The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-06-24

stood in the same attitude as Beecher Op
posing his unsupported word to that Of
three gentlemen whose reputation was
equal 10 his own. Mr.. Eyars and Mr.
Porter had said that the action Of Mr.
Tracy had received their sanction. He
had the greatest respect and regard fOI
these gentlemen professionally and so.
Cially, but on this point he was compelled
TO differ from their opinion, and regard
the course Of Mr.. Tracy asinyOlving
PROFESSIONAL TREACHERY AND PERSON.
AL DIsHoEoR,
Beach then cited number Of instances
in which the American courts had strong
ly reprobated the appearance Of a lawyer
in the character Of counsel and witness,
Would any gentleman Of honor suppose
that Tracy had a right to act as counsel
for Mr.. Beecher? Now, said the counsel,
Moulton swears in his direct testimony
that he communicated to Tracy that Til
ton had preferred a charge Of criminal
intimacy with his wife against Beecher,
Shearman interrupted here to state
that Tracy had always been acting as
the counsel Of Beecher.
Beach said tho counsel and his advo.
Gates could not skulk away from the fact
that he was acting as the advocate OF
Tilton. The jury might remember that
Tilton had told Tracy that he did not
understand the etiquette OF the profess
sion and Tracy replied that no matter
about the etiquette OF the profession he
would protect his relations at all hazards.
Tracy and his friends had challenged this
issue and they must meet II, II the
profession will tolerate such breach OF
faith as that, II will become, and ought to
become, a byword and a scorn. Mr..
Beach read the resolution entered into by
lawyers against abandoning one side Of a
case and taking up the other. leave
that part Of the subject, and only regret
that / had to refer to II, The subject
will be for the consideration Of others,
My argument is finished.
Mr.. BEACH PERoRATEs.
All these disagreeable circumstances
are past, and ] am glad am free from
them. We have communed for some time
on great themes associated with the high.
est Interests Of humanity. Truth, moral.
ity and all the great topics which stir
humanity have mingled In our com.
munion. II anything can exalt us TO a
nObler conception Of the beauties Of truth
Il Is scene like this, so full Of grave
responsibility. I know my inability
worthily 10 meet the duties Of my
position In the face Of adyersaries SO
cunning Of fence, but the race Is not
always to the swift nor the battle TO
the strong. l 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.oi.
arms and seal Of your city Is the motto,
"Rlght makes might" and on any day Of
public celebration 1t shines upon the flag
which Is flung out from the dome Of your
City Hall. II is the one which encour.
ages and strengthens weakness In It's con-
test with arrogance and power, II Is the
sentiment which has sustained my client
In all the difficulties and discourage.
ments Of this trial, and which will sus.
tain and eventually, l trust, redeem him,
because 1t bears the promise Of Him
whose word shall never fail.
Weuried and worn with this trial, l
yet part from you with a respect
lul regret. Our intimacy from long
association impresses me with kindly
sentiments and interest for each one OF
YOU. We have stood before this Commu.
nifty animated by common object, seek.
Ing after the right In honest sincerity
and without dlstemper, free from the
turbulent influence, anxieties and sym.
palhies Of an excited people, actuated by
q desire to uphold the strong pillars Of
the temple Of truth and honesty, and 10
preserve the altar Of God from the efforts
aimed at It's ruin. The struggle to-day Ia
between the law and great character and
great church. II the latter triumph
and the law Is trodden down WOO unto
him who Caleth good evil and evil good
May It please your honor, II need not,
that / should express the common senti.
ment Of my associates and myself aS We
recall the fndulgent dignity and fearless
learning with which you have guided us
through the tangled males Of this trial
You can receive no nobler tribute than
that offered by our adverSaries. Fighting
every step Of the case, sprinkling the re-
cord all over with exceptions, they have
acknowledged the entire accuracy Of
your numerous decisions. You have the
qualification 10 know that you have
worked no injustice to this defendant.
| indulge hope that the feeling Of regard
which you have honored mo with as we'll
az my own warm feelings towards your.
self will grow and increase after the close
Of these toilsomU days.
cannot close without expressing my
grateful thanks 10 my noble friends and
and associates. Ifany merit has attended
my efforts II Is due to their sagacity and
wise prompting. Posting me In the irst
Of the battle, they have still stood as It's
leaders. It has been u great loss that by
unavoidable circumstances General Pryor
has been so much away from this case.
II he has not stricken so many blows In
the field, he has been the wisdom Of our
cabinet. Deeply are all indebted TO hiS
ready and large learning and judicious
counsel. You will credit me when de.
clare that the duty | have performed has
been unwelcome and painful. / have not
spoken aught In malice. I leave this
cause without the slightest hspcrity Of
feeling toward any one. Filled with I'm.
affected admiration Of the transcendent
qualities Of my distinguished antagonist,
no one admires more largely than
myself the magnificent genius Of the
defendant, rich as lie Is in mental
endowments. ProdigAl as his labors have
been they cannot shelter the offence
against the law. Genius as lofty could
not save Bacon. He sinned and fell and
upon his memory history has written the
epitaph: "The wisest, greatest aud mean.
est Of mankind" Towards great men In
disgrace like these who fall, as Whittier,
New England's gifted poet, writes in bis
poem called Ichabod So fallen, so lost,
the light Withdraw, the light, the love,
the glory Of his grey hairs gone forever
more, revile him not.
Mr.. Beach then submitted the cause 10
the Jury by reading an extract from an
address Of Daniel Webster. The extract
was an admonition to do their whole duty
according to their oaths regardless Of the
consequences. A hearty applause fol.
lowed.
Mr.. Abbott then said they had nun.
har nf Fnnunsia IN nhnFgn and askad ~