The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-23

restng little society namely Margaret Sinclair her hus
beautiful little boy two or three years Of age Who
while speak in the sunny land Of Italy. probably
prattiDg at his mothers side while she there in ths
land of music aud song studying art and bringing 1t
to entire Perfection to delight the ear cuvAts the
imagination and to improve the morals Of her own
couple who also placed before to be blasted with
infsmy by verdict to declare the mother
a bastard Are there ALP No; you have young vir-
snia' almost q woman in in, years to be sure
SS sa vb1
all these! Why order gentlemen, that by going into
the pedigree and tracing that pedigree to its collateral
links With Mrs Forrest you may fot upon Mrs Forrest
ascrt of concentrated nfamy, who prone to
wickedness even in her craiiebent upon vienes and
utterly incapable the very constitution of the woman
OF any act Of virtue 1 have overlooked more--i
have overlooked the party who indeed might have been
IN nsr np S
have the destiny Of this woman In your hands also
woman, who, at the bright and blooming age OF nine
tceL-and bright and blooming you have doubt
abe the pride of her fathers house-was capyatsd
by he fame the personal attractions and his great rspu
ta'on SIS an artist which had attached to the dstin-
guI,bed young American, gave him her hand and
frosted her virtue 10 him; since then s events
long years she devoted herself to his service in /
may ray, the most abject manner; 80 much so that
thst vile woman who was brought from his kitchen 10
traducs hsr and to whom opportunity urns he'd
stated that she little better than upper
the house of her lord. know not how you felt gen.
tltmen, when that woman uttered that remark but
may say for myself it is the stage this case-the stage
in which thought Of the tendency Of the hum heart
to fiery indignation, which, fitting occasions turns
as it we're The milk Of hlimaI Kindness into gall eai
makes man feel as IL a ratlesnake had prepared to
strike l say gentlemen, these are the parties who
stand around you this is the sum- in slight degree OF
tbeir condition and claims upon your consideration /
viii reserve to future period what have to say
The caius OF the remaining party TO consideration
You will observe, gentlemen that Mr. Edwin Forrest
comes before you by the voice of bis counsel to
OF on verdict which SHOULD utterly blast all these
people and send him forth annealcd triumphant clear
from every stain ard bcmahthe victor over all those
whom with iron heel, by OF pour veriict ami
by the course Of public judgment he would trample
oeep into the slough Of dying nfany 1t certainly
is OF scne Importance whea many in scale
Willie in the other stands i'ary individual cheer
lese as we sre toldnot single epdearing connection
at least OF his ownwhich should present him to you as
suoleot OF colnmseration--a subject of commispra
th Doubtless he is entitled to Justice but that jus
sice trust isnot to be won by mans and that
too, by the tears Of hackned actor on the public
stage accustcmed to initiate present the passions
which he would excite In Others but feel. himself
reserve what ought be SAID Of his position till pro-
ced TO the exaniue ion OF the testimony, and in that
examination conceive no better mode at least to
some eXtent than to pursue the line OF
adopted by the COUNCIL the other side
been told that there in this three distinct aues
ons-hrt whether Edwin Forrest at the
Of this snt resident Of the New York. Sc
coEd whether be is guilty of the crime OF adultery,
Third whether Mrs Forress has been indde to her
counsel the other side, with prudent aud com N aa
Bile speed, and oomrendabe facility must observe on
them at much greater length because they are mate
rally connected with anote er branch OF the ca,e-the
remaining question The first, gentlemen is was dgin
forret on Inc l9th November 1850 when this suit was
commenced resident Of the State OF New York This
question Is canvased materially in various parts of the
evidence and was very properly made distinct point by
counsel end to this 1t becomes necessary that cali
you, attention to TIE evidence bearing upon it. Lst us
see what that evidence is. 1t is true that Mr. Edwin
Forrest is native of the city Phiadelohs but is
also true according to hs own statement that "a early
as 1887 or 1888, ct the very commencement of his
married life he became resident of the city of New
FORK, and continued to reside here. at all events
up 70 the month Of May or June, 1919, when,
as he now states he bsoame resident Of the
