New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-02
ARGUMENT OF MR.. EVARTS.

AHGDMENl VI Mn. Ef AhlS'
Mr.. Evarts-We are entitled, if your Honor
please aside from the ground have stated land do
not perceive that my learned friend the PROPOSE
toni that all the conduct between Mr.. Beecher and this
lady II II could be portrayed by witnesses, from the time
of their first knowledge OF each other down to this
period OF which am now nquring, can be given before
your Honor and the jury bearing upon the question:
that every every word being disclosed then the con-
cuson was DE drawn whether there had been guilt
whether there was innocence Now no would doubt
that, II that possible in human evidence, we
should have the perfect means OF determin-
ing what the relation between this defendant
and this lady and has been from the
first time he her until the last moment when he was
accused That not possible but it is possible, under
the present rules Of evidence that permits parties 10 in
erviews although they also may DE parties to the suit,
to be witnesses Of what occurred under their obser
vation and in their hcaring-tO wit interviews in
which they took part, to bring before court and jury
whatever human memory can remember and human
language reproduce and apprchend that there never
has been any doubt, since this trial commenced,
that what did between this defendant and this lady
during the period of their acquainanceshp was the very
matter out Of which be drawn the conclusion OF the
jury whetherOr there had been al any moment guilty
act, guilty word guilty purpose. Now | produce
this interview under that common and general head,
and have heard nothing in the observations Of my
learned friend that tends shake my confidence in that
proposition or course counsel would not produce any
thing unless they thought IL had significance either
for or against the charge of guilt II is not TO occupy
time spread ivalies before the jury but in an
entirely different relation this evidence Is admissible We
are entitled show IT, else justice never can be adj
mni,ercd in respect this defendant toward this plain
tin unless in approaching their Intervention the direct
field Of accusation, such n 1t may have been, the
regrets explanations such they have beenthe
dealings between this defendant and this lady,
paintn are also spread before this jury
that vouc cor tO -
what conclusions are to he drawn from what passed on
the 3Oh OF December the 31st OF December or the
LIST OF January the attitude the relation, moral intel
ectua actual between these three parties may be In
your 0nOrs mind and in the jurors minds, and before
their eyes, in the mind and before the eyes of
this defendant form the subject and the inspiring
cause of whatever said whatever he amented,
whatever he regretted Now If the matter that passedn
the action of this wife resenng her husband treatment
and unfolding to pastor her relations with him her
husband and then what passed between the pastor and
the wife, cannot be brought into evidence why, then
they who to judge both Mr. Tilton in what he
know and what he did and Mr. Beechcr in what he knew
and what he did are have excluded from their mind
their intelligence, their power of appreciation, their
power Of analysis, t. in power OF intellectual concu
sons-what enters into the very marrow OF the matter
they are here determine Now, have said md il is
too familiar to repeat tn. IS rcctod to person in
the absence OF another person does not bind that
tinct n fact in its being said to him, and pro-
ducing upon his mind impressions and results
whether il binds third persons or not If messenger
from the PUSHES into the parlOr OF peaceful ct
Gen. and accOsts him by saying that he has his
neighbor coming ont of his store with sword red with
the blood Of the of the man TO whom he is talking
and that rises and goes out with pistol and meets
this neighbor with the bloody sword and Stays him. it
may have been all a lie IN respect TO the information that
conveyed, all mistake; but upon the mental and
moral fact that the conduct of the in going into the
street and citing and Staying a supposed enemy, whose
sword was red with the blood OF his son.
is TO he given in evidence, and has nothing
to do with the question OF hearsay evidence
IA affecting third perSons-the question Is on what
and what conclusions actions from those
statements is the conduct which the subject of inquiry
based Now, your Honor and the jury sufficiently IA
mar with the general nature Of this important fact and
state Of the relations between Mr. Bcechcr and this plain
tin at which We have arrived, and every one
that the conduct OF wife in thus voluntarily making an
issue and separation from her husband, and resortng
with complaints against him TO the advice of Mr. Beecher
who stood I'm the relation OF friend of BOTH and her pas
tor is "A grave import, bearing upon the con
illusions which rational will draw upon the evidence
that bears in the direction that at that time
this wife was conscious Of continued crimnality on
her part as toward her husband, or continued
crimluality her part as with Mr.. Beecher.
Now Ii the fact is important fact why then this Il
clear mode proving that fact, and Is the highest
mode IL is the highest this trial; it is the highest to
Mr. Beecher because shows exactly what the situation
WAS and what it, impression upon his mind, and Is in
place to have due operation upon IT, and subsequent
interviews between Mr. Beecher and Mr. Tton, in which
the whole matter general relations between Mr..
Beecher and the wife of Mr. TltOn forms the only sub
ec and occasion OF the interviews and everything ante
cedent TO the night OF the 30th OF December that Is sig
nifcant In respect to the dealing the intercourse be-
tween Mr. Beecher and Mr.. TitOn, in the relation
Of his family, OF his interests whatever they may be
in his family, or in his business, is necessarily
composite part OF the affair concerning which
the interview OF the Both of December
held and about which it is to he jud ged.
ton on the part plaintiff aud his counsel to spread
ing facts which operative upon Mr. Beecher's mind,
and operative upon Mr. Tton mind, in this family crisis
of Mr. TOn, and Mr.. Beechers relation 10 IT, and Mr..
Tltons resentmens at it, that would exclude that from
trial which has for its purpose 10 get at the truth with
out fear and without favor whether there has been
great crime committed the part OF Mr Beecher,
whether there has been either combination Of errors
and deusiOns OF malignant purpose that has set up
the show and appearance Of crminaty for the purposes
OF the prosecution Now give the facts and no man
can feel that he deal justly with the situation between
these parties a. it presented the Both OF December
when they come together, without being put In posses
sion OF what constitutes in the mind OF each the relations
of each to the other in respect to the family OF Mt TIL
ton In the cas-, OF Gichrist ag Bale, Is Watts, JOO
Penn Supreme COat RcporsE