New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-26

20 ne &C. OF adultery eet~een Mrs
Fouest and Captain Howard. # believed, would
cave doubt upon the mind Of any Oodv In relation
1" ne tult of ether party There are three tests
With regard 20 &c credibllty Of evidence hrst the
p babiliy ofthe fact sHorBtO second the general
character OF The witness aad thru, evidence con-
tairg contradictions In relation - the pro5sbilI-
y OF testimony. the Judge said, that evidence sur
touhuto O> III probable circumstances should al
Ways require strong proof to lead the mind 70 be-
heye IN nS Truth. Tae character ~ a x,tness did
not, be SAID depend upon the mere oo,e,on or hear
say oil oueis and should not be considered affected
tbere-y. we all know. he continued that xhen
man IL suitV there grows up. IA A little xhis scsr
eral impression as % hrs con uc, snd n j. fh.t
which gives the !ury proper opportunity Of iqdsine
his character, and seeing how TAR they ms piaes
reliance upon his testimony Some men have sooken
OF Mr.. DOtv, manl'esty from 4 mere pefssnsi
knowledge they have bad Of him IN some ransao-
tiCns AID safe that they would no. believe him On
oath |. is only, therefore. when witness comes
be ore YOU. and shows that he IL acquainted wiha
man and his general standing IN tne community,
ard says he would. 10. believe him that you are
bound 10 place any credt IN the evidence Of that
witness, affecting the Truth or Credbiliiy Of tae
person against whom be teSrhes Thus II is, thst
whenever an attempt IS made 10 empeich a witness,
the counsel OF the party sgaiusI whom he tesuhes
mas nsht TO enter into the question as 10 the
character of such witness, by producing others on
me stand and by this means, show the jury to what
extett they can place reliance upsn what he swesrs
TO. Then, Gentlemen, with respect 20 con,radic-
tons 1t Is always important 10 look at the whole
eyltence When a man comes upon the stand, and
says ~ WAS d Vdu>dcuOn When no person
present, thtfe is 10 means Of contra ictng hun for
the partv agans, whom he gives this evidence cannot
reply Bu.n the Jury be satisfied he has made false
statement he is unworthy OF crecence. In this case.
there fore Gentlemen, YOU must apply the test have
already spoken OF. namely the general character Of
the witness IN the community and where you md a
train OF circumstances all leading TO certain result.
you have 10 inquire, has that witness been contra
dicted IA any paJt OF his testimony by that of others
The Judge next spoke of the test mony of Mrs I'M
derwod, which. he SAID, was long story consisting
of what Mrs Forrest told and wha. she had heard
from others your business, said he 10 separate
what she says from her own kno sledge, from that
which she has obtained from Mrs Forrest and 9TH
ers The confessions OF Mrs Forrest. made At the
time OF the negotiations about a divorce could not
he SAID. be permitted 10 have any edeccln their do
cslon OF the case He then procee led TO in the
nature of the case and the points IN issue between
the parties and the first point he took no that Of
tie alleged criminal intercourse between MT For
rest and Miss Josephine Clifton, AS testified 10 By
Doty He did not consider II necessary to at
tribute TO Doty willful perjury, Ia his statement
arc reviewed that portion Of It in which there
contradiction OF dates IN relation IN the ale aot
OF cTiminallty on board the steamboat Albany These
contra lotions were OF such nature that
prudent jury could rely upon the testimony. The
Judge next reviewed the evidence of Andrew Jack
Allen, III relation TO the connection he had OBJ
served e. exist between Miss Clifton and Nr For
rest, At Norfolk, Va, when they were on thestri-
Cal tour OF the Country. II such state OF things
stopped there, me cOnlinuet) the Jury wsuld have
10 consider could they be reasonably accounted for
people would consider that It could while others
would hold that II could not Passing on, then, but
keeping in mind snl the facts test fed to, you come
to transaction which. perhaps, Is not the next In
order OF tine. Here the JuCge referred TO the test-
mouy OF DR.. Hawks, .descfOlng the sce0e In rho
railroad cars and giving the opinion OF the witness
upuH the cause Of Miss Ctt0ns Illness on that oc-
Caslon. This opinion had been cOHUadlctcd 0y inc
opinion of other medical Witnesses and should have
IOweighi with the jury But leaving these cOntrs-
dlclions aside tssld the JudgeJ the fact remains
that there a degree Oflltimacy existing between
them that may certainly Do regarded AS ettraoTdi-
nafy between single lady and a married man. In
this connection the Judge also alluded 10 the EVIL.
