New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-24
MIR. BEACHs QUOTATIONS FROM SERMONS
DECLARED INCORRECT.

Mr.. Shearman-If your Honor please, / de-
sire at this point to say q few words Informed my
learned friend that desired to call the attention Of the
court to this error, aud to some other errors
Mr. Beach-That will not do Sir.
Mr.. shearman-And now, your Honor, I rise for the
purpose of obecng any quotations from alleged ser
or speeches OF Mr. Beecher upon the ground that
these sermons have not been put IN evidences that we
upon our part quoted nothing against Mr. Tton On
the summing up which was not put in evdence and that
as all my associates of the opinion 1t entirely out
of order and permissible in court OF justice to quote
in the summing up any language Of party which has
not been regularly put In evidence. My learned friend
expressed and indeed insisted upon his right to make an
explanation Of his In language but must respect
fully submit that he has not sufficiently covered the
ground and have right to state the objection in order
to enforce the short argument which make against his
continuance in this line OF quotation.
Judge Neson--That you do after Mr. Beach closes,
and perhaps he lie through with those quotations.
Mr. Beach, am not through, Sir.
Judge Neilson-I think counsel In argument can
mere argument, use any paper.
Mr.. shearman-And mpute 1t to the defendanti
Judge Neilson-We, that is a question.
Mr. shearman-well, should think 1t was, Sir.
should think was the most extraordinary proposition
that ever heard advanced don't think that the coun-
sci will advance It.
Judge Neilson-No one says it lie evidence.
Mr. Evarts-Your Honor will remember that In regard
nothing further say than that we put them In evi-
denee and counsel properly examined him under
your Hcnos authority and permission and the rules OF
law which made very proper as to what he meant by
this that or the other thing Now, II the writings OF
parties who have had the vocation Of writers or preach
rs or speakers be brought In as evidence OF their
own acts without being brought in In the shape that per-
mts the act TO be scrutnsed and qualified or explained
as may be- why lie very plain that parties are very
much exposed-very much, indeed Now, no doubt Mr.
Beecher's public In certain sense era-
time accessible; but nevertheless where the party-he
wrter-is himself party to the litigation hnd the mat
ters sdduced supposed TO have weight-and the
learned counsel Of would not bring them unless
he thought they had weight-there seems to be some
little awkwardness In confounding the evidence In
cause with the argument IN q cause.
Mr. Beach-Both Of my learned friends Sir, INDUCED
very great license their reference 10 matters outside Of
the evidence and two instances used writings
prut declarations OF others which not In evidence
but your Honor will remember that during the whole OF
the addresses OF my learned friends principles motives
sentiments were attributed 20 Mr. Beecher OF which no
evidence was given this and which could not be
founded upon anything but the assumed OF
learned friends OF the public life and ministerial charac
Tor of MT Beecher and supposed that In answer " that