The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-08

this morning, when MIR Whiting proceeded to addr...
the aud occupied the court for about hours
In the delivery Of very eloquent and srsum anta,ivs
spsech after which his honor the up the
case ne began by telling the jury that the question Of
be finally delivered into your hands In order that Won
may make true deivsrsnos between him and the pso-
ple 10 one OF no ordinary importance indeed all crim
nal cases which Involve the the person
are OF as much Importance him as to the community
IN wnich We i've III be be not guilty OF the charge
puted TO him, he has precisely came interest in his
acqutta and in being restored to lbertyss commu
NIFTY nave In having him convicted II he bs guilty, and
r'ceivsg that punishment which the law awards to the
CRIME OF which he 10 convicted All crimes operate alike
on the public the unjust punishment Of an innocent
man would be as much species Of public injustice,
the offence oompsiued of is against law and public
rails when It is committed Gentlemen, after the very
learned and very able discussion of the law and evidence
by the able counsel which have addressed you in the
course of the trial. it will not be the duty Of the
occupy you for any great length Of time in submitting
this case to your consideration At the same time it is
proper TO say that it is Of the greatest to
this community The evil of it strikes at the very
foundation OF society and OF the institution of mar.
rage, without which civilization could not advance
S,; sSt Tor the marriage STATE the natural con
reco nize1 by the laws Of all civil zed countries Now
the question whether 1t Is o civil ecclesiasti
cal contract does not and cannot arise here. All con-
tracts are civil which relate to- which regulated
or practsed by, the civil organization Of society and
laws where the contracts made, and to be full
filled SO far the law regulates and recogns them
1t must be recognition of them civil rites There Is
very large clans indeed who regard the msrro
tract as sacrament, and which Is understood BY all
VINO belong TO that communion, when entered into in
the presence Of priest to be the outward sign Of an
inward intent to be joined together and continue togs
ther as long they both i've for all purposes in re
gious aud spiritual unon aud that what understand
to be The sacrament Of that church But the reformed
churches hold differently; they only recognise it as
civil contract And therefore the belief Of its being
sacrament not UNIVERSAL for to be universal 1t must
be held to be 80 by all Christians But whether it be of
sscrsmental character not 1t 10, in ali countries
regulated and as conducting to the
welfare and happiness of society la this country how
ever, the law takes no cogniSance Of religious
IN nil In
OF them; and 80 far We must lock upon 1t only
civil ceremony We have no power to look at it in any
charge you that 1t Is any other Now arises another
question: and it is this whether the law requires anJ
In the completion OF any other contract Suppose as
en- illustration does it, as In the sale and purchase Of
sealing Of deed Wh,n speak p Of b. law anG
slude particularly to the laws Of the State of
s New York and | ask DO they require any
rnge contract The opinion Of the Court that they
do not 1t only necessary that 1t be made to appear
that they of one mind and agreed voluntarily to
enter into that relations 1t is the only fact that must be
proved satisfactorily, the having as conceive pre-
scribsd other form by which it bs proved Now
gentlemen tits Of courss important for clearly
understand he nature Of the charge and what that
against the prisoner at the bar Breads section of the
statute under which prisoner was indicted) It u.s. there
fore necessary In order to conviction this offence
that there should have been previous marrage-that
the previous wife should have bsen living the time of
should have taken place 1t has been urged that the
second marriage mast have been valid or must have
been supposed so by the party in order to constitute
valid; but that proposition cannot be maintaned the
statute is clear that subject 1t appears to me that
in this age and III this enlightened city 1t would re-
qure an extraordinary degree Of evidence to lead us
TO believe, that man who has arrived sge Of dis
to have had and having before entered into marriage
contract, and partaken Of the sacrament In his
church, did not know that his entering into this
was violation OF his ferner solemn and irrevooabl.
contract and rendered himself liable to punishment Tor
such violation is it that the other party
should suppose It to bs violated for II is provided by
18th section Of the statute that II any persons know
ing their former husband wife to BIZ living shall con
tract marriage. 60 shall be punished Sc and It IA for
the deprivation OF the rights of the former wife or hus
band and tho great evil that would result society,"
its punishment Gentlemen, have already stated to
you, that the first marriage must be proved it not
however, commended in this case, but that the rst
rage was duly celebrated nor is it commended that the
hrst wife not alive at the time and residing this
city, where she has since continued to reside Indeed
the facts are admitted by the prisoner himself and
the question is whether in fact this second mar
rage took place il is the part OF the pro-
AZ nss .ae % 90 to show that a.
first marriage WILL far the authorities CO. admit
is so but IN regard to the proof of the second
rsge. taksit to be well settled rule of law that the
confession of living together as man and wife, which is
confession Of the fact-thst il, the corpus dcti,
must be proved In this case, as well all Others and
you must be Satisfied beyond all reasonable doubt, that
there MAS marriage in fact between these
is they entered into his In fact for that
is the main questions and IL has been proved to by
the evidence OF Miss Fox, OF the parties; but 1t IL
commended that Miss Fox party to the crime and
that her testimony should be received with the
caution as that Of accomplish Well If you believe
that she knew that Hares wife living that she
also knew and believed that he had go. of her
and that he not single person. she was an accom-
pce in the crims-but before you come to the conclu
sion that she be subjected to the disadvantage that
rests upon an Gccompee you should take consde-
ration that she was told that Hare had divorce and
that he was freed from his wife If she believed that
and entered into this contract under that impression
and in the belief that she not violating the law
hp n ed nm to
advertsd to the testimony OF Miss Fox which he
over to the jury and told them that taking Tin
ton with that testimony all the circumstances of the
If they believed it, they should ind the prisoner
guilty it, on the other hand, they believed it TO be
private agreement entered into between the parties
live together as man and wife then the prisoner was
titled to be acquitted. The jury retired and in few
which Hare handed to the Sheriff on civil pro-
cess for seduction.
SUPREME CousT, GENERAL TERM-Present Justices
Strong, McCoun and Edwards-Csuse No j was re-
sumed this morning, and not concluded when the
Court adjourned
The examination of attorneys and councillors will
take place to morrow at six O'Clock in the noon at
the City Hall,
Court Calendar for Saturday same as Friday.
Common Pleas-No calendar for to. morrow
CouRr OF GExEkAr SESSIONS, Jan before Recorder
Scott and Aldermen Ds Forrest and Kslly-Triei of
Mary Reid continued AT the opening Of court this
morning the trial OF Mary Reid charge Of keeping
dsordery house at No 80 Orange street. was resumed
Several witnesses testified for the fence they had been
in the habit Of passing The house daily for long time
past ana nau net seen any uls0rdery conduct there
The prosecution, as rebutns testimony called several
witnesses who testified that they had seen men and
women Of the most degraded character king there
and also 60 up stairs together for purposes prosu
ton The case was submitted to this jury at O'Clock
but after an absence Of nearly four hours they stated
that they could not agree upon o verdict, aud were
therefore discharged from further consideration of the
subject. The court then adjourned until tomorrow
SUPREME CouRror THE USIrEp STATES Tuesday,
Jan. 4.-No. AVN. Bailey, Us VIM u. Dozer-In er.
to the Circuit Court of the United States for Misss
sippi Mr. Justics Nelson delivered the opinion OF this
court reversing the judgment the said Circuit Court
with costs and remandpg this cause with to
avsrd ptnire fotias d. nopo. No 1.-The Nav y.r
sey Steam Navigation Company, appellants vs. the Msr
chants Bank Of Boston The argument Of this cause
was continued by Mr. Whipple for the appel Mt. Ad
journed until to- morrow at IL O'Clock A. NJ