The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-26

presenting Mr. Forrest before this court Tor the pur
pose Of obtaining from him Rdivorce gentlemen
s somewhat peculiar In ordinary trials with respect TO
divorce there but side of the question to be looked
sether the husband proceeds against the wife or the
cumstance for inquiry but here from the peculiar
manner in which the matter Is presented each party
charges the other with this offence Now, the legal ef
feet OF this is that this evidence you shall find both
parties guilty Of adultery, find both innocent of adul
terry. the law will leave them where 1t finds them.
Neither party is entitled to divorce against the
other-the law grants divorces to guilty people
Mr. Forrest puts in his allegation for tho purpose OF set
ting up the charge OF adultery rs reason that even
he has been guilty OF adultery, she Ia not entitled to
verdict che failed in the same thing Mrs Forrest
should succeed in sustaining allegations against her
husband sbe would be entitled to ssk for divorce and
allowance of alimopy. Gentlemen, this case is q
very peculiar In many other respectsit ia truth IN
wolves the trial Of several distinct Of action She
charges him with adultery Several different OCCASIONS
with different peYsons-hs allegation charges her with
adultery with six different individuals each Of them in
volvng the necessty Of inquiry You gentlemen, with
the most perfect and most exemplary patience have
raid attention to this which will enable you
to consider the evidence and 70 TO prudent and
safe result 1t ia not which depends upon a mi
mute examination Of the whole testimony but the
ctedibiy credibilty OF the witnesses, IL you
should for instance believe the testimony OF Doty the
proofs undoubtedly against MIR Forrest Ii the ties
tmony Of Flowers is TO br relied the proofs
against MIS- Forrest decidedly guilty Of adultery All
the Witnesses therefore who have spoken in respect TO
it, are OF such character That, II all are TO be be-
ieved reasonable doubt would be left that these
charges are mutuRy supported against both parties
1t lttfg, therefore, question: CrfiOllty OF CNt
witnesses all that the Court feels called to
do is to state to you certain rules by which you
to judge or they commend themselves to
your good tense) of the credlbityof the witnesses
60 in this when you try the charge against
Mr Forrest, you to the affirmative of his suit
Mrs Forrests guilt which s to be proved; and If the
testimony leaves IL in reasonable doubt to say
whether tbs facts contained in tie charges proved
In the next place refer must be had to the general
nature OF the caee ard to some accompanying crcum
stances. II is most extraordinary case. Here are
two persons living together up to certain period in
an apparent state Of affection and harmony, which il
with acs Of inadelity. If their mutual allegations
aainst each other to be taken proved appears
that both OF these persons anterior to the separation
lived in mott abandoned manDer-hr. Forrest fre-
quenting houesof certain description, kept by one
Caroline IDgersol! travelling about the country with
woman, apparently not even takirg the pains to oon
cea their intercourse; while Mrs Forrest lived in state
of adultcrous connection with various psrsons. And
while all this going IL appears they were writing
each other letters, in the mcst afectonats manner
Now is not therefore most when it
becomes subject observation and scrutioy This what
you called upon to try. We have found here gen
about this not only in this court but in the
public atmosphere, feeling and prejudice which
most dangerous in hier effects upon the and proper
administration Of the laws TO this, the press ha'
great degree con trbud by spreadinaa the details be-
fore the public The consequence has been that in
every tavern bar room sshop-evcry place in
fact where newspapers circulate this matter has been
made a euhjeot of constant trial People have taken
sces upon it, end freely expressed their opinion so that
IL IL
obliged to live in the midst Of this discussion thirty
days not in some degree affected by It, Well you
called upon to decide this in the midst Of the
greatest mass OF perjury on side the othe that
hsve before witnessed while the bench or at
the bar Let me here say that the evil which must
cesssry out of the publication of details OF trials Of
this character is very great and most Injurious to
the public morals Idohope the Legislature Of this State
Will regard it rs their duty to pass act prohibiting the
publication trials OF this kind till they fully tried and
decided by the courts. It has always tendency to
create and often does create impression all the
community, favorable unfavorabe to either Of the
parties involved proof Of this you cannot but have
yourselves gentlemen during the progress of this
Iia that strong sensation has been felt through this
wi ole assembly ofapproba'on or dsapprobaion when
any pointed caustic remark has been made by the
ceursel on either side shall proceed, continued
The learned Judge to call your attention to rules Of
the rsr place there i, ous kird ~ ..s..no.y wtsui
id asofs you 10 draw certain inferenoes from It. II
hotter in than positive proof Positive proof
~ben given by honest witness Is entirely satifac.
