The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-25
I'M known TO our laws. con.

81 testimony. a repe titlon now, in any form, Of
what sou nave heard rom the Ill Witnesses
would sena You 70 your deliberations, days hehce,
weary ana perpleAeu.
That may not De performing Ruthless service,
must assist yuu % 50 arrange aud CLASSIFY me
evidence that you can grasp and apply y; IhAt
may moi leave your MINDS troubled ~ the con-
state the rules 0I law according o our present
conception 81 them. II can nep you 70 clear ap-
prenenslOn OF the precise questions you are 10
consider, ana Of the character OF the EVIDENCE ahu
the rules and PRINCIPLES appHeaoe 70 sac, y those
questions, you may be prepared 10 pass ny q
rational process through the sevefa. stages OF IN
curry 10 result. 80, , =
solved by "A proper arrangement and distribution.
Some OF u relates 20 the principal question Ia
ssue some OF ii 10 tne credit que TO certain wit
nesses, some OF Il TO the mere question OF dam
ages. 49, ,uo ,,, .,, -, ,,. ,oar,no
ana YOU perceive Lnat the charge of adultery, de-
nied by the answer, lies at the oundation OF the
THE BURDEN or PROOF pN THE PLAINTIFF.
Upon the issue thus olneu the burden OF proof
You are also 10 understand that the evidence
should be sucn as 10 carry CONVICTION TO tne minds
D lust and prudent men-shoud point TO the
actual guilt more directly thAn TO any other rea-
sonable hypothesis.
proved by direct or by clrcumstantlal evidence.
BUT such a charge Is not usually proved, or indeed
provaDle by direct and positive evidence. Inc
reason Is obvious. In most Instances where, I'M
ler social restraints an apparently proper init
macy degenerates INTO lcenuOus acts, the EVIL IN
tent ana life put on the garb OF innocence. 10
such cases, 10 al cases oil DOUBT and difficulty the
culiar tests-presumplons aud inierences drawn
from facts ana rom conduct, according 10 the
dictates ol experience, 30 mat, finally the ques
aun OF guilt or innocence may be determined by
The Jury III the light reflected by The surrounding
circumstances
A few simple illustrations. stated with reference
% 4 case OF TINS Character, may ENABLE you 10 I'M
ersr&nd, sufficiently for our present purpose, the
Inference between direct, cIrcumstaa ttal ana pre-
iumptlye evidence. III witness should testify
mat ne had seen the actual commission OF the
ieXual act charged that WouId ne : hat Is cAlled
direct and positive evidence. II = witness should
testify that the wife and the paramOur, defend
ant mad occupied the same room all night in suen
manner as lenGed to tue conclusion that they mad
slept together, or II he had admitted mis- CUNT.
mat wound be clrcumstantlal evidence. Ii. to
etter received by the DEFENDANT explicitly charg-
ng MN with the adultery, he had answered,
simply saying ~ am sorry, and hope 10 be Tor
gyea.n or n, on being tlus charged In "A CONVEX
sauon, BY Que having an interest In the matter,
ne had made no answer Whatever, that. by
natural process OF rsasonlng, would De presump-
cIRcUMsrANrIAL EVIDENCE
In acting on clrcumstantial or on presumptive
vioence jury should exercise great care, proceed
cautiously, as men are won't 10 40 when travelling
dim twilight on familiar roads, ana must dis
nnguisn the notion arising on suspicion or con-
ecture from tne relation existing between the
observed ana the Inferred facts.
BitnIn the spirit auG terms OF the illustrations
stated you VIII have occasion to consider the ex-
lstIng facts and tue lnerences that may justly De
drawn rom them. The inlerences must have
Realtny growth, spring rom the facts naturally
as ruIt from the vine, and although you cannot
trace the connection as YOU could feel the Inks or
the chain which binds material objects togetner,
YET 10 satisfy tue rue, you should perceive and
be fully convinced that the connec ION does exist
The evidence bearing on the principal question,
that OF adultery, may be taken up in its order
tnus-First. as to tae writings referred TO: sec
tacit or Implied admissions. and fourth, ass to- tue
general conduct OF the defendant.
