The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-21

OF the trial which appear material for to pass
that deem them material, may make some sugges-
tioDs In respect TO them but view the case, there
but these three material inquiries hereFrst,
the defendant the time OF tire OF this
suit, resident Of the State of Pennsylvania Second
nss ne committed the adultery as charged in the com
which he charges against her And gentlemen, In the
decision Of this issue and before you proceed to
slider hope you will not think that there is any i'm
popriety part in asking you divest yourselves
rs nearly you do, Of those PREF udices which be-
long to human nature stated to in tha outset OF
this care that were engaged in controversy with
woman Isated to you that the universal feeling al
mott Of al animals certainly Of NIL certaioly
OF OIL civilized men In In favor Of ths female portion OF
creation Anybody who has been engaged in litigation,
whether in respect to matters OF feeling matters Of
pope1ty-nnJbody who has been unfortunate to be
placed in hat petition knows that there il = prejudice
On the part Of courts and ues in behalf OF the genter
and mere dependent rex, which nearly deprves
Of all favor IL not Of the justice TO whch hi entities
him do not complain of this have stated through
out to you that expected and desired to Gnd jury
who were inbued With the,e santimen:s-t ia one SO
universal which almost all animals participa
thpt u IA not hishly 70 man because il "a so
neutral 20 man that i. ceases to be h,nosble to
him but IL u ust IL Il proi that il should be lit Il
tbe protection which belongs 70 the weaker and
extended to them in this case; hut II the res
timopy in this be viewed the light Of the
prjuoioe ano leaves doubt in your minds il respect
to IT. justice then shall expect that the staple
cumstance that the issue Is between aud womsn
shall not deprive Of verdict ~ your hands II 70
gratify ing gentlemen 10 reflect that this
plaintiff concerned she appears here not ouly with
the odysntsge which belongs to her but With AL the
ncider tel advantages which imp coar5
OF justice She has no lack cf means to procu 20 at
pdaoce OF witnesee from every Part Of this State and
from reyelal Of the other States u the Union testify
in reep,c ct 10 the meet trivislthe most rsgu6cant cir
cUrstanres Where two, or three witnesses from q
distant Stse cou!o shed ray of rht Don the matter
che bad no difficulty in procuring the attendance OF
Lefe witnesses. md procu'iDg them the staud So
too in respect to counsel had the good fortune
be supplied With council whose scuaner and energy
exceeded by none who pactice a. the bar OF
state or Of any ether State She has had all
ccc@onp, and everywhere instant. earnest, zsal1us
aesstaDce from him end from such auxiliares as hs
night desre TO eE6t SEe pears here therefore
every foIthcs''cn which could b. LhrowN about her
coFe, and with the al.ace of al obs ces chat her
titon might otherwve raise up had she been unable
nom want of EsaDe or want of iUauence, 60 CONN, md
hshsue' which II necessary 70 establish our gut and
her innocence she has two eentlemea conoscted with
her in this court, ard large number OF influential
inen in several tifereGt DEPARTMENTS She had msn
corrected with the press connected With the pub
lie mcdeo Of transportaton--meu connected with
public snrfements who Il in their power by the
various radcatcns Of society which they pervade to
erlet net only the largest influence in her behalf to
brrg to her ,urpors In respect TO
which it will be my du.y t. comment most freely in
The courte q my remarks ks-showing you that where
fact could be elected BY the most dlisent .esch
II has been done ard shown YOU fear that where
fslsthood was required witness could b. procured TO
testify to II 20 that he could manage to escape the pun.
sbnent which the law provides for suoa offences
link sha oe able to ;n af7 you that In ta- progress
of the testimony has been sdduced to matters tha
utter aDd stsoue fslsty OF which must b transparent
10 on rs it must have been ut the time they put
IN the stand But should anticipate what have 70
ray II | st this moment proceed the considera
ticn OF this testimony There ether suggestions
rested Nth the that 1t may ot be improper
t.. The plaintiff is not n native Of country. She
wss born IN foreign country and has spent largest
portion Of her lite there; but from her
own cleice, 10 make this her residence Testimony
htsn introduced To show that che sndeayoted NJ ali
events, to become citizen OF country, and It
would be most unkind most unjust moSt ibcfa s ony
lrs udice should be permitted to exjst against her by
the Circumstance that she is what is commonly called
:" foreigner" ard the defendant AAsriosn citizao
She came here from choice Sbe is entit!ed the tut
htr.ht Of all the privileges which citizens
Jey and .boud be the last person in the world to At
tact tthier any enssity any uukndnass ~ feeling,
on The part Of toe jury the pubic from ths circutn
stance tDst she stands ia the relation have described
Gentleh en- hfvipg thus called yeur attention to com
rsi'a in thi care, ard having desred TO present to
ycr the testimony ia the case stripped OF all prepos
s.stion 20 far ss have been able to DO 80 let ask
You whether you have entered the consideration
u this case and are passing to hear the summin,
np II the testimony in respect to it without any pre-
tccs or prcpoesesicD egainst the defendant Whether
Cu rsy not h1ve heard and believed that he is o.
