended for an outside jury, and his
| counsel had boasted of his sermons being re-
| ported by the press. (Here Beach handed
| Shearman newspaper clipping.)
| Shearman (excitedly)-Why this is not even
New York paper, but Hartford paper.
| Your Honor. this is an outrage. He read these
erroneous extracts and it turns out that he is
| reading
Shearman-Didn'tyo you read an extract about
| the prodgal son from that slip?
Beach-No L didn't. (Laughter.)
| Shearman puzzled)-Then why did you hand
| it to me? daughter
| Beach-Somebody handed it to me. hadn't
| read word of it. tLaughter)
The Judge declared he had read the sermon on
| the prodigal sou, and remembered adopting the
notion that the prodigal son was the better Of
| the two.
Porter enquired Ewbether his honor meant to
| guarantee the correctness OF the quotation, and
| he replied in the negative
At this point Beecher hurried home to look
! over the reports of his sermons quoted from.
| Beach continued his address. He declared
| his sole reason for reading these extracts was
to meet the glowing eulogy on Beecher as the
leading divine of the age. Whatever Beecher's
faults were, he admired and revered him.
Recess
The court was filled with an excited audience
after recess When Mr.. Beach resumed he said
he had but one more subject to take up, one
most repusive and unpleasant to a lawyer,
namely, to speak of professional brother. In
some respects the legal profession is superior to
all Others For B. f. Tracy he has feelings of
friendship, and if Tracy had been content with
simple advocacy of his client he would not feel
called upon to make any animadversions, but
when Tracy placed himself the witness
stand and traduced plaintiffs witnesses, coun-
sci was bound to examine his pretensions as
witness, and his attitude to the case as law
yer. Tracy committed professional and per.
sonal error, but he did it under high sanction.
He offered himself as a witness in direct con-
tradiction, on material issue. to Tilton and
Moulton and Woodruff, the last named gentle
man having character entirely unassaiabe.
Beach declared there was no instances in the
books of lawyers testifyng for his client and
continuing as an advocate meeting the approx
al of the courts. He referred to an article in
Pennsylvania Law Journal on this subject.
Besides all this he said Tracy was not only an
advocate and a witness for Beecher but had
given his pledge to Titon not to be counsel
against him. Counsel examined Tracy's ex-
cuse namely. that Tilton had changed his
ground from improper advances to adultery,
and argued that consistently with propriety
Tracy could not if this were true, do more
than TO refuse to act as counsel for Tilton any
longer. But there was no change of ground for
Tilton, Mouton aud Woodruff expressly de-
clare that The charge communicated to Tracy
was criminal intimacy or adultery. After re-
ceving Tlton's secrets under pledge of honor
Tracy is next seen in close consultation with
Beecher as to selecting committee to judge
between Beecher and Tilton, appeared before it
as counsel IOr Beecner ana a leading spirit, and
next as counsel and cross examiner on this
trial, full of anmosity, denuncatiou and un-
truth in his opening. Not content with that
when his master is overborne by three witness
ses Tracy leaps up to the breach or rather to
the gulf and sacrifices himself for his client.
The question is whether the word and oath of
Tracy like that of Beecher is to overbear the
word and oath of men to whom fame and honor
are as dear as to Tracy or Henry Ward Beech
er. Counsel was surprised that Evarts and
Porter should sanction sucb.professional treach-
cry and personal dishonor.
Counsel then concluded by appealing to the
jury to render true verdict. In his peroration
he paid high tribute to the genius of Beecher.
Abbott here rose and referred his honor to
case showing that in this state counsel is COM
petent as witness for his client when necas-
sary. He put in requests to charge, the princi-
pal ones being that plaintiff was estopped flom
action; that he never lost the society of his
wife by reason of the alleged adultery, and that
defendant was rot bound to prove his limo.
cence.
Beach protested against springing new argu-
ments on them under cover of requests bnt the
judge said it itswould do noh arm. He was famil
lar with the cases. When Abbott read his 11th
request Beach Indignantly protested aeainstlt
as an argument not legal proposition.
Judge-Certainly. Qlth request ready
-QndignaDtly)- sir, that is de-
cison in criminal case.
Judge-I know it. Laughter.)
n