Year: 1875

,ucA opinions IN reca 10 these relations your Honor will
perceive think all the elements TO render 'hs ooe
essential or TO associate the sentiments OF MIS- "opdh
and the connection Of Theodore Ton with those sentiments
here concerned the far Is barren OF that sort OF
evidence which would permit the introduction OF that argument
,1d upoh these grounds without pursuing this discussion may
Il please your Honor both in regard to the maeray OF this
papcr and 10 its authenticity submit is Objectionable


Mr. Byars-I didn't understand your Honor ruling this
out on any question Of Identification OF the paper


Mr. Beach, ask his Honor 10 rule upon II.


Judge NeisonSmpy my opinion that 1t not evidence
nevertheless wished to hear you on that


Mr. Evarsl didn't make any observation, your Honor Will
remember for didn't understand necessary Now my
learned friends complain that in raising this question OF eV
dence have exposed theory concerning this case in regard
10 which evidence has been produced and to be produceu
that have assumed facts and then have connecfed 'hoe
with reasoning which he calls argumeht as bearing uPo" '
theory and he says that he SHALL at the proper ue comment
upon that theory and also enforce his own Iha' nc WI" w
and that we shall do But the intermediate quesnohs "' arse
are that the law shall furnish appropriate and pertinent evidence
that NAV be invoked by the one side ana the oer properly "
,un o their theories and the burden no doubt Is upon us
when asked by your Honor to show how paper tha' In
many suis might be wholly mmatea becomes material IN
This And attempted and it is answer to say that
M theory may not be supported finally by adequate evidence
IN sustain because that you cannot tell until you get to the
end OF Step by step each party proposes wha' Is IL
self irrelevant but what may, IL united by me- form part OF
material web Of testimony when the whole is completed
Now this publication as is shown already by this wit
ness took place before although he could not say that
II was the cause OF the basis upon which the
contributors and supporters Of the pecuniary aid
to The Gdn Age withdrew their further payment under that
contribution and preferred that Mr. Ton should be the sole
responsible OF that concern and to the question as
this witness has also testified upon their showing that MI III


lon this life and the he wrote it, and the degree OF
composition that he furnished TO IT, In the revs you please
OF some rough materials that supplied to him by this lazy
and her husband My learned friends have forgotten also that
NJ WOOdhulls in The W0T1
dated May 2h 1871 which she states and states with eo-
ueace and with force and without the doctrines on TINS SUD-
feet OF free love between the sexes that she regards import
snt TO the welfare OF society and destined to overthrow the
corruptng influences OF marriage.


Mr. Fuersn-She gives definition the term there how
ever.


Mr Evarts-she does and she put n and say she has
done elOQuence well and those the doctrines
which this witness testified she ayowed in the lecture and
which says what the public popuary regard as the doc
trnes OF free love- Now, the philosophy, the morality the
utility and the promise OF improvement OF society in respect 70
doctrines their opposite don't at present discuss
II plain practical whether in the present state OF
feeling in this wide community Of ours Of this country the con-
editor Of the importance and credit Of ton had
heretofore connection with which his publications and
newspapers did furnish the occasion, and was the
operative the destruction OF his prosperity Ny learned
friend argue from the proof that its date Is wrong and
as caused by another adequate in which he implies
doubtless from the relation Of Mr. Beeehe the very subject OF
this dispute Very well. That is legitimate for him. My
point proofs in. He may and may argue
In support various propositions that we rghfuy present
90 your and the jury upon evidence justly proved
snde the OF evidence for that purpose Now in regard
10 the identification.