Iolett umpe~; whether may not ha7 heard thath
j. Who has conducted himself rudsly towafds his
wife whether you rot have read oil che various at
osvs mad in ths ard the stscments in the
tapers o bis ow associations vile ha5irs bis ignorance
and mt OF civilizations and wethr there may not be
jurors in that box at this moment proceeding the
stdeIatiop Of tts end The evidence adduc,d IT.
and only scno of their suspicious and pee
JUDGES II such is the csse gentIeuen-if you have
these prjudices sgan, the defendant let call your
attention for ncnept TO portion of the testimony
IN this cssc which goes TO show to you no. what say
Of the de' ndnnt or Whist az, body esefys CT himbu
which secs to chow you bis heart sel just much ash
IL were laid before and had nothing to do
but Inspect it You will understand me- Of course,
referring to the letters produced by the plaintiff in
this case; srde me say word to you 10 remind you
how there letters were introduced They were not de-
clsIati made for the puoc eye they not 1tate
nents made TO tie hereafter produced; they
statements made by n third person When q writes
letter 10 his vile o in law and in fact 1, writing to
himself to art Of bimse-ard il there ever is time
when entirely natural and sincere, If ever there
ts time whsn he speaks truly and Justly and unre-
srvedy What be feels is when he sits down with un-
nd lta ted
CT tn. corugs relations to write ianiiary ard friend
y kind letter to bis wife You will RENE mber too gen
ten eleven years. that they bgsn early 20 1889 and
continued till December, l84s; that they spread over
tricd should ssy Of nine years. that they written
Ter the un,stances They fsm
lar notes, written sometimes slip OF paper TO say Il
win rot lie home to dinner few OF them written
TIE box ece OF the theatre, stating reason, why bs
did rot return all under the most unrrserved crcum
stspces ard in the most confident relations You will
remember too that there &c me three or four and
twenty Of them selected by the plaintiff Nobody doubts
the soueness Of the plaintiff; nobody doubts the acute
ptse Of Ter counsel; and you will bear ia mir that
sUopg the thousand letters written under all conceiv
ahle circumstances end with all the irritation which
there circumstances must excite, those which would be
Ipcst urlavorsble to hr Forrest--tho,e which would
iye tod effect fer the plaintiff in the minds OF the
irry-thc,e which would most ieiure his reputa-
tith, aud most benefit the plaintiff have unques-
tionably been rlected. From this vast mass of ma
,e'ial " ich his corT-spobdepce would furnish
by he plaintiff and her counsel. with yiew
TO throwing light on the chsraeter and conduct OF
The defendant VIII remember, 100, Jnat soulO oil
these letters were written under circumstances OF rra
ttn such excited, you please by travel by Ill
hesth by the absence Of the comforts Of home by dis
appointing Mt in respect to what ne supposed had been
sent with him. by pro rsional rivalry by the struggles
eruwing up between in the sans professon by pay
sicsl and Intellectual excitement, by ilhealth whic
his labor bad uncr unately brought upon him descrih
the rushing blood TO his head and the regret wit
vi ch be feels himself forced 70 pursue profe son whic
leads 10 such physical exhaustion and Illness Under
there oircpmstances you viii bear In mind that these
letters written end Is there ~ the whoie--ia
the whole taking them from first to lsst-evidsnce o.
nyhDg but the most refined and delicate and cuvaed
feelings | speak not now OF the simplicity oil
bls Iatural dispotiton--how the minutest trines
hSd u power TO plesse him. l speak not nov Of
his love cf line sconerybs love OF the fresh bracipg
sif-.his desire 10 he walking with hs wfe In their
hsLnts at Noriolk-his longing TO have her enjoy the
In. day with bir-passing Font ILL on the river re-
HIN OF fero OF his love Of eninnals and the
wants tt The tabb msnt and the uniform result Of
this affection in his msssages but ask you whether,
IL The whne u This correspondence, from 1rst 70 last