The New York Herald Newspaper, June 24, 1875, Page 3

“ ON THE BRINK. ‘A Motion Made to Reopen the Great Scandal Trial. THE GROUNDS FOR THE ACTION. Affidavits of the New Witnesses Snb- mitted to the Indge, DIRECT EVIDENCE AGAINST THE DEFENDANT What the Sworn Statements Contain and Affirm, EXCITING’ SCENES IN COURT. Shearman as an Objector and an . Undertaker. BEACH PLAYS WITH HIS OPPONENT. The Judge Subduing the Legal Tempest. Conclusion of Beach’s Eleven Day Speech. A VERY IMPORTANT DAY. ‘The advocate for the plaintiff, Mr. Beach, fin- Wshed his long address of eleven days yesterday afternoon, at half-past three o'clock. The court room Was crowded to excess, and the discomfort aused by the heat was felt by everybody. It was gday of interruptions. Mr. Beach was uncom- muniy mild and tractable and allowed the de- fendant’s lawyers @ latitude of interposition in the course of his speech that surprised every- body. Shearman was suddenly struck with a mania for interruptions, 80 constant, provoking, ampertinent and out of place as to stir even the placid temper of the Juage. The check | Beach kept on his temper was the Marvel of tie audience, Had he given ‘Way there is no telling what a scene of confusion moight have resulted, Shearman might be likenea to a blue-bottle fy buzzing without intermission An the ear of a big sturdy ox, which feels the an- Moyance but disdain resenting tt. The last day's pertormance of Mr. Beach was not equal to the Oirst. The lawyer was less pertinent, less eloquent aba Vigorous than on previous days, and the pe- Foration fell short of the general expectation, more — @spectally as it was read from manuscript, tue reading vastly interfering with the vigor and | ‘effectiveness 80 characterisiic of Beach in his ex- temporaneous efforts. Mr. Beecher and his ‘Protber attended. There were fewer attempts at #pplause than before, but the day was destined to (Prove in the end the most exciting of the trial so Mar. THE NEW EVIDENCE. Beach had concluded, Abbott had read the re- quests to charge. The day of the trial seemed all fbut spent. There was a moment of silence. ‘The jury turned to the Judge, asiito ask what ‘Was tocome next. The people in the @udience | began to search for their hate and stray om- ‘wrellas. But the end was not yet. Outof the not of lawyers which surrounded the long table \an front of the jury rose the tall and commanding ‘gure of Mr. Beach. There was resolution in his dace as be turned to the Judge and determination AB bis voice as he spoke, “lt Your Honor please,” Mr. Beach began, In & eold and dignified way that commanded atten- ‘tion, “there 18 a subject whicn I had proposed to (Present before submitting this caso to the jury. \Jt is in regard to the new-evidence which we pro- pose to offer, 1 understood Your Honor to say that it could be presented in Chambers, in the absence of the jury. We have ready to present | the affidavits in the newly discovered evidence.” THE CUARMED CIRCLE. There was a look of anxiety upon the facesof | Bbearman and Tracy; Mr. Evaris sat unmoved, (Mr. Beecner looked toward the person of Mr. Beach with more intense buman interest depicted \on bis face than he had displayed during any of | ‘She closing days oi! the trial. Mr. Tilton turned ‘Dis ‘ace neither to the right nor the left but only tilted back in bis chair. wisen and had his rigot arm buried in his coat jpocket, as if in search of important documents, Judge Nelison replied, ratner listiessly, that the ‘counsel ior both defendant and piaintiff could agree among themselves as to toe time when they gbould be ready to argne the question. { “We @ {ho Knowledge of the matter,” said ‘Mr. Evaris, rising to bis feet, and speaking with he studied composare of an exceedingly inno- jeent man. “it would be awkward to suppose that ‘we are to appear to-night,” he concluded, drop- ping back into his, seat as if nothing whatever ad happened or was about to happen. | Yet, Mr. Beach and already ‘she report was flying around the corridors of the Court House, “Beach hi pease.” The court room was aglow with anxiety. “SOW IS THY TIME.’ “We shenid have no objection to present tne ‘aMdavits in the ¢ase now,” said Mr, Beach. | “My suggestion is thas the new matter, if wpread out before the jury, might confuse them,’ Temarked Jaage Netison. “We believe the question onght to be disposed of to-night,” said Mr. Morris, holding & buach of documents in his hand, “but that is a matrer of discretion for Your Honor to decide.” Mr. Morris ‘had fished tne aMdavits ont of nis pocket and ‘waited the proper moment to get them into the Judge's bands, | “It is not an application to operate on the evi- ence which has been made here during the cise ‘Of the trial,” said Mr. Beach. “1 should be glad to do anything to accommo- date the counsel,” remarked His Honor, “We propose to haud the affidavits to Your Flonor,” resumed Mr. Beach, as bis colleague, Mr. ‘Morris, passed up tae documents, ‘‘and to make the motion that we be Beard.” (Sensavion in the court room.) Tne audience could hardly believe what they heard, It was nota surprise, in the ordinary ac Ceptation of the word, but the incident of the mome contained material for a whole night's quandary. Sssembly grasped the possibilities of the future They were jamiilar with tue facts embodied in the aMidavits, for they had read tnem in the Heran more than A week ago. But now vaey imagined All sorts of new issues. Queries, born of a morbid Curiosity, Were the children of each individual brain, “Would the Juaye admit tne testimony ?” “Low would Evarts fight their introduction 1” “Would the great pastor be caught beyond hope of extrication?’ ‘Would this testimony, jike all the rest offered by the prosecution, be sneer becanse i+ was in Tilton’s favor?” , at just “Waa the end Ex-Judge Morris bad | moved to reopen tue | The minds of all the persons in that | ew YORK HERALD, THURSDAY, JUNE 24, 1875.