The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-24


cTION PoR DIVORCE ON TIE GROUND OF ADuLrmY.
DEC. 2i-Push rs Push.Mr J. Brsdy nsv,sx
summed up ON behalf Of the defendant and MT Whiting
jury lie said the plaintiff having charged the dsfsndsst
with committing adultery. and she having deneo ~
should 20 bsfor. jury who having heard al tho tss
mony the parties had to offer should reply In the amir
alive the neesve to those three nm:taone or !Ss
read en- and the being returnsd BY the
left for the court to make such disposition OF We
evidence adduced on the pact the plaintiff Of tive
knds-dirsct and circumstantial direct az 70 sne =.
legged adulterous Intercourse with Coates; dreos ana
circumsantia TO the alleged intercourse Of the %.
PENDANT with Barton the witness Wailaoe swearing
and the witness Mary csrrs s.s,ins that she saw
them together In tho room adjoining and communal
v. 'nS hs %ops BOTH S
dressed and In respect 20 the alleged intsrcourses
Radican the testimony ia Wholly crcu".t.1 ,
guilty act have sworn 10 the truth, or that sti
nt. rns ' according your belief o. oous.
the hest evidence Of . fact Is the testimony OF
But the Weight to b. attached to such testimony Dc sadG
altogether upon the character Of the person who H.
Hthsre is nothing In hi manner to create suspieon,
nothing improbable In the account narrative he gives,
and his character for veraety stands wholly unnpeseh
ed such testimony Is ordinarily entitled t. bshef,
ss ssnolu.ivs in certain csss a. ercum.ans evidence
1t comparatively for dishonest witness who dads
penalties with which the law visits perjury 70 swear to
state OF facts and circumstances - transpzipg sx-
clusvey within his kDo~lsdse - happening Within
his view alone when present 20 gAansay ~
contradict him. But is very different whsrss number
Of witnesses establish chain Of and crsunstaness
that whom taken together lead to but ono consuNon
and to that alone No power ot combination exerci6
OF human ingenuity by mum oer Of persons can desgn
subjected to- siftsd and rested by the GROSS exami-
nation Of the witnesses. A. together 20 exact.
" |. to present consistent nsrmonious ana
sl testimony amount to this it is the highest kind Of
evidence the most conclusive and satisfactory The
attainment Of the exact truth where sought to -
elected by the testimony n witnesses H. In any given
difficult impossible but this IL perhaps the near
est approach to IL at anabe by human investigations
The circumstances mainly reet upon shaking the tes
tmony Of whitney Is the contradictory statements he
has given Of the position OF She parties and his stating
when examined that he them In the act OF cor
nection and bis statement when examined before, that
they sitting the side OF h4 bed and In respect
Wallace, the improbability If woman intending to
commit such an act enteiing chamber OF men,
and deporting herself In such manner towards Coates
in the presence OF Wallace as would naturally excite his
suspicion as to her intention How fur these crcum-
stances considerations affect The ,redibility OF their
etatement how far the circumstances detailed by the
other witnesses tend to support weaken It, it is Of
for you to determine Ia respect to the alleged
intercourse with Radican you will pursue the same
course. distinguishing ahether tbs circumstances
adduced sufficiently strong, either by them
selves, in connection with the other facts In the
to induce you to believe that existed could pre-
sent analysis Of the testimony but omit doing thu
you may be left entirely to the impression IL has mad
In the course OF the cause Ine VIEWS IL 6u0
gests either for against the defendant have been mad
the subject Of very lengthy comment by two AN
counsel snd being purely question OF fact you allen
must determine. could not go over 1t and comUed
upon II without afordrg indication Of the mpret
sion made upon the mind Of the Court whereas In case
like this think it desirable that the matter should
be left for is solution Of the Impressions
made upon the minds Of the twelve men that compose
the jury and the result to which that ARSON
may lead than that they should be influenced In their
determination by the judgr ent Of any however,
great may his experience dsnteresed his motives.
1t Is very paurs gentlemen to desire to escape from
the responsibility Of determining matter in which We
have peropa interest II be done for US by auo.
Their whose and integrity
have confidence Jurors very apt to rest the re-
sponsibjity OF determining disputed question Of fact
upon the indications they receive OF the Impressions Of
the Court re. pecting In tue present 1t Is desira
BILE that no such consider should have influence
with you that you should determine the matter for
.aureve You are to determine these questions with
out taking into consdsra ~nat may Ue gu :oF upon
either Of the parties OF the you return
Ike this collateral considerations that tend to direct OK
draw off the mind from the poiut Of inquiry that
beget consideration Of consequences with which the
jury have nothing to do You not here the retore
gentlemen what would bs the best diseosition Of
this for these parties You inquire simply
to facts Yon cay whether the defendant has had
Illicit connection With the parties charged. After
full consideration Of the facts you take thess
questions, and them upon your csnssienee and
upon your oath
Dec 2z.-rhe jury this morning rendered sealed YER
dict for the defendant thereby scqutting Mrs Pugh
the several acts Of alleged inhdelity