New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-16
THE LAW FEARING on TIE CASE.

Vow it would be desirable, think, may it
please yoir Honor shat before addressing ourselves
especially she evidence In ,his bearing directly
and briefly lpou the plaintiffs claim Of action 10 learn,
n W. can the principles q law IL regard To the
evidence appropriate To such examination ~ tSs an's
more especially, ascertain II t's propositions Of my
learned FREUD Mr. Evsrrs N "a be- supported by tho in-
s,rIcron of your Iouor The jury. understand him
- say SiF, S.t ia ease oi sls ehae.ter t - I'M
possible fJr Jary to c"nyict-IDd use thas
term with the idea o Grim nal III nseuion fne mere
con e.slon Of accused party. We have Tie prof
he credited the confession OK both ~ th-ni i have
already said your Honor that claim forve tor ths
confession the part " Mr. HoD except so lar ~ k
has been raiiaeI authenticated, acknowledged oy tho
action OF Mr. Beecher when communicated ID him; has
for tho confession OF MI Beesher l claim 10
full capacity without any other proof, wItheat
any evidence ~ sonncvting CIRCUMSTANCES - lie
full capacity, justify verdict ia q ~ this char.
acer; and Ask your lIoB1r's attention, In the arst
place, 20 the OF Harris as HaTs HAsgafd page
40 aud draw attention merely the syllabus 81 tho
tatng thu principle adudicated in his decision:
When vile Ia charged with adultery, her conduct and
declarations on confession OF sn.t ~ the aIe gel par,s
ceps erai being communicated ~ her are admissible
evidence % boiial, VI tAe defendant
Well yonr Honor has already ruled that but thought
it, perhaps esir bile furnish authority ~ show that
Ia tho Consisory Courts Of England confession Of AZ
alleged pirimour communicated 20 she ether, and al
nted BY that other eithrr by contuc' or declarations,
was COMPETENT evidence nlan which decree Of
divorce could be pr noauced.
Ials0 en- yo,.r attention 20 the al Mortimer
pgt Mortimer In the volume, Hs,yard. pan 3l0
II sometimes difficult Sir, Ind these references. be-
cause the Ecclesiastical and Coashstory Reports are In
different volumes aud partially IN shs volume HE
Honor sir william Scott Ia speaking upon the slest of
cOnfesalOus saya;
Now [ need not observe that confession generally
ranks Msh og shoGh say higaest the scale o evil
noe. Ia. l. taken yrs e0nsso l. taken ntUbitable
rath The plea Of guilt by the party ar'i~ef shuts os
urther inquiry Hates'ss c"'nieEsn" Is dem
Onslratlon unless direct be ss~sesi e
This confession however does nOi admit either III its
own immediate circumstances Ia any eondnet Of the
party the p.Ssibty VI suah sotivrs 10 " wrung
rom hes by the suong emotions OF her mind -
dreuio norris at moment when her declaration, nade
against others, much more acsnst herself would
he received 1pon the footng OF testimony. 10
ula.e party injured or tae ef isasrd
conscience II is confined, ~ hor own slrs, ~ tie
most solemn OF her religion II 10 rspea..i, soLsr
tine alterwar to another persoa istcr-sted IA tnow
ng II, and with reference !" circumstances within tie
know ledge OF that pereOn which had sccur.ed tho
very day which the confession earnest back the ci-
indl act
read this for the purpose Of fairly presenting 10 your
Honor the soeIan.ty which att assd tho eonissa In
this case.
Two objections however sre taken hrse thas -cuses.
sioas alone WILL not support charge VI adultery, though
they would support charges " highest
rs treason, murder Be-; aud y eorsinly true t.at
such s the letter Of the which guides ihe pssi-
ugs OF s court, and saea tie ls. stafisn vie4 v
Las received The more rational doctrine 10 thai ssaie>
feeIiy i,e irom al suspicion II sosssivs purpose.
might be sufficient u found prayer for
t.oa mesa q ss0ro thougA aos ..o asams~de .salve
necOns. The distinction Ia the rational here
iS certainly xou.d be psely harsh sjsneissn ~ aw 70
live with a Wife WHO had scknow'sdg,d hss
aadGy TO his bel 70 And so . ,se nciess
by recognizing difference Of rae in tns swo aiersnS
sss Of nD's'e AMI o. .ssrs ,spara:o sasa
canon IA this country. Bat The canon now established.
A0d - siSEcea W ntespr'tA"ss ~ sssssl 40 -