The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-26

Mr. Bowen hailed. In Tlton's scandal an opportu.
MY 20 put Mr.. Beecher under restraint.
BOWEN WEAKENED.
however, whom his business faculties came into
play. aud ne lelt now Impossible AZ WAS TO over
throw the Plymouth p sros. In order "a inJure
ms puolcat,on ne souknt tne OCCASION OF rhton
/ Cemdnd that Mr.. Beecner should cave Brooklyn
20 relnstatc himself w,th M. Eeecner. aud the
unu KY riton was cut out OF enp'ovmenI
Bowen tneu lett the conspiracy, aud IA ton. see6-
ing aid IN conducting II. .ound 4oulton. MIS-.
II ton's brother, Kate Carey. mrs. Moulfon aud
DEFENDANT Eacn OF Ihese persons wa severely
sIlkm Atized. Mr.. Bowen Was alleged TO have no
moral natu G, Mr. Richards 10 have no uecency,
Kate Care no CHASTITY and Mouton was merely
JUDAS lSCAKioT.
10 heip 6eneral Tracy out judge Porier was
called IN TO reai what the law BOOKS SAID aoout
nor yes. Just a. General Pryor had red acoot
confess ons as good evidence, Ju ige Porter read oil
motives as an Interpretation OF evid nee.
The eudeavor TO create q seii-sufic.ency tor Mr..
class OF temptations when wer" ale ed to nave
made MI Tilton suDtle Jea Gus aGd vain as pub
NATION AIR. Iilton rom us .tera y am Hlti u,
winch was tie key OF the opening or the fence,
su-ge ted the elimination OF M. beechef from tue
same class OF ambitions. Ihey were naturally
con- parisons Cnnaturaiy they are destroying an-
gels o! each other.
THE DEFENCE.
When the conrt was formally opened General
Trscy resumed his aduress:-
GRSTLEMFN OF THE j Rive now approach the
consider the ia ure OF tbs acton. Ihe planur
in tnis action bound IT, make oat a case beyond
all .onable DOUBT. IL Is bound TO nitro
duce evidence S,ich satisfies GU mat this onenee
has been committed beyond a reasonable doub'.
1t is not Tor tnls defendant prove mat he as not
guilty Q, tl's oHence ~ ~ lor me pros euion 10
IRON he ver' nature OF the case n Is one where
affirmative evidence Is Impossible, eXcept from
whoever lie NAV be, charged WITH such an offence
as this can introauce affirmative evidence upon
the nitness stand tnat he Is not guilty the
offence or 1t is Impossible lor any witness save
himself TO testify that ne oid not commit IL.
Wherever sucn an accusation Is mace against
Iunuing over long per Cd OF tine. you see how
come upon The witness stand ana say, II OF my
own knowledge kn, W that til, accusaton Is un-
true.r select tue most es naDle man within ur
own knowledge, gentlemen, and onng cha &c
against nun; let any cuarsctef. however woftl-
lame, Tor instance, 10 the city New YORK al some
time during period OF sixteen months. II ne has
resided IN The city OF New Iork curing that time.
and what can he do In answer 10 such "a charge az
that Out TO say q IS unit and relY upon he Dsuf
cheney OF the evidence to establish ais guilt essnesf
IL uJteril ossibe tor nam % can witness 10
the tuess stand who can say that TINS man ala
not visit taese houses. lie cannot 90 tnat. in tue
a mega I've when 1t Is very difficult under auy CIR
cumstances TO estaoiisn. From tie yery ma
tire oi this Case, there ore, all this de-
fendaut when he accused OF this cri
committed plth lady VINO vas his acqu IN ance
house. visited her at me solicitation o ner
husoand--when he IL accus d ol that ohence, al
he Can do is TO interpose us word OF deniaI and
rest upon his established Character wncn ne hts
made during the TASTY hrty years IN ur midst
ana SAY 70 you, 'GeuteMel, Tue EVIDENCE WnlcH
Is introduced Oefore YOU 10 establish nv guilt Is
unwortny OF belief" IL must he removed rom
all su-p cion; It must be evidence free from doubt
IL must ue evidence that carries nome 80 you con-
scious CONVICTION o. tue offence charged. or you
are boond by tue oaths YOU have taken 20 render
verdict mere tor This deeudant. There Is not
Tact or circumstance worthy OF credit here wnicn
TENDS TO show In the slghest oegree improper
familiarity between these pa ties, mncn lcss Il
CRIMINAL act. The plaintiff Knows has VIE well,
and during ali these years he IS unable to lay ms
hand upon q single we'll autnen'ca ed act whicn
will snow that TINS ''whlte-souied woman" had
been guilty 81 the sghlest impIGpr'ey min ner
OF the woman Kate Carey the woman Drawn
LAzAR HOUSE or NEW YORK
City, where she haa been sent tyice in three
months, and reekipg WITH prostitution aud gults
she saw ms plaintiffs VIE sitting upon the Anees
OF the defend aDt. Gentiemeo, | do lot ueed 70
Insult your good sense bv shoaina what they ask
you TO beIeve mau OF he eputat on OF Henry
Ward Beecher, ana oi a woman OF sucn Character
as We plaintiff gives nis wle ior twenty years
carey, alas Smith.
