The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-28

his representative capacity. These solcltudes
are not personal. No considerations OF vanity
\ or OF fame have anything 10 DO win
his anNieties Tor his client. All mere
Y eXnlbtory or ostentatous speeches have always
been foreign 10 forensic enorts. We deal win
realities, we have 10 40 with living men ana living
women and with real personal iates anu II Is this
that dlsquets the advocate when ne comes u feel
that MS representation ceases, and ali ms snort
comings are TO come as penalties upon ms client
wnen he no longer stand TO interpose any
snleld IN Ms defence but MS ow n influence ~ was
Ihis that maze Cicero VINO stood al the head or
ancient orators and whose ame transcends All
modern regulations IN our profession. cicero,
aTer ne had been credited with being tile greatest
LAWYER among ora ors ana the greatest orator
amoaR lawyers, whose works are upon the
shelves or every scrolar though he Be NOT a Ia "
yer and upon The snelyes vi every lawyer, thouLn
he De NOT sch0ar-it was this that led cicero
10 say, when he could not confess soo1 grounds
Tor confidence IN himself ~, Notwithstanding all
TINS, declare help God, ana ne mercilul 70 me.
that never tnluk OF the time wnen shall have u
only DISTURBED IA my mind, but troubled in every
hmb OF my BODY Thus IL Is that the late OF the
OMISSIONS, rests upon the mlnu and eNcttes
the soAcltude u tue advocate There j. certainly,
gentlemen, everything in his case. as through the
long period OF the tr,6l II has been drawn
out before you, that should make every one
feel-not IN personal seuse, but Ia the solctude
Tor the cilent-wlat he would desire, AID what he
misses Ia himself. one would Wish Tor mat abu-
lou1 power ny which the poetic invention IS sought
~ exc out the innsmltles OF our leeoie nat
one would wish ior hundred eyes 70 pry into
every nook and creytce OF the testimony, aud
uraW iortn APPLY ana III season every lact Nhefe IL
was needed, 50 that II would be elneaci0us. tie
would wisn Tor a hundred hands, 50 tnat he
could hold up the whole mass u A. lur is cUtrec-
tive power over your minds, and tDen that ne
might DIVIDE, distribute and discriminate X, 50
that III some vigorous hand there suouid always
be every topic every passage tnat cOu sned ilght
ana carry conviction. Iwoud VISA lor more than
thls-ior he AID OF an Instrument, that percspllYe
force which can discern the merits anu the ecaces
oil the Vast dffused elements d the PROOF, ana
by unerIing magnetism uraw lortu proc. r0In
all, missing single needle from ANY la, stack
strewn overt he wide field u TINS trIal where II
was needed to scratch the face or every ugly iase
would wish had nat power Of reason That
could crush the oodurate mass Of evidence
separate the false from the true, anu then,
W intellectual alchemy, purge IL OF all
ar0ss and Dur lose ro6 9o' ami
use tina, and that alone as sterlng CON Tor your
circulation. And most q ali woulu wish for tnat
moral power OF aistIlatlou that could deal with
the juices OF this long fermentation, strip them
OF al dlscordant elements, reject all poisonous
oils,
ALL CORROSIVE ACIDS.
all heauy heat OF passion and OF prejudice, and
present TO YOU tue pure, lnyle Grating vine u
honest sympathy Tor human nature, warmth Tor
human sympatn. justice lor that great gut u
eloquence, which, "o'erleaping the short circuit
between the voice anu the ear, speaks out rom
heart u heart face answeretn Iacen The
great Lord Bacon has said, in eioquence here
should be no ludIsctetlon OF Speech that no ex-
clement, peTversions, no anImosltIes,
mite, should carry the advocate beS ond tue line
81 uuty TO ais client, 10 truth to Justice TO MS
oppunent ana u yuu u L. 10 private cases now.