—TRIPLE SHEET, yet fatomy” et no conclusion was reacned and mone could be until the oracle in the Juage’s chair spoke. ‘The affidavits, printed elsewhere, passed into the Juage’s hands, and the proceedings, so far as counsel were concernea, ended for the day. “Gentlemen,” said Judge Neilson to the jury. “please get ready toretire. I would recommend that if you receive letters that do not relate strictly to business, they be laid aside until this case is over, I bave, within the past few days found it copventent 10 pursue that course. AFFIDAVIT OF GEORGE ©. LEYS. Crry Coun or BROOKLYN,—Tueodore Tilton va. Henry Ward Beecher, City of Brooklyn, County of Ktngs, 83.—George C, Leys, being duly sworn, says he 1s 4 druggist by profession and resides and does business in the village of Whitestone, Long Island; tat for more than tweaty years immediately preceding June, 1873, be resided and did business as a drag- | gist in the city of Brooklyn; that on the 13tn day of May, 1871, he carried on business as @ druggist in the city of Brooklyn, atthe corner of Clinton and Fulton streets; that ever since hi residence Ip the city of Brooklyn deponent has been acquainted with the Rev. Henry Ward Beecher, and for ten years preceding January, 1873, deponent was well acqnaiuted with the said Beecher and saw lim frequently at his (deponent’s) store, at whicn sald Beecher was a customer; that On the 13th day of May, 1871, said Beecher called on deponent at his store, corner of Fulton and Clinton streets, Brookiyn; that @ conversation then and there occurred between said Beecher and deponent, In the course of which said Beecher | | writings is@ party to the litigation it 1s unfair introduced the subject of poisons and their effect upon the human system; that in reply to ques- tions propounded oy said Beecher deponent gave his opinion as to the characteristic operation and comparative efficacy of various poisons, saying to said Beecher that, in deponent’s judgment, Prassic acid would produce the easiest and moat expeditious death; that 1u the course of said con- versation deponent, at the request of said Beecher, exhibited to him an ounce vial of Prussic acid; That said conversgtion continued for some time Beecher was about to leave, ne said he would take said Ounce via! o! Prussic acid; that said Beecher did purchase and take away said ounce vial of Prussic acid, and he is charged for the same on deponent’s ledger, page 93, as follows :— “May 13, 1871—1 oz. Prassic acid... «+ 506,77 that said entry in said ledger 1s, as deponent be- lieves, in the landwriting of Jonn A. Kirkland, one of depoment’s then clerks; that it does not appear by sald ledger that amy other article was Sold to said Beecker oa said 13th of May, 1871: that there are other entries of charge against said Beecher on said iedger, immediately pre- ceding and immediately toliowing said charge of May 13, 1871, GEORGE ©. LEYS, CHARLES B. HazL¥‘on, Commissioner of Deeda, AFFIDAVIT OF JOSEPH LOADER, Orry Counr.—Yheodore Tilton vs, Henry Ward Beecher, City qa Brooklyn, County of Kings, #s.—Joseph Loader, being duly sworn, says tukt he resides at No, 401 McDonough street, Brooklyn; that he is an uphoisterer by trade; that in the month of Oc- tober, 1869, deponent was working on a jodD in the hoose of Theotore Tilton, No. 174 Living- stone strect; that about two o’ciock on a day of said month and year, which depoment cannot specify, while engaged in laying stair car- pets on’ the main stairs in said house, de- ponent saw the Rey. Henry Ward Beecher entering the front door of said house, and Mrs. | Ehazabeth R, Tilton approach the said Rev. Henry | Ward Beecher; that said Henry Ward Beecner and | sald Elizabeth R. Titton met in the ball, afew | paces from the parlor door; that on meeting, the said Beecher put his arm around the waist of said Elizabeth R, Tilton and drew her to him, partiy | lifting up her body, atthe same time Kissing her on the cheek and she Kissing bim; that these dem- onstrations of affestion between said Beecher | and Elizabeth R, Tiltom were very amorous and exiraordimary in so much asin a marked manner | to attract @eponent’s attention; that after so meeting, sald Beecher and Mrs. Tilton, with his arm still about her waist, entered the front parior, through the door leading from the hall, then closing the door behind them; that while sald demonstrations were passing be- | tween the sald Beecher ana Mrs, Tilton deponent directed the attention of Bis fellow workman to them; the name of said workman is Jobn J. Price; | that afew moments after said Beecher and Mrs. Tilton bad entered the parlor and closed the door said Price wens down the stairs and throagao the dining room into the back parlor, and looked through the folding doors and into the front par- Jor; that said Price then returned to deponent, and in @ short time after deponent went into the said front parlor, trough the ball door, to get bis hat other things, whicn were by the mantel piece that having got said things deponent quickly tarned to come out of said parlor, and, in 80 doing, saw the sald Mrs, Tilton reclining on a lounge behind the door, with her clothes up above her knees, and the said Beecher in the act of rising from the said lounge, with one hand upon it; deponent walked immediately into the ball and soon left the house in company with said Price. Deponent kaew said Beecher ana Siizabeth R. Tilton at the time of the above mentioned occur- Tence, ald Was not mistaken as to their identity. JOSEPH LOADER. | Sworn before moe, this 16th day of June, 1875, | Josuru M, PRaRsaLt, Notary Public, Kings county. AFFIDAVIT OF JOHN J. PRIOR. Beecher. City af Brooklyn, County of Kings, «s.:—Jonn a. Pr being duly sworn, says that an upholsterer by trad nd resides at No, 200 Schermerhorn street, Brooklyn; that he has heard read the aMdavit herein of Joseph Loader, and he adopts aud affirms the statements therein Which deponent cannot designate, in the month of October, 1869, While working on a job, in the house of Toeodore Tilton, No, 174 Livingston strees, Brookiyn, deponent saw Rey. Henry Ward Beecher enter ti front door of house, and Mrs. Elizabeth R. to meet him; that when they met in the hall said