New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-23

counsel Now Let us see sno are the Witnesses
Though whom We establish me AduiIsy OF nj:
=, IN furnish such evidence az slll satisfy
,hs INV that the action was co'nmltteo ne mas
never denied the evidence acting as II nc Was VII
ng 10 gst nd OF MS wife. eyen a. sae RISK oil oelAe
himself ehaTgto Win '4"'~l~Ne '"N
govern society a., an, -. 49,. -.
manner was made mater Of WIZ 70 be sure Dlt
.ho sas not cross examlDsd and ~som they MAZE
no attempt 10 impeach, tells you that MISS Cllft9n
Vas IN the habit otraveng with MIR T.. mat they dd
not meet atpuoc tables as o.ner persons DO tnat Ihe
occupied usually pdflof ~tn 40 De lch~hoees az
tschtd. by which htgle community was there
formed separated from the res. OF the household
Allen VAS sort OF attendant uDOn her-a cosiunef;
and prepared the ores ses Of Mr.. Forrest. lie LO4d
YOU he loved Dir. FOnesf. lie called him the
{" boy when he was young and lie vas s)II Of
apdnt courlsr 10 announce ms coming, 70 Span
fsvoraoly of him when Ia advance, ana "beh iO.-
lowing him. He tells you that when strangers we're
not present, Their conduct vas th-t oi !"seIsi
or man and wife that they embraced, thaI tlet
kissed and wneD night came they occupied THESE
contiguous chambers. No" grant mar hI. Atehs
testimony goes just so far and 10 farmer and Is pre-
cents lust such case as migai possibly leAVe jury
in doubt whether the last crmna llty had oeen com,
mItted but the Juror HhO would cOh'sal So aId
then condemn Mrs Forrest on tne evidence AI-
duced against her, would certainly ACT very incon,
sisteltlt But will say IN c4ndor n the case res,ed
there. The Jury would nOt be Obliged To suppose
further criminahty, although It would be the mast
charitable Of all conceivable conclusions. II "Ouid
be SO because the learned Judges have sald tnat the
Court IN eases ef cohabitaioD, must rot be blinded
by the shallow sTIlhce o. separate ueepny apart
meIts When you hhd apartments mus closely
connected and occupied, when yon ind a degree
OF heedOni between them amounting TO iasciFi-
OUsn,s, ana covering toeT cOndhct@ish tne
ceremoniOUs separation OF sleeping apartments,
.he Count Is Lot 10 Be blinded Dy tle M
fee, but must look through Il. Blu. still the jury
iehk draw heir cOnclus ons ore nay or tie
other. / confess nave felt myself driven 10 argue
that totally planned BY any sisge cfc Insance,
20 accyun, for any such apartments aAI "a cflieAce
in relation TO the lady furnished on the other slie
you ought on that con slderanon alone - cJnVts1
But case does not rest upon that. lol nave
next 10 It the important testimony Of Or. Hawkes.
and wife Now there has been an elaborate prepar-
alion OF an answer 10 the testimony Oi Dr. Hawks
and his wife, through the production OF experts IN
medical science, to sloS thai when Dr. Hawks eK'
presses opinion that AL abortion had taken pa Q,
lac expresses that opinion upon facts that are lnsaih
cent and inadequate 10 warrant that conc uson IN
ssmuch as all the medical facts OF which be speaks
might have taken place IN case OF simple bar Pc
culIGT ldbOTOus mensiTIatlon. now when Or.
Haw kes made mis- statement on the stand, presume
man heard 1t without that same opinion. that 50
far as the mere medical facts we're taken into con-
sideFaiion, 1t was altogether equivocal matter u
was case Of premature delivery, or case some
what aggravated and severe of menstruatiOn. did
not CTOaseXamine the medical witnesses 10 prove
that point Your opinion conceded PROBABLY WIN
every mans who heard the testimony OF Dr.