purpose briefly 10 call your attention TO some
u the more important matters failing under each
Of those neaos. Your conclusions, however. should
not be orawn from one or tnese classes OF eyi
aeuce, out from all the testimony on this branch
Dl the case combined
In taking 20 the writings referred to you will
IA - n he hpf
December, 1870, demanding that the aefenoant
Inould leave MS pulpit and the city was the FIRST
MRS. TILToN's CHARGE
The demand was Withdrawn at the interview
had by the parties at MIR. Mou!ons house on the
evening OF December 80, 1870. The plaIntin claims
that that was in difference to the wishes Of mis-
ton IN respect to her relations TO the defendant
was held 10y MIR. Moulton. The copy OF lt when
read or stated TO the defendant, and the original
was also torn up aiterward by Mrs. Triton, with
that paper vas ruled out, because Inc wiring
was a confidential communication by the wife TO
aestructon. But mat ruling was no deprivation,
- no charge written by Mrs. Triton could have
evening Mr.. Beecher, with the assent OF the nus
Dand, called on Mrs. Hilton. He then Obtained the
paper commonly called .the tetraction," after
ward surrendered 10 Mr.. Mouton.
THE LETTER OF coNTRITIoN.n
The next paper order Is that o. January ],
1871. II is in Mr. Moulton's writing, except the
line at the bottom, and the signature, written BY
r..
question or fact IN dispute as to this paper
deserves your attention. Mr.. Moulton says that
was dictated sentence oy sentence, ano that IL
Was cad over. Mr.. Beecner denies that dictation
tnd rb4t reading.
"a 10 the degree OF credit to which these wit
nesses, thus ia conflict, may De relatively entitled
Sou are TO remember that they speak OF what oc-
CURED az a time OF great excitement. TRey may
was pouring out mis- thoughts In the agony or SELF
depreciation. the otter may well have been moved
N sympathy. The law mas tender Consideration
Tor an innrmly OF memory thus inherited: tue wit
ness not expected 20 speak OF events with clear
As to ,he subject thus SPOKEN TO by those wit
nesses you should De prudent IN reference to mere
PROBABILITIES. Nsu are not to Ldulge IN specula-
uons. or lightly consider a matter which Has Deen
anrmed because Y may not seem reasonable. III
gou were asked to determine a question from the
character, thought or style Of one well known,
iOu would hesitate, because no one IS always tenn
perate or master OF himself our moods and
freaks 81 temper mar the harmony Of thought
ana utteraMCe. Your neIgubOr may usually nave
a stald quality or Speech which SO Ell com ports
VITA his character that you recognize him ~ IL.
Bus the same man, wnen unGuly moved, NAV have
quite anOtner method aud surprise YOU by the
incongrulty. You viii, therefore, seek 10 be
GUIDED by the evidence as given. You take, nrst.
this paper, with whatever OF latent aud apparent
qashty may tend TO support or impeacn IL; sec
ondly, The statements, explanations, ana denials,
anu the aet that the paper was 10 oe used In cor
Nnsle Mr. Beecner speaking SIR. Moulton
vas writing, aud wlth his assent. II may wei be
hat IL the absence 81 deliberate course % die
alton nc could only note IN a hurried ana imper-
ect manner, detached asd strking expressions.
pr not, ana VIII what degree OF success.
Bat II the circumstances we're not favorable to
the making 81 correct report, had the writer
wished 20 make Il, neither we're they favaraoe to
tue invention or what was written.
You are 10 consider how this paper. read often
and criticised freely IL your nearing, Is to be re-
gardeG, with especial reference u the contro-
verted question OF tact to whlc Inave called your
attention.
TIE DEFENDANTS LETTERS.
The other papers belonging 10 tnis class OF evil
cence In whlcu tie defendant takes blame 20 nln-
eel, have been read several times, and need, in
tails connection, no special treatment
AS general rule IL Is tue province OF the Court
70 instruct the Jury as 10 tue import OF writing
IN evidence. That is mere especially SO as 70 con.
tfacts. But II the writings are Ambiguous, the
circumstances under which they were prepared
may De resOrted 10. and the question ofinteut aud
meaning be left TO the Jury. Al il does not appear
that words we're used IN special sense, on VIII
assume that they were used IN tnsir ordinary
sense.
Il appears rom the papers before you. tnat OF
Ianaary !. 1871, II you adopt II, and the defend.