Beecher ciasped ber around the waist, kissed her and she hissed bim; that they then repaired into the front parlor, his Still around her wai and closea the door behind them; Went on with bis work for a snort time, but, thinking something wrong, went through the hall into the dining room and through the din room into the back parior; that deponent there looxed through the folding doors, between th front and back parlors, and saw the said Eliza- betn RK. Tiltom * © * * on the loun; | the front parior, and the eee ee eeee ee e's upon be came back and Loader of what he (deponent) bad just seen; that’ Geponent then made the remark to said Loader which caused said Loader to go {nto said front parior to get some of his things; that said | Loader returned aud told deponent what vhat soon thereafter deponent and said Loader, having finished their work, leit the house; that deponent knew Rev, Heory Ward Beecher and Mrs. beth R. Tliton at the time above mentioned, ana knew they were the persous above spoken of and | described. JOHN J. PRICE. Sworn pefore me this 15th day of sune, 1875.— Josera M. PRaARsaLL, Notary Public, Kings county. AVFIDAVIT OF &. D, MORRIS, Theodore Tilton vs. Henry Ward Beecher. City of Brooklyn, Kings County, 8s,:—8, D. Mor- | ris, being duty sworn, says, taat he is one of the attorneys of record amd associate counsel in the apo ntitied action; that some days after tne close of the evidence on both sides in satd action deponent was informed that imporiant evidence for the plaintim existed and could be produced; concerning the matter, and ascertained tat G. ©. Leys, Joseph Loader and Jonn J. Price were referred to as the parties having knowledge of suck important § evidence; That Geponent sought and obtained interviews with each of said parties; that th ots stated py Bald parties ta davan 4 contained im their On Various topics, aud at toe end, and as said | Sworn before me this 15th day of June, 1875,— | in said parlor; | said | Tilton going | that deponent | that deponent without any delay made inquiry | | notices of laughter.” | Beecher, “1 would have knocked the ribs out | old Jeremiah if I could have got at bim,” and | Crry Coust.—Theodore Tiiton vs. Henry Wara | as far as they affect deponent; that on aday | | sentiments im regard to the Sabbath which ne | Tepresentation. | quote farther from Mr, Beecher’s sermons Mr. | Shearman, with his glasses on, rose up and inter- | tween @ comment and a quotation he would rec- ‘Yespective aMdavits, and deponent verily belleves the facts so stated by them are wrue, That depo-~ nent was entirely ignorant of the existence of such evidence until a few days since, and was un- able to produce it prior to the close of the testi- mony. That such evidence is important and ma- terial for the plaintiff in this action, and deponent asks that it may be received. 8. D. MORRIS, Sworn to before me this 16th of June, 1875.—Rv Fus M, WILLIAMS, Notary Public, Kings county. AFFIDAVIT OF THEODORE TILTON. Accompanying the above affidavits was one also made by Theodore 'rilton, in which is formally set Jorth that he was unaware of the existence of the evidence referred to in the above affidavits of Messrs, Leys, Loader and Price until made acquainted with it by one of his counsel—viz., ex-Judge Samuel D, Morris, MK. BEACH'S LAST DAY. Mr. Beach commenced his tenth day’s address by correcting, a8 usual, sometning uttered on the day belore, He attributed to Mr, Beecner certain had reason to believe were to some extent & mis- As Mr. Beach was preceeding to rupted the speaker by declaring there wore more errors than one committed by the plaintifl’s ooun- selin quoting from Mr. Beecher. Mr, Beach con- tended that he had read correctiy, and objected to interruption trom the other side. Mr. Evarts said that if the writings of parties can be broagnt in as evidence they become very much exposed, He heid that while Mr. Beecher’s writings were acce: sible literature, still when the author of the: to travel outside the evidence produced, Mr. Beach insisted that his two learned friends on the other side had travelled outside the evi- dence, Mr. Shearman objected to the course of the | counsel, He had already found the citations from Mr, Beecher’s sermons tnoorrect, and as there were no sermons of Mr, Beecuer’s in evideuce | counsel was out of order. Mr. Beach bristled up Shearman attempted | to read from Beecher’s sermons to show how Beach misrepresented them in his quotations. Mr. Shearman created A GREAT DEAL OP AMUSEMENT by popping up and asking Beach if he was ready to withdraw his challenge to prove that his quota- | tious were correct, Judge Neilson repeared | several times, much to the discomfiture of Sn man, that the objections, explanations and cor- rections ne desired to make were out of order at the moment and would only be heard after plain- tits counsel got through with bis address, Mr. Beach boped His Honor would not even then allow counsel om the other side to make these explanations the basis for makimg smother appeal to the jury. Mr. Beach resumed the reading of Beecher’s | sermons, two quotations from which seemed to | show that Mr. Beecher was to a large degree sceptical of some of the most cherished doctrines and traditions of Christian people. Counsel en- deavored to show that the maa who arraigned | Mr. Tilton for heresy ani heterodoxy shouid look well to see if he stood on sach unimpeachable ground as justified him tm the task he undertook. The doctrines of Cnrist are dispensed with and discarded by Mr, Beecher. He does not belleve in @ state of FUTURE PUNISHMENT, and puts his own views above and beyond the tn- spire: words of the Scriptures. Beach seemed | to amuse rather than to frignten the Plymoutn | church people who Listened to his analysis of | Beecher’s theology. Counsel was as eloquent as many distingnisned pulpit preachers who ander- take the defence of Christianity against the as- | saults of scepticism and infidelity. There was a general feeling, however, that Beach was wasting too muok time on a subject of only secondary im- | portance. Beecber seemed qnite content to hear | the counsel rattle along on this road. Beach was rather weak when he referred to the character of Beecher’s sermons and the style of sheir delivery. “I noticed,” cried the counsel, as if be had dis- covered & heinous offence, “that in one of his ser- | mons, published last month, there were eighteen | As instances of great levity connsel quoted from | of | “the wine of the spirit knocks the cork out of the bott.e.”’ These expressions, Mr. Beach beld, were too flippant for a sermon om the subject of elec- tion. Neither the audience nor the Jary appeared | to think thre was anything very criminal in, them. A STIRRING SCENE took place after Beach fluished reading. Tae fol- lowing was the citation from Beecher that roused | the bile of the irritable Shearman and ofall nis — legal confreres:- ‘There are thousands of bad mea who, like him fave good aspirations aud hey are longing to ascend by the path that bas ied them down to ruin. | Every Map has an equator. All below that lie ~ animal, and all avove it is bimae! any a lives entirely in bis lo’ nature, until ip | r is open to that Trouble brought the himself. He was He haa time among wid ———— of it the a above. grunting cnarge to r go to my fatner and st. calied it sin aad attempted no excuses or allt. ation. The man wh ai evin higher aspi- rations is any ed are: le knows | down and how to go up. The son re- | a gvod orthodox contession. AB Fad piuy otner prodigal s with &@ like confession, He found himself “eu braced and forgiven. Our Father in Beare, a nm the jathers of earth? were inging and danc- He was angry and would not go ia, and entrested him. Now I wouid | Prodigal Son than “He too stingy to get drunk. 00 cout us, too UnsyMpataetic to sin bye ing. jather came out | ratner have be; rr brot “He lascivior Shearman asked Mr. Beach on what page did | thatappear. Beach informed nim, and toen up | Tose Shearman to deny that Mr. Beecher ever used such language, Great confusion followed. Beach kept his temper well, but Shearman looked | as if be were sbout to draw out and piteh im with his doubled-up digits. Beach quickly passed him over a silp cut from some Hartford news- paper, Shearman’ botl. He protested to the Oourt in the most energetio tones he could command, against the course of the counsel. He said it was an anonymous mewspaper and thas Mr. Beaca adaed comments of his owm without making any distinction. Mr, Beach smil and turning to | the Court suit, if the Court and jury were so unintelligent as to be unable to distinguish be- ommend Mr, Shearmau to act as interpreter. THE DEBATE went on for a little while longer and then a per- explosion took place om the part of Mr, rman, Mr. Beach had passed him over the newspaper siip containing the sermon on the Prodigal Son, amd then occurred the following little scen rman—What does the gentleman mean | thority? What ad | per over to me (Laugnter.) rman—Am I responsbie for his biun- der? (Laughter.) Mr. Morris—He isn’t responsibie for it himse! ap) ud Teugeter.) mr. each, will you proceea ? will, The pudlication, th ry "word | quoted from the se: jigal Son, Was handed to me by rho said that be wanted to preserve | I recollect that sermon very | ry ment of the Prodigal som was | % by ‘pad the ee Onion aud 1 read it ¥ Teeg to say that the gentieman | undertakem to quote tanguage which Mr. | never used, Are we to open the evidence ? no; there will be no corrections r. rman—Then I denounce this whole thing as pF bend outrage upoa justice, Judge Neiison—i said, Mr, Shearman, again And Again, his is not evidence; It is mere tlus- tration. Mr. shearm: Idon’t think it will have any effect at all. Mr. Morris—It seems to affect you. Judge Neilson—Well. | dowt wo Shearman’s heine very CArDOBle j | his arms, shut blood was beginning to | bo J 1 ached you, my iras- | | giver ol Mr. Beach—I don’t either, T wouid ba in earnest if I was in nia place. (Laughter.) But — ‘The foregoing w: TRE GREAT EPISODE ofthe morning, Shearman was so close to Beach, who had his back to the table, and looked half pleased, half angry at the turn affairs had taken, that he could scarcely turn 10 address the Court without knocking his adversary over, Shearman was* 8 plucky Skye terrier barking under the jaws of a Newfoundland mastiff, The spectators were extremely tickled, and evem Judge Neilson Was compelled to smite. Wnen PEACE AND QUIET were once more restored Beach proceeded to gay thar, while he admired Henry Ward Beecher, he insisted that, no matter how high he stood as @ teacher or @ preacher; no matter how eminent bis services, past or present, he was as amenable as the poorest and humblest to the laws made to govern, protect and preserve society. Uounsel again alluded to tne theory on which the whole case for the defence restea— namely, the representations made to Mr, Beecher by Bessie Tarner of the cruelties Tilton practised on his wife and the criminal outrage he attempted on herself, These representations turned Beecher against Tilton, as he said himself, but yet, though he could easily have seen Tilton ana expostulated with him, he never once attempted tt, and though he lived for three long years on the ragged edge of despair and in the horror of great aark- ness, he never once called on Mrs. Tilton with or for an explantion of the troubles that had fallen upon him, ARRAIGNMENT OF TRACY, Mr, Beach resumed after recess by declaring he had one duty. to periorm, and it was evident he Was drawing near the end of his address, while there was a strong suspician that General Tracy was about to come in for some hard knocks, He referred to Charles O’Oonor as being tho head of the proiession, and it was painiul to lis feelings to have to say a word in regard to a single mem- ber of the profession who, in this particular case, had overstepped professional limits and outraged professional decorum. When Mr. Tracy elected to go upon the witness stand and assail the char- ter of witnesses for the plamtim he had no choice but to examine his pretensions