The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-29

VIII 90 80 an We confidently predict that the re
SUIT Will be deep feeling of sympathy for Mr. For.
rest and the transfer OF any feeling of dislike with
which he may now be reg arded, to the individuals
by whom ho has been SO iofamoasly played upon.
Those very virtuous prints, the Itmss an tbs
Tribune, having scented the verdict on Sunday
were out yesterday against Mr.. Forrest 10 caarac
terist!c style The saDct nonious Tfibuneis apprc
hensive that the public morals will be injured by
the prurient details which it has spread before tao
people, in all their grossness, from day to day.
Passages viii al We omitted account of their IN.
decency, appeared in the full brea dth of their OBJ
scenity IN the columns ST the Tribune; and no
hatsynonyn for all that is hypooritcal depres ltes
the publication OF such testimony, aud promises
to "go and sin no more" This comes well from
the organ of socialism, system that laughs M
marriage, recognises concubnage, would bas.ardize
all children by afhiating them upon the State and
does not include the worship Of God on the Chris
tlan plan among the obligations of society. The
zsmes-the philanthropic, humane, Christi an-like
Iimes-simply pronounces Mr.. Forrest bankrupt
In reputation and honor, and intimates that the
contamina alton Of his acquaintance will henceforth
be Stunned as If he we're leper or pariah What
a charitable world VIC live in, and how ready mag
unanimous and severely vrtuous presses, like the
Tribune and the Times are, to pounce upon man
when they suppose him to be PROSTATE, and that
the public are willing to join them ia tramp,ing
upon him
The havoc made with regulations during tho
progress OF the trial has been awful Capt Cal.
craft, the q deUant husband Of Miss Love- the cee
Drdteu singer ana actreeS was among the sufferer
and poor Josephine Clifton has been disintered and
arraigned, with none to utter word in her behalf.
The motto, 'speak well Of the dead" has no place
in the legal vocabulary Mrs. VOORHEES,, now in
Italy, has been on tial as well Mrs Forrest, and,
Ii fact no mercy has been Shown by either side to
any one whom it was possible to connect in any
way With the circumstances Of the case Let US
hope that such display of infamy perjury, vim.
dictivepess, and prejudice, as we have had during
the memorable FoIres trial, will never again dis.
grace our legal records.
THE FORREST CASE.
From the Express, Jan q
1t is very natural that the press Of our
country should take up and earnestly comment.
on the extraordinary case which, having oc.
cuped the Superior Court, in this city, for ore
than month, has at length been ter ninated by
the verdict Of jury. And We are prepared to see
In the columns OF some of those Of our contempora-
RES who are fond of criticisiDg everything New
ork does, some severe structures upon the peculiar
features Of the trial One has already spoken. ex-
pressing the opinion that "ihe whole exhibition
has been q disgrace to a civilized community. The
case continues the writer, has been less trial
OF any issue between the parties litgsnt, than al
lnveste alton OF the characters and conduct of peO
pie in general, living and dead And hence it has
been less an effort to administer justice according
to law between two parties in suit, than to feed
morbid appetite for scar dal." The extraordin-
airy latitude allowed by the court is commented on
as Illegal. and that assumed by the counsel in at
tempting TO imIeach witnesses, and putting them
on trial well as the parties to the suit, IS with
equal severity condemned. There is ethi1g in
the same vein, moreover, concerning the facility
with which testimony has been put into the case Of
an obviously corrupt character.
Wefear that there is too much room for these
structures upon the III amer in which the case al
luded to has been conducted; but taking into con.
Sideraton the extraordinary character of the suit,
growing as it did out of series of transactions
which had long been in progress, We do not see
no v il could we'll have been otherwise. 1t is now
three years, almost to day, since the FIRST step in
these proceedings was taken, in the agreement of
the parties CANT to separate and live quietly
apart. Circumstances with which the reader must
by this time be somewhat we'll acquainted, very
soon brought about termination OF that agree
NEXT, SO far as secresy as to its cause, was con-
ceined, and the matter became one of public noto-
riety. in It's progress enlistng ne little feeling
both sides Of the controversy, duplicating many
well known individuals in the community, and be-
coming, month by month, the topic of public in
efforts, it came TO the point of legal arbitrament
and was referred to jury 9. the country, in court
Of last resort, presided over by one Of the most
upright ana sagacious judges Of the land; and,
after trial unpa raleeo in interesting and minute
detail, was decided.
We DO not, we repeat, see how, con sidering all
the antecedens, the trial could well have been con-
Quoted differently, in any important particulars,
from the way in which it was conducted. Mr.. For
rest seeking divorce from his wife, on the ground
OF adultery, had gone into another State, and pre-
sen,ed petition to its Legislature for that purpose
He professed to be citizen of that State and laid
before the body whose aid be invoked numerous aft
eavits, alleging divers acts of adultery against his
wife. After much olicitation, the Legislature of
Pennsylvania refused his petition and referred tho
applicant TO the courts passing some enactments,
we believe, With special reference to expedting the
end be sought in that direction. To the legal tr.
bunas of that State the opposite party, advised by
counsel declined to submit the decision of the case
claiming it to be her right to be tried in this State
as citizen thereof. Our own courts sustained her
in this view of her rights, deciding that she was not
bound TO answer in the courts of ano Their State or
course, Mr Forrest having assumed the position Of
a resident Of Pennsylvania, could not bring his
action for divorce in New York. though he could ap.
pear as defer dant 10 answer in similar suit nsti.
tuted by the other party. here. And this oppor.
tunity was afforded hirn-Mrs. Forrest commencing
proceedings against him for divorce on the ground
Of adultery. and be answering and putting in ale
cations of her guilt Of the offence, by way Of
defence and this is the suit which has just been
decided.
During all these preliminary proceedings,
charges were constantly accommodating, new parties
were drawn into the case and various public atoms
81 adavis. on both sides, as to what each averred
each expected to prove on the trial, were from
time to time put forth Sides were TAKEN as was
to have been expected, and opinions
formed as was inevitable, and so, when the period
OF final arbitTa ment arrived. the matter had be-
GENE one OF public Government, and fears we're
entertained that, in community so
excited, a perfectly fair trial could not be had
But when the case was ultimately commenced ua-
der the management of the eminent counsel en-
ployed by both parties, and before court not
by any in the country for honesty and
ability, and jury elected in the fairest manner
by both parties, from q specially drawn list ofan
hundred and twenty men, these fears vanished and
there was general confidence felt and manifested
that the trial would be fair one, and the result
just one. By what seemed 20 be general instinct,
the press, as body, foIbore to comment upon the
facts in the case either antecedent orpassng, while
it fulfilled one Of its most important duties, as we
bold. in giving TO the public i'm partial account Of
the daily proce ediugs on the trint The court, in
Consideration OF he peculiar character Of the case,
the number Of issues legally involved in ii, and the
stIl greater number Incidentally and inevitably
connected with It. INDUCED counsel Ia the produc
tion o. evidence beyond the usual limits. and the
,sse was trieG IL the fullest Almost every.
hing that in the opinion Of either party, could pos
silly bear upon the subject matter, or reflect ray
b igh on the minute point Of issue, was permit
ed 10 come into The case and If this not fair
Trial, Owe speak, we think, the general opinion)
there can Dc 10 such thing fair trial by jury II
20, all are bound, good citizens, to concur in the
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