The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-11-14
Circuit Court.
Rnla1o

|
GsNTLkMEN OF THE JgRr-l approach the perfoI nance
oil the duty which now devolves me- with becoming
and trust deep sense OF the occasion which calls for
the exercise OF this duty approach il before you with
still deeper sense Of the nsdequacy of my humble pow
er oil faithfully performing that duty The case before
you OF the most important and
come before jury for their consideration Ii would be
80 merely In reference to the consequences to
consequence involved Of hundred fold importance and
soiemny is that of morality, decency, public and
private virtue Gentlemen do not believe that any
oil your number can regret the time that has been spent
In the examination of witnesses this trial. when you
consider tine deep stake which the public society
every Individual member othst society has in its
enlemen Of the Jury in your hands placed the stand
So 0ba avs and virtue decision on this case
to every class OF society," what the standard of morals in
this community is and by what rules it is to be fixed
IL once the high standard which honorable
up be broken down and its shvered by the aid
OF law or by the light consideration of jury not
what may DE the wisdom OF your aws-what may be the
bengnity Of cur institutions what may be your of
government-and on what boosted principles of liberty
standard lowered deadly blow will have been Civ en-
to the centre Of society the bond of mutual pro
lection In your community will be irreiragaby rven
asunder There are portions Of our country where the
power ofthe law is unknown, where appeal jury
unhought owhere the seducer has the sapciity
OF the domestic hearth The of the injured husband
is the sole avenging power 1t stayed its course
to await the ardy progress Of law If you would avert
administration OF usticef you would confirm the hearts
OF your felow-ctzens in their obedience to the laws
DO not disrespect this appeal made to you jury, by
lawloring citizen, instead OF avengDg his injury with
his own era, and hurting the author Of his dshonor
summoned into dread eternity. beseech you ty your
sacred obligation to measure this by
physical dispositions, or quibbng righteousness;
but by the nfsxible standard OF common sense The
quibbea and quirks Of legal device be employ in
determining matters dollars and cents only
concerned. But when the sancy the domestic altar,
where that sacred and to man
on EARTH when the purity Of the marriage bed the stake
then you must measure il by a standard ferent and
more eieva,ed-by the rules of common sense which
after ALL the foundation OF the law In neighhoring
Stae-and surely not have forgotten It'll that
State distine among its sister States its high
servance oil morality and virtue, public sentiment srs-
tanned the avenger when brother struck to the earth in
agones Of death the seducer OF his sister, In this act
he was sustained by moral vrtuous Jury and after
trial Of deep and interest the multitude received
him unscathed into their arms, and welcomed him with
shouts OF triumph member who had avenged society
in the blow he had given to the seducer See 10 it, gen
tlemen that you apply not in this technical
standard lest the husbands the fathers the brothers. who
now await Tor your verdict with anxious hearts find that
they are but leaning on a broken reed and they be
aroused to take the law into their hands Whatever
be the result of your deliberations remember such
will be tho standard Of public morality. At all hazards
entrea you to preserve before you the good of your
jury she will be sustained and protected In the discharge
OF nv duty shall proceed plainly. boldly and honestly
to lay before you the evidence in this cases but while
do So am determined that such erocity which
characterized the defence, shall with me into the
discussion OF the truth and justice OF the shall
rely on technicali,ies book law shall make
any appeal to the jury the of
motives as one of the counsel for the defence has DONE
who told you that ahous he had ceived fee to de-
fend and protect his CLIENT yet he only this Court
room watch the truth of the charge against her virtue
ready to abandon her if he saw that she VS. guilty.
make no such professions. | have received my
| fee to sustain my client have come into this
court room ready and determined at all hazards and
against all odds stick by him. to press his action and
carry him throu gh triumphant il any effort on nv part
can avail him. Could tell him after that had sat be-
would abandon him. should think myself an unworthy
member OF the noble profession to which belong.