as a lawyer and @ gentleman, He was the first chosen friend and counsellor of Theodore Tilton and from him and a'so from Moulton and Woodruff | he received all the secrets they had to give, ‘Til- ton was unwiiling that all the matter connected with the character of his wife should be com- mitted to the ear ofa third party, It was then he exacted from Mr. Tracy a pledge that he would not become counsel for Henry Ward Beecher, yet it is seen that alter he has received THE SECRETS OF TILTON he is found on the other side appearing as the counsel for Beecher before the Plymouth Church Investigating Committee, opposed to ths interests of Tilton, He is next found as the sponsor for the opening address on tho part of the deiendant, full of falsehood and defamation, and when he sees his master (Beecher) overborne »y three witne ‘Tracy leaps into the breach and sacrifices himself for his client, To him it was @ wonder that he (Tracy) snould have submitted to such professional treachery and personal dishonor, and if the pro- fession should abrogate she idea of privileges be- tween attorney and client t relation would become in the sight of the community a legal mockery and @ pitfall, Counsel concluded his arraignment of Tracy by expr ing his regret that he nad been compelled to say anything on ‘Vhat head, THE PERORATION. In @ mild, emotional voice. and tn the deep silence of the court room, Mr. Beach then pro- ceeded to read his peroration, which was eloquent and impressive. This done be turned to tue Court and paid a few well deserved compliments to His Honor, Compliments of an appropriate character were likewise paid to bis associatés and his ad- versaries, and, in touching language, he referred to the transcendant qualities of the defendant, which, however, could not save him from tempta- tion and from failing. He then quoted WI! oem of “Ichabod” as applicable to the allen preacher, and, with additio: ended his great address, and sat dowa amid sup- pressed applause. REQUESTS TO CHARGE. Mr. Abbottthen stood up and said that tm re- gard to certain authorities quoted by tue piain- Ul. counsel he wished to offer @ series quests to ae — is a Hu, gaunt man, be ry a baked chip, and peraa, to quote references, Smitn against Smith, Jones against Jones, &c., directly on the heels of the eloquent pereration made by Mr, Beach, the contrast was painfully jarriug. Sam Morris could stand it no longer, and calied oa His Honor to exti Abbott, as he was proceeding to argue when be had no right to do so. Mr. Beach next stood up and protested against aliowiug Mr. Abbott to pro- ceed in the Sar ‘be Was goin, The Judge, how- ever, Was kindly disposed toward Mr, Abbott, and jet him go on, but insisted ke snould not argue, bat simply state bis requests to cuarge. uch me was Consumed in this dull work, but the au- dieace patiently remained. THE LAST HALF HOUR, The usual time for adjournmers had come and had passed, bus Mr. Abbott, of defendant's couu- se still proceeded. As often as the lawyers for the platottf stood up ana objected they took their seats under the echoes of Mr. Abbott's voice, as he intonated the familiar words, “Proposition Twenty-so-ana-so."” Mr. Beach writhed uneasily im big chair, and when ex-Judge Morris couid en- dare the agony no longer be srose to suggest that, as me. bag 4 of mauuscript before his opponent was large, am adjournment had better be had, in order that saother day could be given to the deienee. Mr. Keach exclatmed :—""Mr. Abbott nad better go on if he can finish in a reasonable time.”” And so the indomitable reader of cita- tons and technicalities continued. Above the hum of the audience rose @ ci#ar and not over eae voice, heard in the momeatatily more miliar wore’, “Propesition forty-8o-and-av.”? Again Mr. Beach sprung to . feet and og “Your Honor, this is an sorynentl and the caim and inx-like Judge re “dt certainly is.” The yers looked on aghast. The audience themselves. Mr. Evarts folde. is eyes and pretended to be ob- livious of the tempest brewing over his head. Mr, Shearman was a faithial coadjator of his junior and encouraged him to read on and on and ou. Now he sought out and found a stray sheet of the printed matter, whicu Mr. Abbott read. New be whispered a werd of caation or of tus tion to lis young colleague. Mr. Beach mopped his face with his handkerchief. The defendant lis- tened attentively; tne plaintiff pretended not to hear. But, above all tnis “guying” of the per- formance the voice of the Teader was heard iu the words, ‘‘i/’roposition @{ty-odd.”” THE JUDGR TO THR RESCUR. As Mr. Abbots proceeded the quotations from the rulings of Supreme Court judges became marvelied amon; ore copious, reierences to law re- rts more unm J Neilson javerrupted the reader with the remark:— me the references only; omit rulings ta former cases.’ This actea as holesome check Te: gone around Beach’s remar' T lect of the ing the ‘re charge” nad not been /avorable to the throughout the court room, Even tu no Mr. Abbott rt of special pier. THE PROCEEDINGS. At the sitting of the Court Mr, Evarts said:—If Your Honor please, in Mae Saag of Your Ho: suggestion made ¥: tm regard to iow iY the PA it Rot so pronounced. ests to jefendant aware that our learnea iriend bas pi ‘ied some authorities, and we shall present one ¢ two. Mr, Avubots will present them te Your jonor. The Chief Justtee—Do not let anything I have said be any restraint upou you in the mater, BACH’S ADDRESS, Mr. Beach resumed his address as follows will see irom the protracted length of tms ca’ dt multivad Of mratters that were to be ex- ible for me personally them, although many of them bir statement 1 made uth church Supper, was you irom & memorandum rarat ned 2 other orthoaox ciergymanu, whos in which by Mr. Beecwer, brased those ied yy tation marks, jore, to suppose that that was ti guage used by Mr. Beecher. It ap) ‘8, closer examination, that the actual invitation by Mr. Beecher used at the close @ sermon found in the sixth series of § published wor on page 365 is in the jollowing words: those who love