Hawks, and am ready 10 admit that so far as Dr.
ii. gave opinion, II Is not evidence 10 weigh Win
you, and VIII tell you why make that admission
The law OF the land Is that Jury Is not 10 % gov
eTenCd by the opinions OF men OF science out are 10
form their opinions but nom the facI tnat mere
is this exception to that rule, that when particular
facts testified 10 belonging TO aparIcular science
or art, with which the jury nave not personal &C
quaEtance, the erpert, as he is called on that par
uculaT calling is allowed TO come to the stand and
state the professional facts and give his opinion On
them and thus enhghten those members Of the jury
who may be ignorant OF that particular ART or science
Now when DR.. Hawks stated that he was OF the
opinion tnai abortion had taken place, he to ok
INTO account a circumstance which was not med
cal facthe took into account Tins circumstance tnat
Miss Clifton, single lady, travelling alone or with
out any relations Of the male sex with her, "i.h
whom she might take ahberty-traveling alone aud
beng in tins railroad Car IN company with married
lady somewhat advanced In LIE, mother, and pos
sess6d Of experience In both these departments OF
human afie ton, should have called married gentle
man to her aid and requested him 10 get this Lady 10
quit the room to stay out Of IT, and 10 remain III the
saloon with her himself. That was the other fact
which DR.. Hawks looked 10 IN forming his OpinlOn
The medical facts were insufficient TO enable a
medical man to draw conclusion but the additional
facts that had nothing TO DO with science In relation
10 which II became you as jurors TO form an opinion,
these additional facts the basis of his opinion
And on these additional facts submit the case 10
your opinion Now, gentlemen, by way OF confirm
Ing the statement OF these witnesses, both as TO date
for that seems TO be maeral-and as 20 the facl OF
this acys illness, Will refer you to two letters that
have been read, written ~ Rochester in 1872
mi o'ConoT Ieai lelier, which purports 70 say
that Miss Clifton had been taken snddonly III al thaI
place but that she was getting betler.l Thatconhrns
the TACT OF TINS perSoas being seen BY Dr. Hawks.
Mr.. Foster. against whom not lisp has been ut
tered caught up Just as Doty was, VINO didn't kno"
how got out, how We bee ine acquainted Win tae
fact thar he knew anything about the case, safes
that IN the beginning OF December, 1872, When MI.
Forrest and Miss Iillton were performing on me
stage al Albany, DC that which was flctln -lld'
Die with purity and innocence. At seven IN the
morning he, (MT Forrest came on, OF the room hav-
ing nothing but his Shrl and a cloak. ana passed
OF to another room At the moment of his passing,
some LITTLE signal was heard that ne did not under
stand but which caused Forces, II return 70 the
haf-Opened door, and there he saw the face Of he
woman he had seen a! The Iheater, whom he hlt
known rs Miss Clifton. This witness was scarcely
oSs-eXammed at all. Here was testimony ulc)n-
Iadlcied. Why says the counsel, You are not 10
apply to actors The same rules that you apply 10 the
acts OF other men.
in the character " MeiamoTa' II would appear IN
decent | should &c appaTeled in something saat
would not look like dress but would nevertheless
be dress But did the counselmesn 70 tell you that
MI. Forrest Was reheaIsng MetamOTa With Miss
Clifton tlaughteTl between and in the morning in
her paToT and II 70 be supposed that he could 20
90 her paTioT and rehearse MCtamOTa without having
his Mttamors Cxcss on has not been proved that
shut Is worn OUTSIDE the Metsmora gAb, and |
believe that Indians are not remarkable for The use
Of that slucle OF civilized life.
Now, let us see how far the statement II Nr
Forrest is confirmed by other evidence. lie IS more
fortunate than Doty. have he letter dated Albany,
l Nov. 80, lsi2 and another, Dec. ?, 1912 IN which
Forrest addresses his wife my dearest Cathauue,
and IN each of which he describes himself as beng
there present, playing and IN ore of Which, thar
Mrs Forrest Was engage, at home IN the Insaac Aoiy
ouIy OF taking care OF 4 poor old man, Mr.. Jones,
an actor, whom shs Cherished ana nouIishsi
cnime The last lew months OF his HE, ald
whose oesth.bed she had tended with TIA,
oeueIolelce which has marked her conduct IN
/ every evidence that has been presented 10 You
hWtTue that this Letter did not state anything
about Miss Chil0n bU. IL true that Dr.. Quacken-
boss, with bis good memory and without his book,
could testify that she was somewhere else Taa!
Mr.. Forrest was there and absent from his WIFE,
IL proved by the testimony OF these letters. II she
Mas thefe, ner name was upon the register OF the
hss!e Hotel and the proprietor could De resoTei TO-
out ho attempt vas made 10 resort 10 anything any
where, and the whole thing is treated AS true on the
/ part Of the defense. NoN how much more IS true
In the Ersi place there no deRslo Oft Inthe nexs
place there Is &c attempt 10 prove the pgrIiy of
Miss Ch'tOnS character.
In the next place, the greatest AMI the crosses.
intimacy existed between them and m the last
place, absolute cospanlOnship Is shown with her,
her I, al M