dishonorably by the defence will not tell them that
they have come into with band Of witnesses who
have been under the rattan Of the dril-sergean Will
not mpue TO their witnesses base and unholy motives
will not charge their client with higher crime5-God
knows he is already charged with enough-I will
and brutal assault But I shall appeal to your sober
judgments, and will lay before you the evidence as
strikes my mind and if cannot bring you to the con.
clusion that the defendant is guilty then say willingly
acqut him. shall not seek to your honest npa
thias from party to which you think they properly be-
long there no man within the sound of nv voice
who feels more deeply than do compassion for that
| fortunate woman whose degradation is before you-for
the unfortunate mother and relations who volved in
| her disgrace end whose honor is darkened by the
foul suspicion which has been upon her virtue
But while no one Is more ready than drop the tear
OF sympathy, and mourn the heartrendng sorrows
of woman yet have duty to perform which calls me
back from pity, to bestow the balm upon q worthy
object Could you have SEEM as have, the agony OF
heart OF that husband, during the fifteen days which he
has sat in this court room to watch the OF this
racted trial. would know that another claimed
sympathy end that you have to vndcae the agony and
anguish OF that rven and broken spirit Yes, for fifteen
long and weary days he has sat before you compelled to
bear and to hear the stabs which the opposite have
brutay and SO anmanly inflicted upon his feelings
his honor and his character; and all because he has
dared to come into court to claim satisfaction OF your
hands the seducer of the wife of his bosomupon the
destroyer OF his domestic happiness-upon the serpent
epd who under the guise OF friendship, had twIned him
self around the idol OF his affections and blasted her with
his poisonous contact, For long years my client had
lived with that wife, qusfng full drsughs OF nnalloyed
love and happiness day and night She was his gentle
and fond communication her conferred his thoughts
by day. his joys by night. She the object Of his
prayers-his darling-his pup-his tutor and his child.
shall them not claim for him your sy pahies, when
man fend who had drank of his had shared his
meal-who had witnessed his hsppness--but who had
crushed him in the funess OF his MONDAY strength and
hope Shall not ask your sympathy for that miserable
aud hcsrtstricken husband, who has bowed in
beneath the blow which severed this bright lovethis
green aftection-ths ripenng joy even lille he watch
ed its buddng While ask you not to forget the sy pa
thies tbat wretched wife claim enrast you not to
check their generous n,w towards my clientthe hu.
band. must ask you to deal out to them both the mea
sure you think they deserve, and keeping single eye
high and solemn responsibility you have assumed what.
ever be the deeply the mpashs
up steadily and faithfully and in the presence OF your
God, earnestly and soemnly do your duy. Gentlemen
issue has been raised TO distract the minds OF
the jury from the guilt OF the defendant We have been
told OF his exemplary character and boast hes been
falsely made that he into this court TO po'ec'
his rights, not because he dragged here, bu'
voluntarily to shield the woman he had seduced from
| The punishment she deserved Gentlemen. do not con.
descend dsprove thi hmsy pre,ext He has here
because that he could resist the Sheriff. and for this
fairly but under the pretence of mitigation OF damage
cations ard unwarrantable assertions and charges
have been made against us which have entirely dis.
proved In the opening speech for the defence charge
Of cruelty and uhheard Of ndece lcy his unfortunate
wife was made TO support which they have not adduced
single particle OF evidence. In addition they set up an
issue by which the defendant hoped to have escaped bu
will hold him to the full responsibility Of it's proof
rhey act M that the plaintiff had entered INTO foul AND
,bomnabe pirscy ia order destroy his h.
had into Of Justice with host of pernred
and br'bed witnesses ~ gentlemen can prove to you
tina. the defence have not sustane1 this charge
there any be upon thai
defendant has dared to instruct his counsel TO come
into court and set up such deeuce1 The object OF the
ieence has been 10 refute mitigate II he has
ceeded in sustaining the charge Of conspiracy, then
however disgraccd and abandoned in Character let tn
iefendsn have the full credit Of his proof But il he
tailed to establish the plaintiffs guilt then when you
come consider this case, mpore you as men anxious