the Lord Jesus Onri: in sincerity and truth, whether they belong to any Church or not, are in- vited to tarry,’ ose of & sermon in P invitation is q fled with the addition, “without regard to Charen connections or cial beliefs,” therefore, the gentieman who furnished me atement from which | spoke giving hig a snus posed was the essence a conclusion rived from those Invitations, usea the expression ony ‘Quakers, Mormoma Ban tat, oar The invitation was in pri 16 Oe my interment conciuded it to Gg a tion to all professicg to love the Tora Jesus Shrist, without regard to their church cohoections, that is, Whether they were mempers or not of any charct’ organization, and without regard to their special velieis, nO Matter Waat might be the char- acter Of those beliefs, All that tuey had to do to enune them to communion ana fellowship with Piymouth church was to profess love of the Li Jesus Christ, Now you are aware that itis custom 1 all or early ali caurcues and mint: to invite the members Of other churches, 1 very freqeently heard the addition, “In good standing with other churches to partake of com- Pimunioa.” Mr. Beecher’s habit, on the contrary, bectious or to their special beliels, But it was OU a Irequent error, and you may wink it a stantial error. Quite an Unconscious one In at- tribating to Mr. Beecher the precise language I did, SHEARMAN TO TAB RESCUE. Mr, Shearman—it your Honor piease, I desfre at this point to say a few words, aud I desire to call the attention of my learned ‘riend L6 these errors and some others which he has made, Mr, Beach—Tnat wiil not do, Mr. Suearman—lI rise to ovject toany further qaotations trom the letters aud sermons of Mr. Beecher, as they have not been put in evidence, and we on our part have not geoked: anything from the works of Mr. Tilton, and our point now As that it ts entirely ous of order to quote any part of Mr. Beecner’s speeches or sermon have not been put in evidence. My le: assumed to make # correction but I must say that ne is Das Sueaieneey Cp in bis argument, aod I shail baye to make many other corr Neilson—I think the ons $ to tne jury use ai jetlers or any papers, they are not part of the ev ndene but used in illustration. r, Shearman—I think it is the most extraordi- nary practice { uave heard of, Mr. Evarts—Your Honor may remember thi in regard to certain writings of Mr. Tilton, ni counsel objected to mis being examined as to his meaning, and held that the bp gi of parties who had the vocation of writers, preachers or teachers can be brought in as evidence of their without bemg objected to, pudiisned sermons ar property, llegation of matters oucside as they nd the counsel will not pring tuem unless they are supposed to bave weight. Mr, Beacl—Both of my learned friends indulged in very great license In their reference tu matters outside of the evidence, and in one or two in- stances Introduced tue writings which were not in evidence, But if Your Honer wiil remember this, that during the whole of the address of my learned {rtend, every one remembers tne princi- ciples and motives which were attributed to Mr. Beecher, waich were not suown by anything in this cause, And Could Not be presumed to come to the knowledge of my learned friends except irom & knowledge of the pe id lie and writings of Mr. Beecuer, and Supposed they got that knowledge of their client Irom that source, and on that subject I must take bis and their own declarations, Andi make them, tatlous—not ag evidence in this ca: mentative tilustrations of the contrary theory which ta presented upon the part of tne plaintiff. BHRARMAN OBJECTS, Mr. Shearman—Wel\, if Your Honor please, J re- spectfully Insist upon eur objection to tnis cou Lhave takeu pains to examine tuese citaticns, far as opportunity was given te me, and in every = I nave found these quotatioas to be incor- rect Mr, Beach—That is a statement, One moment, sir, Lobject to the gentieman interrupting me. es Shearman—I rising to @ question of bate udge maieon Toe: are at liberty, Mr. Shear. bs oy gnc Mr. rgument is viosed, anu 1 a. ry am objecting to anythin: the ground that the state- ments aso entirely moorrect and justify the strict tof tne rule, W ectiully object to any iurtuer reading of statements on the ground vVhat 16 is not permitted and on the practical ape that they enurely incorrect, as 1 aave ound, Judge Nellson—Of course any paper, book, news~ paper or letter can only be read by way of tilus- iration im argument, ouly in extracts from a paper, book and publication Of & party to @ salt ihere is great dagger aus the jury will confound them with evidence, Mr. Morris— ‘al Pe Meer Bp read to their Own medicine; that enter. say ith ti. Shearmao—lo every lustance 1 have exam- ine at, Beach—On, in every instance you have ex- amined. don’t kuow tow muca be has exam- med. These ure t rinted extracts from my argument, giving t ave! quotations made by me and tue reierences to the sermous, books and the page from waich eaca was taken, ‘and | Dial lenge the gentieman to show any error tn either Of the quotations, and this ts at his service ior it. BHBARMAN ACC! Mr. Shearman—i it the Challenge so far as the quocations give’ @ first is in reiprence to the javitation to communion, Mr, Beach—Taat | pave explained, and I object to the gentieman read subject, My argument & sort Of interjected speecn upon the part of the deiendant. (Applause, Jadge Nellso: ‘Mil the audience please keep Hi pov] ? The k counsel misunderstood me. i unity after your arg ‘vution you made gave or part on now, \—He may point out any error I fatten into, ‘any mMisquosation, but beyond this, ‘ onjec Mr. Shearman- if the gentleman allows me, then 1 propose to go on. Mr. Beach—I propose that the im sl do it properly and in order; tha spall not read long-extracts irom tne sermons of Mr. Beecher. Ido not intend wat ne ty them, question is whether anytn: | Trom the sermons of Mr, Be; incorrect. Judge Netison—After yon get tnrongh he can correct any error, bat I cannot allow time to ex vend any quotation or introduce new sentences, Mr, Suearman—W