The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-26
THE FORREST DIVORCE CASE,
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THE CHARGE OF Chief JUSTICE OAKLEY.
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The Deliberations OF the Jury.
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Opinions of the Sunday Press.
Superior Court.
Before chief Justice Oakley

Before Chief Justice Oakley.
sAraAaIak n. FORREST voRRrnr
thirty. SECOND DAY.
The Court was. on Saturday morning, crowded at an
eaiy heur and the passages leading from the Park to
the Court were so throDged that it was with difficulty
those whose duty called them there could gain
Mrs Forrest Mrs P. Willis Miss Virginia Sinclair
attendance bef' re ten O'Clock Mr. Forrest was also
early at MS post ATTENDED By his friends
TIE CHARGE OF CHIEF JUSTICE OAKLEY
Chief Justice Oaaley then said:-Gentlemen OF the
Jury-lt viii not take long to submit this case to YOU
fore proceeding it. however Think il proper to notice
circumstances which have occurred in this case-more
particularly one in respsc to The Csurbecsuse gives
me an oprt r!rnty Of explaining fully what understand
to be the relative duties of the Court aud Jury wi.s
Iespect g TIE trial OF s.ses OF voroc AT the conclu
OF word which has but construction be pat on it
the imputipg to The Court unrendy state Of feel
ing or, in other words feeling OF hostility Of tbs
parties In this cass am quite Satisfied that the
sci did not intend to the words he did use In that
sense because it would be very gros, impropety and
uit have been known by the counsel to be the
legitimate line OF his duty understand that the
mark was intended to intimate belief his part that
the Court had unfayorabe Impression with respect
to ths OF his client, ari that the remark was
made for the purpose Of instructiDg the Jury Of
their duty to guard against the influences of any such
unfsvssabie impression, if it was laid before them
Gentlemen. counsel in the progress OF trial and in
case which he thinks calls for it. has undoubtedly
council IN this has Used that the Court an i'm
preston against o.e Of the partes and that it is the
duty OF the jury to disregard this impression, and to
rely ON their own convictions and views of the test
mony OF the case. 1t is impossible, gentlemen, for
Judge, in proceeding the trial Of such case as it
is impossible for jury, and impossible for bystander
TO near the evidence III the without forming
opinion upon it, OF necessity it must be .o and pre-
sume no Judge ever tried without having at the
close oil decided impression to the bearing Of ths
sNotnce IL In the course Of any remarks from the
Judge II appear that such impression does exist II the
dnty and perfect light Of the jury to think that his
degree by this impression of the Court; but I
can say with great confidence that have sub.
mite ia case to jury involving matter of interest
without distinctly apprising them this fact and now
say to you gentlemen in the most explicit manner that
whatever my views may be in respect the effect of
evidence the side or on the other you yourselves
are to determine what the effect ought according
your own OF the fair operation Of the testimony
before yor, because the verdict you render ia not min
but yours and you for It, 1t is very diff
hcut to cal the attention Of the jury to testimony in
cssevthout indicating II impression exists to the
b. stng Of the evidence what that impression st would
he impossible to do 70 bat say yeu, gentlemen and
wsh TO be understood distinctly you not to regard
spy Inference may draw OF the evidence any infe
renee you may draw OF my opinors in this care, in-
ueicing in The slightest degree, your judgment
frequently occuls In which IL bect mes duty on
tie part of the Court oay before the jury IN ereso
all the evidence in the cause II justice requires it,
ie ought to do it. II the Court thinks it pro.
per, he has always right to do il. He has al
ways the right to present to the jury the evidence,
Or sdirg them in the exercise OF their Judgment
and ,adipg them to consideration When the sugges-
uops ere made in accordance with the views they them
selves take OF The evidence they, of adopt them
they are not IN accordance with those views they
Ject them always relying themselves aud not the
Judge bcauee they are responfble for the justice of
then verdict Now, gentlemen, let me submit this case
toyou and it IL your frat duty In degree that you
shall distinctly and clearly understand the nature Of
The sues mere formed, and what the facts have
TO try ard determine Mrs Forrest has filed her com
Mr. Forrest char sDg him with the act of
adultery under facts and circumstances and ct various
tme', as charged The only material circumstances in
Der complaint which you are to decide those which
relate TO the Josephine Clifton and that which
relates to his alleged resorting to house of particu
M aescfpon There Is & great variety Of other
and place, but in relation to which testimony
was produced. These two things, therefore,
the material charges against Mr Forrest Mr.. For
rest, on his part puts in an answer to this COM
pan and after denying her allegations sets up against
her counter charges OF adultery with six men naming
them She in reply to this denies these charges
and thus the case comes before you A good deal Of
criticism has been used to the effect and character Of
Mr. Forrcsts answer 1t Is said that he denied the allie
cations made BY plaintiff, but smpy denied that he
was guilty Of the adultery charged At the time ard
place indicated IN the complaint leaving II thereby to
be inferred that be did not to deny the broad fact
itself IT IL necessary you should understand what is
the nature Of pleading under the code under which
sre now proceeding His allegation one ride and her
allegation the other are Of no ip portance at all
The Gaze stands, therefore, these goun j,-nirs For
rest charges him with sduley he denies t. and charges
her with adultery she denies --and that forms the
suc in this case and effect to be given either
party Oh one side or the ether to the ru til fasy
81 these charges These are the issues framed by these
pieadnes. Now the court before whom motions 10 the
cae were made thought proper 20 direct certain
slowing out Of these allegations TO be framed for this
Uigl have arranged them gentlemen, somewhat in
deient order from what they appear the Of the
locfcdings The brst Queston U.s. whether Mr. Forrest
Is guilty Of the adultery charged against him; for the
autl allegation sgsipst the defendant must hcst be
Clted Of and certain incidental iruuires with respect
to tire Test The best for consideration will be take
Up these questions in the order have presented them
The first qutisu isHss ha. not Edwin Forrss .r CO
his marriage with Catherine Forrest committed slul-
ery as 10 charged In this action? NOW gentlemen H.
IL conceded that thte parties married la England
hht cheJ came TO tnis country ana re'ded here
Der 81 yeae together IN apparent atmony aud pe ace
thai dhcultcs arose between them which led practically
70 tepsrston Out OF that hss sicN ths suit And this
question which pe TO yo is t0s question OF the plain