The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-23
THE FORREST DIVORCE CASE.
the Argument on Part Of the De.
fendant.
Superior Court.
Before Chief Justice Oakley.
cArHARIys NJ FORREST vs.. EDWIN FoRREGy.

sAraARryx N. roasEsr vs.. EDWIN yoRRxsY.
THIRTIETH DAY.
JANUARY 22~he interest manifested by the public in
this scems to be the increase II draws to
cose and the anxiety for the result apparent every
countenance within the precns OF the City Hail. At
early hour this morning besieged by spec
ato and long before ten o'clock every seat and stand
during Mr. Van Buren's address for the last days
was early in attendance, accompanied by her sister
Hiss Virgins Sinclair Mrs N. z. Wills. and two other
ladies' There several other ladies' in court
them friends Of Srs Forrest who anxious
the summing up OF Mr. 0Conor on her behaH Mr.. For
rect usus seated by his counsel and his friends
About ten o'clock Mr. oConor commenced his
address.
Mr.. ocoNoR's SPEECH
May II please the Court-lt observed at early
stage OF tnis to certain things OF which
by possibility complaints might have been made and
wherein no complaint was made on part ani in
ply thereto wish TO ii your Honor pease that the
policy which II determination to pursue through
out this csae. and my Of right and
2ropriety dictated to NE throughout this case, the
avoidance, "a tar as practicable, of sny obssr-
vatlou on any psrsons other thsn those
tria before this court, snd especially to avoid any OBJ
sefvatioD, iu the nature Of rbai jest, which might
excite ribald laughter. in deeply iuterestias
IN caute go deeply secting the parties th, L. al
so deeply copnectea with the adnnistrat,n OF ju,iss
IN It's tenderRst pointso interesting to ths whole
community, net merely OF this CITY nor of tni4
even OF a kat part OF the parent country which spsa
Ahe Eneheh language or has acquaintance With it
That same cepse OF right, sir dictated to the pro-
prety ct making complaint ald at stage of this
Gaze have ever complained Of anything vhich or any
OF proprety or traDsgIesson against those rules OF
good order witch indispensable 30 the very being
society, and which unless preserved must absolutely
render 1t wholly impoFtibo 10 maintain the orderly
faithful nd correct administration Of law in courts Of
justice ere alone it can be practically felt say cir
my palicy was net to complains aad so tar sic
OF lrieguiaity may have had any tendency dveope
the true character of OF the parties to this
rersy it would indeed, have been bad policy com.
pain and IN this matter, standing do the sole de-
fender Of this lady, followed out my determination
observe this policy, we'll as to seek Justice rncre-
i / Al der.
ed as perhaps regular the iarces that have been
enacted end ths tragedy that has been attempted
by 80 many voluntary witnesses brought before the jury
Snd displayed before this community, for the pur-
pose of developing to the Jury to the Court and
The community the true character of side Of
this controversy But, sir there has been depar-
ture trom propriety which that tendency There
has been one departure fom proprey which may rench
on very mportaot right oi my client and deprive her
OF the benefit which should result from this right.
therefore here aek leave TO com plain for the first tme
OF The last yoaton OF prepsiety which has yet taken
place IN this case sir that violation of pro.
priety pursuing tho game Of cfiniscrimnste VOC not
perhaps OF person but Of reputation far mere dear than
life which has characterized this throughout 1
mead cir that which called forth the observations Of
your Honor yesterday the remark "a to tho probable
unftiendliness Of the Court Nov, cir. | conceive
IT to be altogether in character aud following
the probably communicable and certainly very pru-
dent course Of my adversary deem it proper
to impute that remark not to him. but to his in
structions- not as emansting from himself, but
as Paseing through him-the mere conduit, the
voice, the language, the observation Of his client.
