The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-06-25

the alleged oral admissions OF the con-
iession Of party made against his own
interests, as to facts known and under
stood by him. II clearly proved, they are
regarded rs Of high class OF evidence and
deservedly 30 because it Is contrary to the
experience Of men to admit what hurts
them II not true. Experience proves
rather that men evade or deny the truth
when truth hurts. The testimony to prove
an oral admission should be carefully
scrutinized, the jury should be satisfied,
the witnesses clearly understood, correct
ly remembered and fairly repeated what
was said, but caution against relying on
such testimony too implicitly should find
It's counterpOise in the caution against the
too ready rejection Of it. The third class
OF evidence in the arrangement stated Is
to tacit or implied admission, in the way
It appeals to d principle peculiar to pre-
sumptive evidence, It's assumed that on
suitable occasions most men have such q
regard for their OVID interests that on be-
ing unjustly charged they will speak out
in denial. Hence It Is that silence may
often be regarded Us confession. The most
obvious difficulty in applying this doc
trine arises from the consideration that
all men may not act alike in the same cir
cumstanCes, and that the jury may pos
sibly ascribe 10 a sense Of guilt what
really was due to mere surprise or 10
some unknown restraint. The testimony
Of the plaintiff and OF Mr., and Mrs,
Moulton as 10 the two forms Of admis-
sion imposes upon the jury the ex-
ercise Of great caution. Upon this tes-
timony you will inquire whether the
witnesses are correct in their statements;
or whether defendant was misunderstood
by them. In considering the other pOr.
tiOns Of their testimony as 10 implied nd
missions, also conLradicted by tho defend.
ant, you inquire whether, in the conversa.
tions had by him with the witnesses, his
adultery with tho plaintiffs wife was
spoken Of in clear and express terms. II
you find that he was thus charged SO that,
acting on the impulse common to innO-
cencc, he would have denied II as without
foundation, you will consider the infer
ence to be drawn frem any apparent ex-
cuse for his silence. The remaining class
of evidence az to the principal question
relates to the conduct Of the defendant.
In the first place, you will consider his
conduct in his intercourse with Mrs. Til
ton as proved by Joseph II. Richards and
Kate Carey. The circumstances stated
by them are claimed to disclose an undue
familiarity. Your attention has been
called to d series Of cvents-to the rea-
sons which may have led to Ger.
tain modes Of action, Of acquiescence,
of restraints; to occasional disturbances,
approximations and resentmentS lapsing
into n season Of peace and patient en-
durance. The counsel have given you
their views as to the significance Of each
fact and circumstance. The vital and ab-
sorbing fact remains, not whether deiend-
ant acted wisely and well, but ash he would
not have acted II innocent Of this par.
tiCular charge. reCuE to the letter Of
the 10Th Of December, delivered by Mr..
Bowen, In which plaintiff said to defend.
ant, n demand that, for reasons that you
explicitly understand, you Immediately
cease your ministry" The question as to
the manner In which this demand was
made by the plaintiff seems to have been
that az the oiienso charged in this COM
plant had been perpetrated, the reasons
thus generally referred to would be APP
pretended on reading the letter. The
defendant said, "This man is crazy" 1t
is for you to consider whether that re-
mark was or was not in the nature OF u
suggestion that there was no sensible rea-
son for making that demand, and whether
in conversation or In manner the defend.
ant betrayed any consciousness Of guilt.
The Judge referred to the policy of ST.
lence and suppression advocated early in
the trouble as an artificial expedient
which failed, and said that
MIR. BEEcmER's COURSE THROUGHOUT WAS
TO ne CAREFULLY scRUTINLzED.
You will inquire whether attentions were
paid to Mrs. Woodruff to conciliate her
at the instance or with the appreciation
Of the defendant; whether before Miss
Turner was sent Of to school he favored
that as n precautionary measure or con-
tributed III that view, and whether he re.
pressed the presentation and prosecution
Of the "West charges" II you find that
Mr.. Beecher did not thus act, those ques.
tionS will give you no trouble; but II you
find that he took such part in these trans.
actions, or any Of them, then you will
inquire whether he did so in apprehen.
sion that his sexual intercourse with Mrs.
Tillon might not be exposed, or from
other and Independent cause. YOU will
also inquire whether defendant refrained
from publishing denial Of the allegations
contained in paper, known as the Wood.
hull scandal, from answering the partlc.
ular inquiry made by Mrs. Bradshaw, to
which he sent reply, or was held In
bondage Of fear to Mrs. Morse, by sense
Of guilt now charged. In any view Of the
case YOU may be disposed TO ask why Mr.
Beecher, II innocent, should have gar
nered UP all that pain and fear SO long
when he might have made proclamation
10 The world and tranpled out the scandal
as with iron boots. TIE question upon all
the proofs Ia whether the defendant under.
stood that he was charged with adultery,
and spoke, wrote, acted and suffered from
and In consequence, or that whether, lay.
Ing that out Of view, he understood the
charges to be that he had made improper
proposals or advances, and had robbed
the plaintiff OF rich inheritance In the
love Of his wife, and whether, coupled
with these charges, he believed that he
had wrcnged the plaintiff by fayorlng a
family separation and dismissal by Mr.
Bowen, and for those reasons spoke,
wrote, acted and suffered as described.
IF THE WRONG WAS ADULTERY
the solution Of what followed is easy, but
II the wrong or offehses, actual or I'M.
puted, were Of the other character stated,
then a Just apprehension Of the relation
between the defendants state Of mind and
his conduct involves several Considefa.
tions: What was his personal estimate Of
his relation TO the church, to the world,
to literature, and the reputation he
should leave behind him; what his con-
Ception Of the nature and gravity OF
the charge Of impure solicitations, Of
alternating a womans love from her hus.
band, and Of the effect Of such an accusa-
ton II publicly made; what was his no.
finn nj the ATtenL IN which TilInn hal