New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-30

nCt 10.
Election that this is an argument upon question OF a"
addressed 10 a court Of law; that / speak to MIND
learned and experienced, and not lkey 7" -
moved from its self-possession by the deciamali'"
Of counsel That defamation, Sir would, TO my m'N IN
been impressive had been uttered IN the eSu
who had not forgotten the preeept taught by ms p
sona representatives, on behalf Of who has invaded ne
sanctty and privacy domestic life aHd who as the evidence
stands seduced that wife from her aeg ance ana n-
self introduced her before his packed Committee to Fec" me
Of domestic inercourse-roduced Sir upon ua &C.
yy and the husband who now seeks tue &C.
indicate himself from the aspeions; 70 tell to your
Honor community the story OF the sad lament
able difference which has broken happy and honoed home
scattered its inmates upon the cold charities Of the world
THE DETENsE's PROPOSITION UNJUST.
accept Sir the rendered by my learned Trend
Refused simple proposition in practical Application 20
this case the proposition Of the counsel Is that berry "aa
Beeche witness in this action, and Theodore IIIon Is not
Whatever Henry Ward Beecher upon that stand may choose
say however he may sgmaze Theodore Tton II perhance
he should that from the lips Of Theodore Ton forgive
has been literally tendered-nay he should swear
that he paid Theodore Ton for the wrong aud received
discharge for his outrage upon his rights the justice and IN
partially VI the law still excludes Theodore Ton Rom al
swerng the imputationA 1t presents, Sir, just that
conclusion and IL yonr Honor yields 70 the
proposition, it effects inst that practical. resul',
that Henry Ward Beecher free and at liberty to testify 70
whatever his conscience viii pemthe accused secncer may
attempt witness free himself from the accusauon and
wronged outraged husband t with lips scaled by
the law and offer this Court and jury 10 testimony
support his action Before your Honor shall reach conca
sion OF that character, unjust in all It. theory and
mischieyous in all its consequences, you must be
driven 10 it by clear and satisfactory authority
Il s contrary notions Of justice Il seems 20 be con-
trary the theory Of laws Of evidence and works pra
cal wrong which would outrage the common sense If the COM
munlty.
GRAVITY OF TIE QUESTION.
Now Sir admit this i grave issue important not only AZ
affecting this principle established by the wisdom and the eze
Of the past grave and important in is relations TO
other subjects Of domestic aud public policy sub
mitted your Honor agree Sir that The law chersnes with
the family and the home and well it h Sir that
il for with my learned friend that upon them
foundation Of every wei regulated society and
Government It there that those lessons Of purity and Wis
dom taught forming the mind for the discharge o. those
exalted duties which belong every member Of society and
from them the agents who 10 carry onward and
upward the great mystery Of mans creation agree that
no society OF Government can sandyiruousy ssndexcept
upon the maintenance Of the eancy and the virtue OF the
domestic circle / agree too Sir thar there is much Of
beauty in the idea Of unity attached 20 the mar
relation That idea Of the confluence Of two souls ming
ling oil their affections and sympaies aud interests in one,
hand hand meeting the contingencies and a4yeres Of
life with mutual encouragement and lOye Is well calculated 10
excite the beautiful imagery Of ms learned adversary L ap
peas Sir directly and feeny my ympatles but are
we TO forget that in what called the progress Of civilization
tnat that idea las been manged and torn asander Are Ge to
be blind legislation Of the present. Are we to ignore the
fact that all ideas have been exploded AID destroyed by
what deem the vandalism Of modern legsauoni In 1913
that unity was efectu4ly impaired under is notions and
y the common law the wife could not the husband She
had no status the Courts except in tue vide discretion
and the exalted equity Of Court OF Chancery Yet she
may now bring action By the common law the wife could
hold no separate personal property except by ante nupa settle
tf.rr - mir md v.f uDy En1
may 60 the world and barter and trade and t1se with
the energies Of commercial and business lie once her true
sphere the domestic circle and around The heaAsJone
cuyqtng those tender sentiments qualities which al
once her grace glory but to-day by Tie voice end power Of
LEGISLATION che ushered the busy Of life and be-
active and independent actor In all struggles Ile
counsel says idea OF unity this conservation Of the domes
tic circle cannot be by the rude hand Of tie law. Sir It
has been nanged and That identity OF interest that
union Of soul separated only by the voice Of legal
theory but by The practical application 81 1t 10 the Ordinary
concerns OF life. Ny learned friends have produced
here Sir a wonderful Of authorities gathered from
the adudcatons modern Law both in England and
in the STATES Of this country But Sir you know the rules
Of evidence nay the principles Of law applicable 10 dsnc
communities and the Of conederacy are
regulated by special gaton OF each state differing II
each conflicting founded upon adverse principles sus
tanning diverse policies they nsated By the particular
notions VI the special communities TO which they are 10 De P
piled.
MODERN rRUgR GUIDES
And how this question be addsed Sir, By the law o.
En1and as il was OF by The law Of England Of oday By
the legislation Of our associated States by the legislation
and the and the policy Of the State OF NewYork? Ger
tanv Sir By the latter and what need gather those ancient
authorities pronounced and policy nappcable to
the present condition Of society and asserting OF the
rights which By modern legislation have been conferred mu-
trally upon husband and wife. Ny friends have
been digrng among fossils OF a past generation.
They are gathering the dead Of exploded
theories and I'd Indications and confronting them in ghAsy
contrast with what processes be the improvement OF modern
times Sir we to be governed by them Your Honor
20 decide this with the ideas Of this day.
A. thew are established by the Legislature and the law Of this
state guided admit by those general considerations Of pro-
Drety and BY those rules which govern the construction and
applications and decisions For examining those
Sir in answer the illustration Of learned friend and TO I'D
the idea ofhe real impractical issue which presented
by this objection permit follow aim in Illustration.
imagine Sir happy and honored and cultured home The
wife and feeble and delicate woman, emnenty de-
votona and pou impulses and has been shown in
this case and will be hereafter devoted the husband Of
her early choice Of her children She ad pastor
learned and eminent gifted beyond his fellows who stood
at the very head OF his honoed and sacred profession one
whose words were listened with difference and with accept
ance All Sir he had those qualities Of mind and heart he
had tat persuasive power Of eoQuence that insdious and
silver tongue which would lure angel from its paradise He
was her accepted and chosen eaher and guide She looked
M 10 him with second only that with which
regarded her God Nay Christ had come down
with the glory Calvary upon his brow and the love OF sac
fee in his ewes she could have bowed to him with
obedience and idoatrous Difference than this weman
rendered 10 her pastor and her earthly God.
From her childhood Sir she under his teaching and
dominion He almost inmate Of her home In the con-
ddeuce Of husband and friend pupil Of this aged and
venerable and gifted he welcomed with confidence and
Affection lie exerted upon her Sir all h rts his secous
wisdom his prayerul devotion. All the efforts Of lis gifted
nature were the seduction Of this happy and beloved
wife and mother and she fell And wonder Sir Is she
10 be blamed iof the act Il this prosecution Of herr Is The