Now, sir this the last n propriety yet have
/
hope that az all the persons who have within the
sweep Of this party moral sabre have received stroke
even up TO your Honor-l say have confident hope
that twelve other individual, viii receive suitable de-
nunciaton consequent upon tho u,ticc negrity-
the righteousness of their verdict. And It is only
sary for TO ada that 20 other inpropretie fear
them not Now, Fir, obse-vs this for the rsayon
have stated observe it because it has tendency
70 privs my client Of right before this jury If your
Homer please there have ssoed during some i've or six
long weeks two advocates members Of the legal profess
eicr who come in each as the champion of his party
fvuh fbp tharc,
seys and l am bound TO thing--houestly nhued
With confidence in the righteousness OF his clients
cause bot each OF liable to the deepest pre-
udees liable 10 be greatly misled each liable to use
couse Of argument uDfouuied in tnctured by
between u.s. How, if make statement Of evidence
directly to the counsel the other side
how, it pursue course Of argument founded
principle OF law TO illustrate this case, widely different
from the course q argument that ought TO adopt how
I would ask your Honor, these jucors TO find
pre ano liter betwe bus your Honor, have
expected through this case sir from he very
nept, that every just honorable and upright in the
community would BE- deeply mbued may say, with vio-
lent preudce agenst the u this defendant up
the time one er Two OF hia witnesses examined
have expected, sr that that cam enlightened and IN
teligent judgment which fer twenty years has pre-
eided in this court with upivers setsccon manifested
not only unaer the od system by the highest au:ho
tity In the State bue more recently by the majesty
OF the people itsslf;-t have, l tsy, sir, expectei
that that enlightened judgment which no man
douhte2-whch rarely his jury ever differed with
which have alt at the bar, uniformly known to be-
impartial just emil ghhened in its view Of evidences
and in be Jaw, reasonable marked with that plain
Saxon common which goes straight home to she
hearts Of men and carries conviction to them; marked
with that lore OF justice that knows iaerirg that
1t has commanded universal adniration-I did expect
sir, though pretend to ne personal csims on youc
derston--though my client Is q tosal stranger
to you, cir, aId total stranger to al Pl9dc
ruen-peop,e like yourssg-I have expected from
shs outset that that common justice which for
five and twenty years all parties hgsnt in this court
have received st your hands would bsve osGp msa 'ut
made certain nipressioas the mind Of your Honor
that calmly dspassonatiy freely and ieirIessiy, az
heretofore you would put the 10 this Jury, and
whenever tie learned counsel the other side ani uy
self are IN cor aict- conflict as would be strded
material By your Honorthss the scale would be nais
between and the right pressnte this jury not
20 be for their absolute gorcrnaace but tor their aid
smons conhictng arguments do trast-I DO hope lido
pray-nay demand as matter of justice the rt
Of one 81 the most helpless Gaa tendess individual
far as the management Of case in court Of justce
s concernedwho has eve. appeared in this Court tnat
your Homer viii fee The mprerrey Of this remark rs
to uniendUess, sad that you viii not be turned aside
from the performance oi tpst duy Rom wAlcn never
Believe you have shrnpk and nat 90 his oecaon dsre
gardirg that or any other forgetting
ityou viii go to this jury with the Impressions which the
evidence bas made en- your mind, uuini nidenced aud
unswayed by this gross impTopIIcty Geatsmsn OF the
jury this case. after having very iuliyss must be
f.ssed--taSed your patience no draws ID Gloss No
thing rer4eins for mo but TO present 20 you such
arguments as strike me 70 be requisite to put,
and to b, proper in the GAUGE. l. shall en-
deeror to do SO calmly and dsplssionatsly.
There may be difficulty ia doing that Tor there
psessges in the which, according TO experience
In the maUer " Is mitch easier 70 nsten 70 than TO
speak fou gentlemen, occapy position OF some i'm
portancs. You ounded by parties deeply in
teTestea in the results OF your deliberatons-who are
not only msy say by your side but some Of whom are
IN remote and distant lands. The controversy in
its legal form, is between two individuals II
might very well have beer confned-snd in the ordi
nafy osuise Of things il should have been conned-to
rmpe erquiy into the acts " those two parties and
Of the respective guilt or innocence OF e'thsr. That
has not been adopted BY the voluntary act of
one side pumberless individuals have been drawn into
the contest; and by the final address to you on that
eide, every other human being IN respect TO whom the
plaintiff has not exhausted your patence bJ calling IN
60 court ytneSses to defend them AID regularly sub.
sect them to trial respect TO every such ndivdua
IN tho summing up speech Judgment by default mas
been taken aud they ali pronounced guilty ana ut
aery Infamous in respect to those matters extrsneou
90 this which nave been presented Tor inc pur
pose OF casting odium them i am bound 70 say,
gentlemen. as ths outset, that ] once heard from
the Jury box, whom entering into some OF these irrec-
want matters the words, have mercy upon US - aud
once heard from voice In the jury box we have
four tes already. J, and have lolL GO nse.