The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-06
rHE FORREST nIyORCE CASE.
Superior Court.
Before chief Justice Oakley.


his charge against him personally that he would
strike blow where his adversary had no power OF re-
torting It required gentleman very recently admit
ted to the bar believe such Of him lie had as little
inclination to answer such charge as to complain OF
the gentleman when he departed from the rules OF order
II he inclined to take such an advantage or to
speak without giving his opponent opportunity Of an
sweriDg he would certainly select some one else The
gentleman had also sad when they had a. much con.
fdence in the plaintiffs truth they had in that OF the
defendant, they would call her to the stand This was
certainly strong expression of want OF
strong the vote Of want Of confidence which oused the
English mnietry If the plaintiff could not gain much
confidence with them their client had from him Mr
0C) she was certainly sadly of Suppressed laughter
The whole issue legal forensic question: he ap-
pretended turned upon the question whether these a.
fdavs were to be treated responsive He, the de-
fendants counseD had made an attempt to meet
that argument, which he seemed to admit had been
fairly presented to him to They had been drawn
in the exercise Of the right and power, aud in con-
formity with the constant habit and practice OF
counsel, not to answer many things that they deem
Without entering very fully, there were one or two
points he could not allow to pass unanswered The first
and an important one was heresy that he could not
subscribe to. 1t that in consequence of Mrs For
rests oath the peadingi In this cause presung that
they oath she stood we'll by her affidavit in
answer to the other suit. This was not So The oath
subscribed to the pleadngs liz there one could not
be taken in favor Of either party making it. The jury
had no right to know they were under oath was like
affidavit Of merits filed to prevent an inquest being
taken and to be read TO the jury or put to
the evidence for the party making tit was only re-
hey might certainly call for any affidavit Of the opposite
party II they pleased and we're then bound to admit the
whole The opposite counsel had ATTEMPTED to amply
by instances that Mrs Forrest had referred to- and
adopted true statements In Mr. Forests affidavit.
Counsel had spoken Of the sad Gonsueo by that
expression she referred to of which she spoke and
described and it was not necessary that she should
say every time II the letter Of which poke and
although she did not undertake to cite the passage
and letter and deny it, she did deny the character
Of the letter and she did deny that the letter of
which she spoke admitted any criminal act.; she
f.rJ nr sIa AvOfa
caly deny the allegation that the copy annexed was
copy part of Mrs Forests affidavit was, as he
in this in folio ALL Mrs Forrest spoke Of this letter but
the defendants counsel chose to read that did that
give him the right to read his own clients affidavit Mrs.
Forrest had answered that she did not think 1t necea
ry to say anything furtherthat she had sufficiently cen.
cured that letter. and 1t proper question, how had
che censured 1t? What the terms-the nature of
her OF censure The answer to those ques-
tions to be found in Jamieson's affidavit which they
had asked for The learned gentleman had taken ere lit
for the patience and assduity with which he had read
bis clients afidavits and he had asked whether
they wanted any They had answered. they thought
stood he willing to do so; they thought he was going
to read it, but he changed his mind then and objected
and his Honor the Chief Justice decided that It could
not He also took credit for reading what he did
read He had certainly read it badly he possibly
could lie did not charge the learned gentleman with
being bad reader; but he thought he might say as
Henry Clay did to Isaac HILL when the latter had
read speech which Mr. Clay had made on the subject OF
the Union Bank and which often been very dstaste-
fully quoted to him, that he had no further reply
to make than that he had heard that read very often
before, but never SO badly (Laughter) And he, Mr..
OConor would venture to say, that notwithstanding Mr.
Van Buren, not bad reader and the atdavs of Mrs
f. had been read often yet they had been read
badly. The point which this question must turn
would be mainly whether there to be implied any
admissions from Mrs Forests silence, and he submitted
there could not.