General fracy, alter severe attack on the evi.
depCe MrS. Carey continued II desire to invite
history Of tbs case, bei6ro bsgin to uuravel the
network which the plaintiff. VII his fertile brain,
stimu ated and aided by ms mutual friend has Tor
iour years oeen weaving around me leet OF M!
in cognecton with direct evidence or circum-
stanlisl evidence the oral admissions OF the
cused are pertinent evidence. but Wherever circum-
stantial evidence Is rehed upon the circumstances
taken together must slaOiisn the GLOWING three
IacrS:-fr5t, the criminal disposition OF the
charged. They have MOI shown That either OF the
parties charged had any disposition 10 commit the
act OF adultery; they have not gwen you any eyi.
deuce OF tnat at all All their associations, all
their intercourse is apparently innocent,
as innocent as any association possibly
Can be. An OF 1t was carried On under che
eye Of Tilton, with his concurrence and approval.
There Is nO,nlng IN tt rom the beginning to The
END 10 sukgest to you the thought o. crimindlity
Fsrst-Tne CRIMINAL disposition OF the party
Second-A like disposition on the part of tie
alleged paramount
Thirl-An oppOrtuDity to commit the acts.
These three facts must De reasonably approx.
mate In point OF time, and the oppOrtunltJ must
Ue one cnaracterzed by circumstances pointing
to quit. la other words, guilt cannot oe Inerred
from the opportunity to commit adultery, unless
there also evidence that at about the same tine
there were acts OF eacn party specifically Ind cat
ing a disposition % commit II. 1t Is tns class or
evidence gentle men, wnicn Is usually rened on
courts oil justice 10 establish the iacL Of
adultery.
that is the relations OF the parties, the fire.
Quency they have been seen together, the places
at which they nave been seen, the steatny meet
ings Of the parties all oil that class OF acts tending
to show a disposition to commit adultc y, Is the
class OF evidence usually reed upon and IS sci.
dom or never wanting IN any case OF adultery
charged In good attn. rms IS almost the ony
important case record where here IS no proof
OF acts anu circumstances calculated to excite
suspicion md produce conviction OF guilt. ms
case Is made 10 rest entirely upon the supposed
confession OF the defendant. 30 far as the case
served that these are o. Two classestne letters OF
the defendant and the rel orts gwen oy witne SEES
OF rs oral convefsatIcn. Inc letters are IA evi-
deDce dld viii speak Tor themselves. lbe alleged
oral confessions are an entirely different KIND OF
evidence, SUCH evidence Is always tested by
the la W with the most careful scrutiny. MY asso-
cate, Judge Porter, now viii relieve me 10y read.
ing the rules OF Law In reference 10 tins Class OF
evidence oral evidence
RULES OF Law.
Judge Porter tben read a series or extracts from
legal auth rites bearing on the question:, after
winch General Tracy gave snort rssagne OF what
his associate Judge forter lad Just read. and eA-
pi8ined LOW they bore on the present case. lie
cOutluued.-H2vIuk considered
the rules OF Law winch must govern you IN Tn 3
csse 1 now resume the narrative where MI. III
ton SAYS TO Bowen tnat Beecaer MADE an unnaDd-
some proposal to ms vie. Beecner he said. ad
made an unnandsome proposal o his WE. This
was news TO Bowen; tue ann uncement OF IL
caused tbs very soul to thrill with delight. lie at
once discovered ms opportJ II he could lead
Tilton 70 make a personal attack upon beecner
this would give him the choice OF two altefna-
tiyes:--If M on succeeded IN MS ATTACK upon