hat | want to know is whether the gentleman accepts the challenge now. (Laagu- er is inaccurave aud ter.) Jud, m—No; watt until he gets throngh. Mr. Sb an—Does the gentieman witharaw the chali (Prolonged laugater.) Judge Neilson—Go on now. Mr. Beach—lI will stick to my challenge. Mr, Snearman—What does Your Honor decide — will you allow me to accept the gentieman’s cnai- lenge now? Judge Nelison—I think the proper time Is afier he gets through. SHEARMAN TO BE EXCUSED. Mr. Shearman—Very good. Excuse me ff i tn- terrupt on another occasion, Tue gentleman, though, is readimg matters not inevideuce, We Dave in no single instance done that. Mr. Pullertom—You read from Kinsella’s paper an editorial, Mr. Soearmao—That was tn evidence. Mr, Morris—The editorial is not im evidence, Your Honor knuwa, plainti I could not receive it in evidence. Mr, Shearman—The geatieman did not object to it being received in evideuce, Your Honor. sadge Neilson—Will you proceed with your argu- men Mr. Beach—Yes, sir; after I have asked Your | Honor irankty to consider whether the intimation | that you bave given that Mr. Shearman or any- body else on the part of the deience may at time object to these readings wii just) Wal of (he argument on the part of toe de- ect quotution must be © correct the incorrect. ¢ Neilson—No additional quotation. ci—Upon this q i, a® TO the sacred- id yr. attached vy Mr. Beecher to ag arman—Your Honor will please note that ot tO the reading Of these extrac ob jence aud entirely incompe in- ded to affect the jury. Judge Neiison—It will bo os tonne that in such instances where he r ception. They are to oe tndersteod nee, VUt As A mere illustration. uot in OF THE LORD’s surrEn. eXtract from one of Mr. istered by a pope, is goo 1° Sdministered by a cardinal is j if tt be administe! ourself it is just this sacrament of of the last and His discipies, it to them, saying, my poured out the wine, saying, “rhe is That it symbolizes Pe rifice of Ch His biood offered for kid, and that it derives ail 1 nw ir te direct or apostolic successto: any in 3 ty ag of the Gospel. dea saat administer iy apper aepiives ‘tt of and sacrament: jaracter and tnfuence, have but to o boils of His boay orthodox idea of (. iow of that # illustration, perhaps pr: ‘ subject. AS a tcalis, of the course of worship and communion in Plymouth church, it may be suMictent to say that Vilver Johason, in ail the Moods and tenses of his belie! ana is yet considered @ satisfactory commanicant at Plymouth churen. Counsel then proceeded at great length to com- Ment on the doctril put forward by M Beecher in regard to miracies, his ideas ef o future life and the abolition of bell, the creation of “he Wand. Darwinism and evolution, aaa —these quo- | but as argu. | Mr. Beach: ‘that th of Mr. instance incorrect aud | inacen ied he assumes to a is to invite without regard to their church con- | 04 discipline. read extracts from the defendant’s sermons to substantiate nis argument. MR. BERCHER’S IDEA O# THE PULPIT. Mr, Beecher says, In tue first volume o! sermons, page 400:— t bas been said that the pulpit ought not 10 be turned into 4 lyceum for the discussion of cns- toms and policies and Such like topics. Anything that is right to talk about at all is right to talk about in the pulpit.” Well, the church 14 not, then, that holy amd #e- cred temple, isulated from the Practices aud the thoughts and the iscussious of the world, dedi- cated to the worsbip of tue Mas: to holy reflec- tion, to serious thought and if-examination It is the piace where every worldly topic May be consiiered and treated } appropriately ar to the nature of the wudject, It t# pot Cnrigt, God, man’s redemption ana rep At partica- man's and wate may properly be introduced into the puipit and discussed by the announced minister od. And! be permitted to without offence, that the practice of Mr, Beecher corded with his theory, And the result which you Would expeot to follow in the desecration ot Goa" netuary has foliowed in Piymouth caurck. itis not an orderly, spirit-vroken, prayerfal wor- SbIp; it ts nov @ service which holds up Curist and Him crucife ut it isa performance which hibits Beecher and him giorifed, Throughout bis sermons are Scattered tue minutes of nol applause and laughter. In « report of Mr. Beec! ers sermon of June 14 there wei igh of laughter during the d sermon. Mr. Fullerton—Laughter and applause. Mr. Beach—Yes, laughter and applause. Mr. Shearman—There was bot any applause, SHFARMAN AS A CLAPPER. Mr. Beach—Way, of course, my friend Shearman was there and he was the loudest clapper of them in the congregation, (ares ughter. anunee jelison—Gentlemen, you must keep st- i Beach—Now, It is the easiest thing tn the world tor Mr. Beecher to excite any passion or emotion of our nature, no matter what itis. He may make hbimseif the feeiing and impressive teache and trots of our tthe most perfect bumorist and wit and comedian. Ali she varietios Le human nature are open to his touch, an hand, 4 bus is serious consideration of the various characteristics of a great man, in- whether this exhibition ducing to amusement and irivolity in the church of God rather than to the glorification of that reverenes and worship which belongs to that sacred place, are appropriate to @ character so ee and magnificent as he is represented to be. Well, 1 have been furnished with alew of the quaint and extravagant expressions of Mr. Beecher in his pulpit, perhaps not worthy of pur- ticular notice, but one or two of them tn bis “Life Thoughts” { will give, He says:—*I could have killed ola Jerem: if 1 couid have got at nis ribs.” And toen, page 103, he says ‘L Oud a their prayers.” ‘This is in the “Ll pray on pater ork our of # bot- vie.” (Laughter.) That is @ good principle. “It 18 praying Irom the heart, the wine of Whe spirit sbarted the cork and opened ihe mouth.’” Weil, in his ‘Life Thoughts,” at page 241, he thiuks ‘The elect are whoacever will and the non-elect whosoever won't,” (Langbter.) Weil, I thiok thereis racner too much fippancy, thavit