StafA nf utu Nta G.oNt~r
you will be this-that Mr. Forrest has been advised
by his counsel that msn's domic OF orgian it is
calied--ttat dom!oi which is aeq ursd By brin--iu
rome args degree continues to be with him. and por-
tiou as it werf Of himself that an emotion OF mind
would enable him TO resume 1T and that man has only
to ray to ninteif-now my affections and de Tres
longer connect themselves with this land to which
have emsrated, and hencefcrth my eyes are turned
backward my native cline" and that emotion OF
hs mind makes man resident Of his native couatry
lsuprcte this is soDewhst the Of AIR. Forrest
surfose II s probable he received legal advice this
speak now without any offence to any counsel; but
when mention this supposition, do not refer to any
person. for unlike ether parties, he la, numbarles
counsel. II seemed to them tb st by this legs fctou
M Forrest able to himself resident OF Penn
sylyanla at any time ne pleased; for, geatemen We
nave legal fiction descrbed by three Latin words,
'.iae pro turc, (now for then) land MIR Forrest had
ouiy TO say from the first OF June last, consider
swear to dr OConor proceeded to compare the test
moIy bearing upon this point Of residence reading por-
tic Of the ahidoVts and other legal documents so
lelnniy subscrbed TO by Mr Forrest in cooneaou with
this case his having iu November 1879 exercised the
Llsht OF Young a. Sn election held in XGbkers
state Of Nev York and described himself ia legal do
cunent in August, 1912 EiWn Forrest OF the city Of
New York, trsgedian. Mr. 0'Copor conteuded that
he should be bound by these acts, showing him to
be resident Of this State, not OF Pennsylvania
Mr o'Conor eontinued-I think THAT it will be suat
suit In the courts CT the State OF Pennsylvania It GER
sny never has been pretend that he had any idea of
biraing the fuit in tho State OF New York. fer from
that heur 70 the preten he has dared
This .ady in the courts OF the state of New York auj
proceed TO the tris Of lis But sh. got order
fS4f no cad rSfh that
LoLed the suit in IeGnyvlria and Che matter mains
standing sil Now, gentlemen, call your attention
distinctly 10 the feet THAI in swearing that be had
changed bis residence to the 5ae OF Pennsylvania there
ether object on tn. paIt Of Mr Forrest than to
give pretty fancy 10 the judicature and legislature of
the state Of rennyysnia fer them to grant appca
ton for divorce, and upon that subject refer the
court e the op,hion pronounced by judge Edmonds,
resiience-thst is 70 say, q mere change Of resi-
dtnce in point Of lava mere formal and noDi-
nsl change in virtue of the Law, Tor the purpose
OF epaplug him to prosecute the suit against his
wife, in the court Of another State in which she
vss no; resident. will read the learned judges
opinion, Kent, and other cases. Ir. O'CoDor then
rsgd the learned Judges opinion.l Now you see the
opinion Of this learned Judge 1t for the purpose Of
PcnnsJlEanis, and If you please 70 assume sort OF
residence there and that he had slept there even his
With urp ice that il was not his home, evidently; bat
tnst sun he might have slept there The Court viii in
,rUct you thst such mere temporary change of nj
location and Of bis psrscn whilst his proper:, remsin'
in New iorbvhilst his domicil nj FonthilI-whie
he rtlnains IA New York and whilst the occasion
Of con ici at Mrs. Ipgersos continues in New York
that ruch temporary change of residences (f it BIS
csi.d charge at a is, IN point OF law, no change OF
resioerce aud therefore that Mr. Forrest upon every
prl1cpe is much resident in the State Of New York,
at this very hour, as he T.. was, and at any
period OF his life II might not be amiss TO state the
erguase Of the Chief Justice Of fsnnsyvana speaking
OF Of there di, orce left her husband
ard into Il at State and sought obtain divorce
against him (Ar. O'Conor here read the opinion so
much, gentlemen for the question Of residence. have
dvc upon it probably more than necessary Can you
any mortal hesitate when you have before you
the records Of the Court and solemn judgment Can
twelve rational and responsible citizens OF this
commonwealth believe that Edwin Forre-t under this
sort Of dence, became resident at Philadelphia IN
the month Of June lSs9 and continued resldentup to
the present time and has only bsen la New Yors on
casions when compelled to remain for the purposes OF
busnee., or compelled to remain while under some RS
ttraint Tor short period submit that the ;ssus
sqar the defendant is plain the eyes Of any party
and that nothrg short of positive revelation sroa that
the ayilanoA nlalnrr