CeICe OF Mr. Foster, who testified to having seen
Mr Forrest come out Of Mics ClittoB's room ono
mo ning. IN the Eagle Hotel IN Albany In thls case
the so tne acttesi6ed TO, Independent of the
attt ndng circumstances and the Jury we're toask
themselves could this intimacy eaiSt, yet be recon-
cilsbe with the innocence OF Mr. Forrest Tbo
ylss OF Mr. Forrest 10 the house Of Caroline lnger-
soil we're Iekt spoken Of by the Judge II was also
for the Jury to say, IN relation to tins mater, oil
which he had offered no explanation, could no nave
cone what he IS charged WIN, and be perfectly
innocent We now come to the case asalnsi Mrs
Forrest OF his part Much has been SAID 10 IN
clcaie two things FIRST, Mrs FORESTS principles
on the subject of social relations aud moral clrcum.
stances indicating a desire on her part to disregard
the ordinary rules OF society ana giving rise 70
pTeSuu ptons that she would be IN danger of failns
/ exposed to temptation. This rested Principally
on a certain letter written by her, which expounds
general views Of hers, that might not exachy meet
hing IN the MS 20 her general disp0sltion ana
the propIeiy OF her life, is for you TO consider IL
Would he very dangerous mater to imply tue gum
OF adultery agaif.st woman VINO entcftnins theo-
retic notions ab mt social life and relations which
nsy OF meet the appreciation Of your views. Then
al attack has been made upon her truth which, OF
course The counsel had Ierect night 10 30 be ,auss
her AFFIDAVIT contained some contradiction o. her
osp cecsratioIs and acts. Now, YOU must not be
c6ceiVd 10 the effect OF this as u 10 10, evidence
aeaii = her, an cannot be usel % her 0ciInen
TfoC ainl sfta ~ got Z Inv
Judge. This, he said, vas paper found In her
CTaWtr, without any address or Signature but the
hsncwrltiig Of which was Identified by Mr. w. X.
Il axe as that OF Mr. George Jam esOn. Having no
direction the Judge said It might well be con-
sic.Ted addressed to any otDer woman Inc
identity Of the letter must FIRST be established
before II could be allowed IN evidence. Is VIII
be remembered that long struggle took place be-
the couIsel on both sides about tte admission
Of this letter, but II was hnay admitted, as MIS-
Forrest acknowledged II In her deposition. In com
men,ing upon the charges as TO adultery win the
parties mentioned by Mr.. FORESTS witnesses, the
Judge sid be regarded the case abandoned az
Richard Willis. Capt Cscraft, and Samuel harsden
Nsymund and that ~ YET remains To DC consloefto
Only as TO \ L. Wins, Capt HOARD and George
Jameson. The testimony OF the Demlngs as 70
then SEEING MI Wills and Mrs Forrest on the pias.
"a OF the house Ia 4 senty second-st he SAID should
be weighed against the testimony OF MI WINS oe.
uine any such trans actIOn and mat II that evidence
sat sies on that he has falshed the truth you muss
pay 10 attention % what he has stated Inc tesIi-
inCny OF Caryln has been subject 10 much cross
examination and you will see whether At is 70 Do
TeI'ed upon, with regard 10 the Udhsacdons Nnich
no e.eafs 10 have seen through the window.
There II "a ciscrep aucy IN bis affidavit when com
paled with his testimony on the stand, WHICH
YOU must observe, and say Whether what ne s1asos
sfsl outweigh the test mony OF Mr. Wills 80,
also IN regard TO the evidence Of John Kent, who
del6ses 70 having been sent by hr. WnIlsto MRS.
Forrest with letter 10 her coming 10 NJ. "iiiss
mouse her gong up 10 the room "hicn nal Deo"
sier Cd her to bs gong t~e nty minutes AIer;
snc seeing Mr. Willis come out OF her room anu
hesrlIg Tim say, - Good night, dear" Inc h's. IN
ouiry H. whether Sir Wills was really AZ tne d0of
81 MIS- FORESTS room And here yon nave 40 DC.
cas ems testified TO- on heb ElsSsael91 Nr Wiiis
But there s also discrepancy with regard ~ tnese,
remains for you, gentlemen, TO feconche mem
So etfYmiIe vi at credit attach 70 thti' vow,
,ou have testimony on this point % most Imposing
chFractsr-thaiof Mrs Wills, ~ho states tnat ons~o
occasioIs o. which Mrs Forrest as taere sne cane