tory but dishonest witness falsely In rea
ton TO some circumstance and escape detection more
eas than he could do IL he tried to prove the guilt
party by crcumstanal evidence IL is easy thing
man to ,ay that party told BIN certain thing at one
IT is extremely difficult for to guard
against. The evidence In this case with ono
mony Of Doty with respect to the act Of adultery be-
tween Mr. Forrest and Miss Clifton and the testimony
q Anna Flowers as to the act of adultery between Mrs
Forrest and Captain Howard believed would leave no
doubt upon the mind Of any body in relation to the
guilt Of either party There three test, with regard
to the credibity of evidence-frst the probability Of
the fact sworn to second the general character Of the
witnesssnd third evidence containing contradictions
In relation to the probability Of testimony the Judge
said, that evidence surrounded by improbable circum
stances shoud always require strong proof to lead the
mpd to believe in its truth The character Of wit
mesa did not he said depend upon the opinion
hearay Of others and should not be considered
thereby. We all know, he continued that when man
s guilty there grows up, in little while general i'm
impression a. to bis conduct, and It is that
irg his character and seeing how far they may
place reliance upon his testimony. Some men
have spoken Of Mr. Doty manife.tly from mere
personal knowledge they have had him in tran
escicns ard state that they would not believe him
oath It is only therefore, when witness before
you and shows that he is acquainted with man and
his general standing in the community and says he
would not believe him. that you bound place any
credit In the evidence Of that witness affecting the
tfes Thus 1t is that whenever attempt made to
inI ewne,s the counsel Of the party against whom
he tei'hes has right to enter into tho question to
the character OF such witness by producing others
the stand, and by this show the jury what ex-
tent they can place reliance upon what he swears to-
Then, gentlemen with respect to contradictions It ie
always important to lock at the whole evidence Wher
a nan comes upon the stand, ard says trans
action when no person was pretcnt, there is no
whom he gives this evidence cannot reply But
If the jury be Satisfied he has made false
he Is unworthy Of ctedence In this
case therefore, gentlemen, you must apply the test
baye already spoken Of ncmeythe general character Of
the witness in the community and where you find
lran OF circumstances all Leading to certain result
GU have to inquire has that witness been ccnrsdcted
n any part Of his testimony by that Of others! The
juoge next poke Of the testimony OF Hrs Underwood
Ehich he sad was long story, consisting Of what Mrs
Forrest told and what che had heard from others 1t s
-FOUR business said he TO separate what she says
ner own knowledge, from that which she has oained
rom Mrs. Forrest and others The confessions Of Mrs
Forrest, made at the time of the negotiations about
iivoice could not, he said be permitted have any
fleet In their decsion Of the case He then proceeded
o explain the nature Of the case and the points issue
etween the parties; and the first point he took up
hat OF the alleged criminal intercourse between Mr.
est and Miss Josephine Clifton testified by Doty lie
I'D not consider 1t necessary to attribute to Doy wful
In bis statement and reviewed that portion Of 1t
vhich there was Of dates in relation
ne alleged act OF crminay board the steamboat AL
'sny Ihee contradictions OF such nature tLat
prudent jury could rely upon the te,tmony The Judge
iext reviewed the evidence Of Andrew jackson Allen In
iston to the connection be had observed TO exist be-
ween Miss Clifton and Mr. Forrest at Norfolk Va when
hey were on theatrical tour Of the country II such
state OF things stopped there (he contsued the jury
would have to confider could they be reasonably
ounted for consistent with innocence Of the parties
Most people would consider that IL could while other.
would hold that II could ot Passing then but keep