The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-06-24

case, he learned that he has alienated
her affections from her husband and in
troduced discOrd into the household
Take this story in It's imperfect outline
Did it conform to the instincts of our ma
ture, and were the statements ofthe de-
fense acceptable to the judgment Of this
Jury? If the jury examined it carefully
they could not fail but see the faith OF II
and the evidence of an ingenious mind
driven TO the brink of remorse and de.
spair.
Recess.
After Recess
Mr.. Beach resumed his argument. He
| said that he was obliged to speak with
severity of u professional brother, and
| there was no more repusive or disagree
able duty which Il lawyer could have to
/ perform than that, but Us Mr.. Tracy
had seen fit to place himselfupon the wit
ness stand, and had contradicted three of
witnesses for the prosecution, he had no
| choice and was compelled to consider his
testimony with the attitude which he oc-
| rupird i'm this case. That witness had
uurouiyocnlly contracted Mr.. Tilton, Mr..
, MouIton and Franklin Woodruff on II
natural issue in this cause. lie had play =
/ ed in this scandal versatile part and
/ had filled all it, phases with equal zeal
and abandon. When Mr.. Beecher's
case was in sore need Of Il witness to
contradict what was testified TO ny
three witnesses for the PIaintIli,
Tracy lcapcd into the breach and sacri-
Gcri himself for his client. lie stood III
the same attitude aS Beecher, opposing
his unsupported word to that OF three
Gentlemen whose reputation was equal TO
his own. Mr.. Eyarts and Mr.. Porter
had said that the action Of Mr.. Tracy
had received their sanction. lie had the
greatest respect and regard for those
gentlemen professionally and socially,
but on this point he was compelled
to differ from their opinion
and in regard 10 the course "i
| Tracy aS involving
Professional Treachery and Personal
DIshonOr.
/ lApplausc). Beach then cited Il number
of instances in which the American
Courts had strongly reprobated the ap-
pearance of lawyer i'll the dual char
acter of counsel and witness. Would any
gentleman of honor suppose that Tracy
had Il right to act as counsel for Mr..
Bercher? Now, said counsel, Muult on
swcurs in his direct testimony, that he
communicated to Tracy that T.ton pre-
lcrrrd charge of criminal
intimacy with his wife against
Mr.. Brcchcr. Mr.. Shcarnan IN
trrruptcd here, to state that Mr.. Tracy
Ind always been acting as the counsel Of
Mr.. Brecher Mr.. Tracy said the Coun-
sci, and his advocates could not skulk
away from the fact that he was acting as
the advocate of Mr.. Tiltun. The jury
might remember that Tilton had told
/ Tracy. heidi not understand the etiquette
Of the profession. and Tracy replied that
no matter about the etiquette o! the pro-
lcssion, he would protect his relations ut
all hazards. Tracy and his friends had
challenged this issue, and they must rue It,.
If the profession will tolerate such Il
breach Of faith rs that, it will become and
ought t. become by-word and scorn.
Beach then read the resolution entered
INTO by the lawyers against abandoning
one side Of case and taking up the
other, and said, Il leave that part of the
subject, and only regret that ! had to re-
fer to it, The subject will now be left to
the consideration of others.
NV Argument is NOW Finished.
All these disagrceable circumstances are
past, and am glad am free from them.
We have communed for some time on the
themes associated with the highest inter-
c,ts of humanity, truth and morality. All
the great topics which stir humanity have
mingled in our communion. II any
thing can exalt us to nobler con-
crption of the beauties OF truth
it is Il scene like this, so full Of
grave responsibility. know my inability
worthiy to meet the duties Of my posi-
ton in the face of my adversaries so cum
ming to fence. but the race is not always
to the swift nor the battle to the strong.
| have little faith in my own skill, but |
have an infinite trust in that justice
which rules the world and notes the fall
of the sparrow. On the coat Of arms
and seal Of your city IS the motto,
Fright makes Might and
on any day of public
celebration it shines upon the flag which
is flung out from the dome of your City
Hall. Its the one which encourages
and strengthens weakness in It's contest
with arrogance and power. 1t is the
sentiment which has sustained ny client
in all the difficulties and disCOuragemcnts
L II 1
eventually, trust, redeem him, because
it bears the promise Of Him whose word
shall never fail. Wearied and worn with
this trial, yet part from you with
respectful regret, and our long
association bringing us into
intimacy, impresscs me with kindly SEN
timentS and interest for each one Of
YOU. We have stood before this COM
munity animated by common object,
seeking after the right in honest sinceri
ty and without distcmper, free from tur-
bulent influence, anXietics and sympa-
thies of an excited people actuated by a
desire to uphold the strong pillows Of the
temple of truth and honesty, and to pre-
serve the altar of God from the efforts
aimed ut its ruin. The struggle
this day, is betwesn the law and great
character and a great church If the lat
ter triumph and the law is trodden down,
"Woe unto him who calleth good evil
and evil goodr' May it please your
Honor. it need not that | should express
the common sentiment of my associates
and myself, as we recall the induIgcnt
dignity and fearless learning with which
YOU have guided US through the tangled
mazcs Of this trial. You can receive no
nobler tribute than that offered by our
adversarics, fighting every step Of the
case, sprinklipg the record all over
with exceptions, they have acknowl-
edged the entire accuracy of your
numerous decisions, and YOU
have the qualification of knowing that you
have worked
j NoIniusticc of this Drfcndent.
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