Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1875-07-02
THE BEECHER TRIAL.
Judge Nelson. Charge to the Jur

would spare the jury. The charge of adul-
terry was the foundation of the case. lie
explained the distinction between direct,
circumstantial or presumptive evidence.
The differences which the jury might draw
must spring from the facts as fruit from
the vine. Four classes of evidence were
given in support of tho charge: Written
papers, oral admissions, tacit or implied
admissions and the general conduct of the
defendant, and the conclusions of the jury
must be drawn not from one of these but
from all.
Taking up the testimony in this order
the judge briefly described the nature of
the testimony as TO the letter of accusation
and the letter of apology. He reminded
the jury of Beecher's disclaimer of the au-
thorship of the letter, and remarked that
sometimes under excitement men speak
in way that would surprise those who
know them. Beecher's letters of remorse
were TO be considered in connection with
all the circumstances. The evidence as to
oral admissions was contradicted by the
defendant. AS 10 implied admissions all
men do not act alike, but the presumption
is that If man is unjustly accused he will
deny the charge. The jury would have to
exercise great caution if they had ally
doubt as to the accuracy of Witnesses re-
membrance of words attributed to tho de-
PENDANT, for in such cases single word
might be essential. 1t was for the jury to
say whether when the defendant received
plaintiffs letter demanding his resigna-
ton and the defendant said, 1.-THE man is
crazy" he was acting in manner that
showed consciousness of guilt. They
would have TO scrutinize Beecher's con-
duct throughout, the policy OF the silence
| period, and the timidity and vacillation dis
played throughout, and to inquire whether
he took any part in sending Bessie Turner
| away, and If so, for what reas ON and
whether it was from sense of guilt he re-
fused to answer the question of Mrs. Brad
| shaw, or in accordance with an agreed up
on policy of silence, which policy appears
to have been that of the defendants church.
In connection with Beecher's conduct
they wero 10 consider that man may be
accused of ten crimes and fly because he
is guilty of one, aud this flight would be
no proof of the guilt of the rest. A mere
trcious lover found conceale under bed
cannot be convicted of burglary with in
tent to steal. The jury were TO consider
whether the defendants remorse could be
accounted for by Misrepresentation as TO his
advice TO Bowen having caused injury TO
Tilton. AS 10 the crediblity of witnesses,
that was a matter wholly with the jury,
but they were 10 remember the distinction
between a falsehood uttered without guilt
and lie with the knowledge of its false
hood, and too much importance should not
be given TO discrepancies, for these occur
even when witnesses are doing their best
to state facts accurately. They were to rec
oncile, if they could, Moulton's declara
tions here and his statements made outside
that Beecher was not guilty, and Tilton's
evidence with his declarations that his wife
was pure, and whether Mrs. Moulton tes-
tilted honestly believing that Beecher's Of
fence was adultery, and supposing that this
was the subject in his mind when he con-
versed with her.
AS to Tracy acting as counsel against Til
ton and also testifying, he had consulted
his distinguished associates before doing
so, and thus his course was strongly con-
trasted with those of the attorneys referred
to by counsel for the plaintiff. Besides no
profes sional relation had existed between
Tracy and Tilton they were not counsel
and client.
On the question OF damages the Judge
said he would call attention to 1t merely
that they might recognize in the proper
place where the mass of testimony comes
in as TO the plaintiffs loss of his wife's af-
fections, and on the other hand testimony
as TO plaintiff being unfaithful as a hus-
band. The defendant was entitled TO the
benefit of the consideration that the init
macy between pastor and parishioner is of
greater latitu de than the intimacy with an
ordinary acquaintance. The question of
conspiracy and blackmail was dismissed
with the remark that there was no proof
whatever to sustain allegations OF that
character. In reference to Mrs. woodruff
and Tilton's intimacy with her, the Judge
said she might be, for aught we know, the
subject of criticism, and she might be
merely an intellectual woman carried away
by some extravaganza. The jury were net
to attach any weight to Beecher's acquittal
by his committee, and ON the other hand
they were not to consider the advisory
counsel of churches, held here, was in any
sense prosecution of Beecher by two
churches which were dissatisfied with the
proceedings of Plymouth Church.
The Judge then took up the requests to
charge and instruct the jury that the de.
PENDANT was not bound to prove his inno-
cence. He declined to charge that they
must be satisfied beyond all reasonable
doubt OF the defendants guilt before they
could find against him, for this was pc
culiarlty of criminal suils. He instructed
them that the higher the crime the more |
stringent should be their scrutiny of the |
evidence. In another proposition lie struck |
out the word actual before guilt on the |
ground that guilt is actual, and he did not |
wish to load 1t with adjectives. He also |
charged that the destruction of a paper |
which would be important as evidence |
raises the presumption that it would be I'M |
favorable to the party who destroyed it. |
He declined TO charge that moral evidence |
is not sufficient to support legal certainty. |
He charged that the defendants avoidance |
OF the publicity to the charge raised was |
no presumption of guilt aud that the letter
of contrition did not import adultery on |
its face or prove it, for it did not specify an |
act real or supposed that the party had in
his mind and the same remark applies to
other letters of the defendant The fact of
the plaintiffs silence for six months after
the alleged confession was to be consider
ed, but In connection with the question
whether his silence was due 10 his wife's
request. Having disposed of the requests,