The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-06-24

day Is between the law and great char
acter and great church. If the latter tri-
umpb and the law Is trodden down, woe
unto him who calleth good, evil, and evil,
good. May it please your bouor, 1t is not
that should express the common senti-
ment of my associates and myself as we re-
call the iadulgent dignity and fearless
learning with which you have guided us
through the tangled mazes of this trial.
You can receive no nobler tribute than that
offered by our adversaries. Fighting every
step of the case, sprinkline the record all
over with exceptions. they have ack-
nowledged the entire accuracy of
your numerous decisions. You have the
qualification TO know that you have worked
no injustice TO this defendant. | indulge
in the hope that the feeling of regard with
which you have honored me, will, as will
my own warm feeling toward yourself,
grow and increase after the close of these
toilsome days. | cannot close without ex-
pressing my grateful thanks TO my noble
friends and associates. If auy merit has
attended my efforts it is due to their sa-
gacity and wise prompting posting me in
the front of the battle they have stood as
Its leaders. 1t has been a great loss that by
unavoidable circumstances my friend, Gen
eral Prior has been so much away from the
case. If he has not struck so may blows
in the field he has been the wisdom of our
cabinet deeply are we indebted to his
ready wit, large learning and Judlcious
counsel. You will credit me when / de-
clare that the duty | have
performed has been unwelcOme
and painful have not spoken ought in ma.
lice; leave this cause without the slight
est asperlty of feeling toward anyone
filed with unaffected admiration of the
transcendent qualities of my distinguished
antagonists. No one admires more largely
than myself the magnificent genius of this
defendant. Rich as he is in mental endow-
ments, prodigal as his labors have been,
they cannot shelter offence against the
law. Genius as lofty could not save
Bacon he sinned and fell and upon
his memory history has written
the epitapb, "'The wisest, greatest, meanest
Of mankind Towards great men in dis
grace like these men who fall as Whittier,
New England's gifted poet. writes in his
poem called "Ichabod":
$50 fallen, so lost,
The light withdrawn which once he bore.
The glory OF his gray hair gone for evermore.
| Revlle him not"
Mr.. Beach then submitted the cause to
the july by reading an extract from an ad-
dress of Daniel Webster, being an admoui-
ton to jurors to do their duty according
to their oath, regardless of consequences.
Hearty applause, followed.
Mr.. Abbott then submitted TO the judge
fifty-threc requests to charge.
| Mr.. Fullerton said there were no re-
quests on the part of the plaintiff to pre-
sent.
When Mr.. Abbott had finished his read
ing, MIR. Beach rose and requested that the
court appoint some time and place for the
hearing of an application to reopen the
case on the ground of newly discovered ev-
idence. To this Judge Nelson stated that
he would like to hear what the defense had
to say about it. but Mr.. Evarts replied tina,
he had nothing to say in the matter.
Judge Nelson said that there was nc
necessity for fixing a time and place tt
hear the motion, as no objection was raiset
by the other side and that if the affidaviti
which the counsel said he had to sustain
the application were given to him he would
examine them and give his decision to-mor
row before he began his charge.
The aflidavils were then passed up TO biz
honor and the court adjourned.