mOmentUus Lne interests, those sentiments
aud feelings may Justly agitate the mInd OF the
advocate, now much mora persuasive are they
when tue matter IN hand Is Irausnt WI great
pubnc interests aud stirring, popular passions;
where the Client has become lnYoived IN
ed1ies ana currents OF controversy between
mems opinions and preJudices and feelings IN al
lie Why, from the time the scandal nrsL
tarust on puDic attention II mas been true II THIS
csse-so lar as the INDIVIDUAL pears On the indi-
vIdua Iact; So lar as tue individual accused upon
bis real character; 50 lar from he culpfit being
judged or measured ~ that measure winch we
WISH 70 meie anu that W. pray TO nave melted
some Gay 70 ourselves, they nave been mace tue
personal means upon whlcn all SORTS OF pu0lic
controversy aud public contqmely ana publlc ais
cOrus have turned Tue question OF taste, u social
etiquette, OF manners % Inoralty, u religious
forms, OF religious ialtn as Affecting communities,
forms " communion, particular CHURCHES paruc-
uar circles OF soclety,-ah have oeen tesied by
tuis endless controversy, IN wnlcn these parties,
and IN wbicn the actual facts he case, nave
really formed but little part. Everybody nas oeen
America: New York mas been trying Brook
gn; olner cities and inc rest Of tho
country nave been trying New YORK
culauaum and Pompel, soaom and Co
nave been irving the Churches; the ancienI
Cnntcn, the mother or all dissenting denomlna-
lions the Romsn Churca, has been trying Prot
esiantsm; the Church ~ dignity ana longest
tanAsned among dissenting churches, the Protes-
tant Church, mas Oeen try all tue forms u as
senters sno nave not tue ri al; then tue Pres
D. terian has been trying all the more modern
forms Of dissenting secls and then the
turn, Las been trying coasregatioa alism.
and then at last rgIegationalism mas been
no be heard in tnIs storm 81 controversy.
We on the part 81 Europe were 70 admit
our unclVlized AMI vulgar institutions, ana tnen
II these different cities were ~ Try II On me ques
ton loss Of absolute ana nAed Traditional
iaitn-wel, the moment people undertake to De
independent aud care more Ior practical
morantyN and prac icAi charity than Tor tue
ortnoaop q doctrne-yain human asplra.
toe methods " accusation, OF I'm
putauon, or discussion aud Of CONCLUSION, wny.
Mr.. beecner and Mrs. Ill on-they actualy form
toe pressure Vi the caarge brought rom the uuss
ol these WHirlwinds-tnese forces determine tbe
CONCLUSIONS or men, and not tue actual welgai aud
character VI auy personal conduct or evidence.
When we come 10 tue couslderatiO oil tue de-
iendant as placed In con- mon attitudes court or
iustce-there wa at once an immense expansion
Of sne puOic expectation as % what cOuldsDe uone
or should Oe Done BY sucn a man.
THK PROPOSITION or GUILT MUST BIZ PROVED.
and NJ against wnom u was not proved was dis
charged, scqut and innocent rom human
ne could anirmauvely prove his innocence
clear a. u would appear, II ne was innocent, at
pargalSon. and aad ieit the e. people toe night to
DOUBT ABOUT MIN or 70 make TINS exacture Of
anu 10 iurnsn Us with none or the Compelling
prophecies, none Of tne penetrating Omnlsclence.
God. "a. lnceed, buruen that cannot be borne.
Now. take the point wuers tue scandal. a
scanda, "a matter Of imputauon as a matter Of
curious ms sectlOn. a. q matter OF wise deuDera-
ton, a. matter Of uninpassoned and yet one
SIDED conclusion, ahd see nov by reference 10
or this controversy our loving Client be echer,
has been exp sed to judgments that mad
nothing TO DO with Lin or the facts
or the case Well, wuen the scandal
10 promulgated, tnen all At once there a vast
class u toe community hat gives IL a ready ac-
ceptance all the IDLE prongates Of New YORK De-
leve IL ana IN every quarter where the wicked
classes hOIo their meetings. and hUid their Cos
slps-with sneer and smile tue scandal was &C
cepted. That mis- mao should err with THIS woman,
That me WlcKsdness q the nesh should Jled 70 toe
temptations OF the nesa these classes say they
knew, and tney were gao that their opinions and
doctrines were being accepted among the more
serious casses 0tners put " on wnat they
derstood u De the Robustness OF Beecher's frame.
Wei. now, that that Is ground 10 puL II on very
dtficult 10 deal with we Will not deHy. Tat
Is man. ne represented himself 70 you,
you have studied his lace ana seen hls
ViRor, and the whole analysis OF the
whole argument put upon the mans
physical strength and temperament Weil 70
be sure, that argument overthrows human
virtue human society aud education Religious
ana moral ialLn 10 man, love for man, love Tor
God anu love 10 God-thls overtnrOws them ali.
And why noti Man is an animal and wnen yOu
come 70 deal with the question Of natural pr0Den-
sltes you must treat MIN as animal In