is rather too irivolons for the considera- tion of the great and interesting topic of elec- tion, Some of his forefathers beleved in that doctrine, Some of tne great ltvhts of Christianity believed in Of course 1am not competent to enter imto @ theological discussion upon that sub- ject, buslrememoer in my younger and better days to have heard that doctrine taught by men who were revered the chosen leaders and teachers of Christianit; Here the counsel-read extracts, as already al- lauded to, from Mr. Beecher’s sermon, pubiished im @ newspaper, on the prodigal son, in which Mr. Beecher is represented as taking sides with the Prodigal son as against his brother, who “was too stingy to get drunk and too cautious to sin lacivi- ously.” SHEARMAN’S ASSAULT-AT-ARMS. Mr. Shearman—Wnhat page do you read from? Mr. Beach—lt is trom your own notes. Mr, Shearm: No, Sir; it ot. Mr. Beacu—Every word tat I have read is@ quotation or Mr. Beecher’s, Mr. Beecker’s ser- | mong are reported in @ newspaper vy a regutar fe>orte! tir. ‘Shearman—It Your Honor please, | proiess against this, Mr. Beach--They ha id itim this court, Mr. Shearman—This is an anonymous newepa- Tr, Det even @ newspaper pubdlisned in New ork, very likely e d the learned gea- teman did add a great many of bis own remarks, Witnout making any distinction. Judge Neiisou—We have uo assurance of that. Mr. Beach—Il this Court and jary are so anin- telligent that when I read from a newspaper they cannot distinguish between % quotation and & comment, way, | Would recuumead Air, Shearman Vo,sct as. an interprover. Judge Nellson—Tne jury can disungaish. Mr. Shearman—it is impos ibie ior ns to diss tinguish bis quotations from uis comments, Judge Nellsou—it is but a mere matter Of tlus- tration. Mr. Shearmsn—! submit that it is utterly no- | precedented to allow matters of tiiuatranion in tae way Ol quotations irom & defendant’s speecies, jutended to prejudice him before the jury and to scanualize him berore the public, which are for the purposes of this trial, and pe onary ge except. Jadge Neilson—! tuimk It samissivie as mere ar- gument if counsel see fit to use it so. Mr. Beach—Wuen Mr. Beecner was enlogwed as | tne great preacher of the time, as tne orthodox teacher of the palpi aud held upas pure ana stainless and true, fapposed that was all ad- | dressed to the outside puolic. I supposed it was Tae | to that OUlside jury to Whick my friend Porter re- | ferred. Mr. Shearman—Your Honor, permit me one word, Mr. Evarts in bis examination of Mr. what I have read | Judge Netisoa—vh, Weed Bg written by the | Beecher inquired fully into the course o1 bis life, and no one will find tu the speech of Judge Porter or Mr. Evarts one word, I will undertake to say, certainly not one entire sentence founded on the SssuINption Of AUY uct DOL stured im Lhe evidence, and that our Opponents were not permitted freely to cross-examine him upon, aad here we are con- fronved by @Xiracts frum ne Wspapers—extracts, aoubtiess Getions— Mr. Beach—That is not trae. SHEARMAN AS AN UNDERTAKER. Mr. Shearman—It is true. 1 wiil uuoertake tat of suree there is pot ope of which he is the ace kKnowiedged aothor. That it is an entire per- version of Mr. Beecuer’s statements; that they impute language to Mr. Beecher that he never atiered. They are quotations [rom sermons which 1 listened to, and [ kaow that be did not ose thas language. {t does not give a correct joes of what Mr. Beecher sald more than if I were tu say of Apostie Paul that ke said, “Ged be thanked that you are the servauts of sim.” Is it Justice to the Apostle to make that quotation and to iet it stand tere detached from t's connection? Jaage Neilson. *y ¢ ne assurance, of course, that these repo! the discourse reierrea to we don't know that, still { shink they may be ‘used as hlustrations in argument, That it 1s proper to help and (ortuy an srgument by reaging trom a newspaper something putting the idea more forci- ble, Wheiuer it be irom one source or another, from “Adama smite” of tae Edinourgn Review. ‘Yae jury are to regard tt @ mere ilastration which at tue bottom may be correct or otherw! Mr. Beach—We had the annouucement trom ti other side that Mr. Beecuer’s sermons we’ weekly gathered ap and reported ing the country, aad It 1s Pe Kubw independent oi their declarations. will 0@ au astonisument to @ great ans when our ued iriends the weekly thoughts and t ir biessed influence, jit will be an astonishment to many to ot correct representations of houghts and teachings; tt will be sg mo \o Many, sir, to belleve that the dental is —Mr. J your owm experiences aiso will lead you to admit that you are not alwsys correctiy Quoted yourself; wud yet you are always remark- ably clear in your utterances. Ther stances where you have nov bee reetly re- mews: LJ indeed | have oae before me now. Mr. Be That is @ cons nee of the Beach, your observation reported; and when Mr. Beecher come out 10 has puolisne thirty rolumes of sermons, or Whas not, I think [ am justified, sir, in making extracts thentic aad autnorized t rect. been made from these docks, MR. BEECHER AS 4 PREACHER OF THE GosPr Ww uiet way, let us Dy Mr. Beecher in some way assatied, ir tmn- d and discarded or tried to change in its and character. He mas de |, in tae first piace, the condition of our first parents, the egrity and purity of thelr original creation. a8 lowest pent of ‘hole idea of orig- bstituted the he the atonement, in de- seed i of Ag beg w without 5 re is no remission. secularteed tne Obrii Church. Inst if vine lustitution, where ariat mneets Hite enil- of His the influenc of the world, lar in My char tor, useful {n its oMce and oear about it none of the odor of sancti! it is ike your theatres, your ralirotin yout commit pag a uy other of the gat o Fede pursuits of ir he has degrace the hignest and most exaited office to ite, the ministry of the Pog RA. cial that no qualification is necessary to belongs to @ lawyer or engineer, ne e or authority ‘rom Chris), no embassadorship ‘rom Reayen. Me saviAtnE un, aoe, MDITIha! 4" Athan,