Year: 1875

Francis d. MOutOn was recalled, and the cross
examination contiRued:


Mr. Evar;sH your Honor please had hoped that our as
socae Judge Porter would be able be in Court to-day but
severity Of the weather yesterday such Of course az to
prevent him from for the first time taking tue air and he will
in Court to-day bnt hope that he wiz be able tomor
row. He has left his since he taken sick


M ShesTuan-I have got the original copy of this pa
per.


Judge Neson-ave you marked the portions that ought to
come in under this ruling!


Mr. shearman-We have Sir and we have made them inst
az as possible the purpose showing what the charge
was to be denied by these three parties.


Judge Nelson-Then you will please 10 read il.


Mr. shearman-The following from the publca
ton Of Victoria c. Woodruff, November =, 1874 II
actually issued October 2s, 1872:


subsequently published letter in TIE Uora in which
in Brooklyn who lives in concubnage with another
clergyman Of equal eminence.'


II was generally and well understood ameng the people Of
the press especially that both Of these references 10 this
Of Mr. BeeceIs and came TO be generally suspected


that wac better informed regarding the facts OF the case han
others and reserng publicity OF my knowledge Tor more
convenient season This suspicion -


MIR FuerIonNo that as far as you can read under the
rule.


Mr. shearman-wen we propose to offer the following as
part Of the evidence which these gentlemen have produced


Judge NeisonNow read that separately under the ruling


Nj Fuleron-Your Honor will understand ha far he
read do not object lido object however


Judge NlsonNOw he reads under the rule what may be
necessary to exception provided it
admissible


Mr Fullerton-Yes, sir


Judge Nelson-Read that portion, if you please.


Nj shearman readiDg:


his suspicion was heightened nearly into conviction when


anspred that Theodore ton was an earnest ana apparent
pesred in h farfamed biography Of me-
other publications in The GOden Age and elsewhere Mr.
Ttons friends shocked at his course and when
added his remarkable proceeding his brilliant advocacy Of
Fourteenth Amendment theory in ms letters TO H9lace
him emediaby committed to the most radical OF all radicals


Mr Pullerton-That part, Sir, is objected TO-


Judge Neson-Mr. Shearman it TO me that there is
prior that would call for that particular clause


MI Sheaman-Our theory in regard to that is that THE
charge against all three Of these gentlemen and they
me-so Mr. MouOn has tened-to consult about the charge
that was made in effect against all of them


Judge Neison-And with view


Mr. shearman-wth view to a answer q separ
ate answer to


Judge Ne lson--With view TO common answer.


Mr. shearman-Wth view 10 answer or silence


Mr. Fullerton-It not a charge against three.


Judge NeisonThat s ruled out and you take an exception


Mr. Sheaman-Yes Sir


Mr. Evars-Your Honor Will not overlook general pro
position they having introduced the story being in nass
the subject conversation with Mr Beecher have right 10
read as introduced by them and the further ppos
ton that segard in upon their SIDE 1t proper Of
course that should the views tina; your Honor may
them.


judge Neson-Yes, Sir



better will appear for because the objection crows ou: Of
the statement itself without any reply


Judge NeilsonI understand that the story referred TO in
the evidence upon the part Of the plaintiff a. injurious 10 the
defendant calling for from him perhaps 10
with entire silence that the TO be purSd
uncertain regard to that So much Of the article hss
bearing upon that received. You have exception t
other.


Nj shearman-Let call your attention TO this fact In
Judge Morris opening dwe very largely upon he fact that
made to this article ny Mr. Becche and that
consultations held between Mr. Beeeher Mr 1ton and
Mr. Mouton in regard what to be done; and
agreed Mouton says that Of them hould
Now it has argued from that already before the Jury that
that is evidence Of guilt upon the part Of Mr. Beecher
that the fact that he did not these
charges against him evidence 10 go to the Jury
that they true and very strong evidence Now show
your Honor upon their evidence upon paper which they
introduce here charges only against Mr. Beeche
but against Mr.. Moulton and against Mr. Tltenclarees
which presume they will not deem TO be ue-chages Of
vile and odous nature against those well against
Mr. Beecher is part Of the proper evidence 70 be brought
in at once in this the jury look collectively
they may say "Why charges made against all Of these
three men; one accused Of bad another.
One accused Of adultery il true but the husband
accused of conniyance with the adultery Of positive
introduction Of the aduerer into his family The husband
was accused Of that OdiOus crime than adultery,
the Recommendation his wife commit adultery again,
and the Mutual Friend accused Of e vile crime Of going
with pistol and presenting it N the head Of the defendant and
demanding paper" Now the counsel may Of the witness
now on the stand that that charge against him
We presume that Mr. Tlton will say when the that the
charge against him not We that and have
we not right that those charges made IN cOnunc
ton with other charge against Mr. Becchc that they
all in=eparaby mixed together and that there


reason why Mr. should be deemed guilty for not
ing than why M Mouton should be deemed guilty Of ang
pistol and threatening murder and Mr. Ton be deemed guilty
Of the worse crime Of renrodaHg the aduerer to his wife
and asking him again to commit adultery often as he
pleased.


Judge Neilson-I feel the force Of your explanation.


Nj Mors-The counsel has mssated portion Of m open
ing.


Judge Neson-so was going 10 say WIN read that and
viii perhaps correct this ruling lei the exception stand
is


Mr. Mors-Bui the counsel Sir has made nisstiemeni in
reference 10 my opening which have night 10 correct right
here and propose do H. In speaking Of the reference that
made 10 the fact that Sir Beecher did not deunad no de-
nial to the publication Of ls article said that remained
without any denial for the space Of about six months In the
following Spring after the publication Of the tnparc covenant
and aer Mr. Bowen Mr. Clafn had vised Mrs Woodruff
10 ascertain what evidence she might have m her posesOu IL
was then in connection with those facts and circumstance that
Mr. Beeche did publish short card in The B'00yH Eg and
that was six months after the publication OF his article and
that was my statement 10 the jury


Judge Neson-I will read that part OF the opening Nj
Morris
Mr. shearman-The difference then, Sir which Mr. Morris
o6Aes between s altitude Of isse three geRiemea lAa e