The Chief Justice gave his decision The proposition
he said, to admit Mr. Forests affidavit comprising
from folio $40 391-and be would dscde each point
it arose. The prc position covered the whole of Mr. For
rest
Forrest relative to the transactions at Cincinnati in
nection with Mr. Jameson and Mrs Forrest in ,aton
to discoveries alleged to have been made by him.
to the party at Mrs Vosrhiss the in which he
discovered that letter and which he sets FORTH as he says
rebG He then sets forth the circumstances OF the
quarrel between them, with some statement as to the
DDS ufed" you lie and soforth That he then wrote
ready determined that the reading Of Mrs. Forrest
statement will not the door to the introd uction Of
that II party choose lay the stateme of their al
vsrssy bsfore jury taking the risk of what Impression
it may make, il is not that they to lie taken
true open the door t. their statements &c
text place. 10 the statement thus given in evidence
ineligible, whether it requires the other TO exp4.n
He could discover nothing in Mrs Forrest'ssa iavi:
that was uncertain sta ding by itef it might be untrue
i;se is fairly undetood is the one, and be thou h
here could be explanation to be goo before
he jury Each party at liberty to CAL for The state
OF the other side; but that did al nit HIM
give his own The question dispose Of, Continued
tie Judge s the def ndant offers in evidence saseme It's
Of his Of which have and have no. rsfe-
renee to the letter. very clearly Of opinion. and
have been in but certainly net than
two in which testimony has been offered be given
this jury, that it nsdmi.sb!e without hearing any
diicpss.on but have determined to give to this trial
the most course and had therefore heard arv
merts where in many the court would have ruled
the testimony at ence inadmissble. At present l
clude this proposition. Defendants counsel took
exception to this decision, which noted; and the
court thereupon tosk recess)
Mr. Van Buren, raid: now propose to read from
Mr. forrests AFFIDAVIT commencing at folio emitting
the auson to the interview between Mr.. Janie:on and
Mrs Forrest Then he proposed to read folio 375 where
he described the examination Of the bundle Of letters
and down to the end Of the letter of George w. Jameson
That win embrace the manner in which it received
the manner in which it was kept, and the manner in
which 1t dsc )vered.
Mr. o Conor merely said he objected.
The Chief Justice sadf you have no observations to
make will dispose of it as it strikes The propros
come within the rule laid down As to the parts
sIecting Mrs Forrest conceaing about her bundle Of
letters do not think that read-as the PARTY
at Mrs. VOORHEES, that is immateral Now we CONS to
letter which has struck me the contest between the
bssn se BE- in M
Jameson, and the affidavit goes charge that
it wss retained by Mrs Forrest secretly All the
within the same rule The point is, whether IN Mrs.
Forests affidavit, there is sufficient dsntihcaton Of
this letter. and after all the labor do that.
1t seems to me- TO comply with the evidence
that has hitherto been given 1t is Sc. forth IN hare uerba
IL Dir Forests affidavit and it impossible that she
was unaware Of its contents She SPEAKS of it without
suggesting denial The evidence strikes quite
satisfactory that the letter referred to in Mrs Forests
ter she received from Jameson and kept for consider
able time am Il opinion that If the party 9sh to give
that letter in evidence they at liberty do So and
that the difficulty which hitherto ex.ted been salts
facterily removed
Mr.. OConor-What part Of the affidavit does your
Honor admit 2
Chief JusticeI do not allow any part Of the afdayi.
Of Mr Forrest, but allow the letter sef, which has
been proved to be in the handwriting Of Jameson and
mitted to be set hec rerJe in NJ Forests att
dayit.
Mr. O'Conor excepted
Mr. Van Buren-I would here remark to the Court
hat, having been reprm anced for my bad reading
will now endeavor to improve. daughter The learned
enteman then proceeded to read the Consueo letter
emphasizing certain parts
And now, sweetest Consuelo our efdream Is
end tuch dream Have not known real bliss
Have we not realized what poets love to set up
ideal state, giving ful license TO their imagination,
csrce believing in its reality Have experienced
the truth that exstacy is not fiction have, aud as
VIII net permit myself TO doubt you certain you
have. And oh what additional delight 70 think-
no TO know that have made some hours happy to you
Yes, AID that RENE mbrance Of me may lishsen the
his w TINA f hon e. 81,