New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-26

TlaGe bot m anon to which no testimony vas BRO.
ouctd Ttese two tsirgs. therefore, are the N s;e-
raj charges against Mr.. Forrest MI. tpnest, on
his part puts ~ an ans AeI 10 This compai and,
a!'F cenyIsg her allegations. sets up against her
/ counter charges Of s1uteTy slih SIX men, naming
/ zen. She, IN reply . this ans ~er, denies these
'h1iges, arc thus The ease CONES before You
eooc dea OF criticism has been used 90 the effect
ana CHARACTER OF Mrs. FORESTS answer II Is SAID
ihat ne cenltd tn allegations made BY pl untit oli
simply aen &c that be was guilty OF the adultery
charged at the time and place Indicated the CON-
pant leaving 1t thereby ~ De inferred ths. he did
Iot esn - deny the broad fact itself Il necesr
sari sou should Understand what is the nature
Of pleacu z, uncet the code under which Ne are
Io~ proceeding. They are never evidence a. AL
ara cam at ~ used as such.
Ifthere IS an allegation on ore SIDE tia. "a denied
OF tie otLer IL, office Of the code 10 take their
ale CATION thus uadenec As true the Jury has 10
Jut &c OF II according 70 the evidence. put where
GENIAL i put AID the oiRer party considers tbattt
l. insufficient thatiti waning IN certainty he has
ne night to call upon the Court 10 make Il certain
The plamtlf oancll 10 this thought the denial
very eQuiVocal and indefinite and Il rested upon the
Court 10 require the de encents either 10 withdraw
that answer altogether or make II mere precise. lie
has not cone So ami has considered It Insufficient
form an Issue between these parties 20 the fact
whether he was not guilty ofhe charge alleged
against him, and Il can only that purpose No
inference cen fairly be drawn upon allegations or de
mails the peadpgs before he put IN what the other
party or his council considered sufficient denial.
Mrs Forests allegations though swomto, are neevi-
conce Of his guilt, and you are not 10 attach the
Y.
Mrs 7 charges Nh. F. with adultery he denies It
Ms charges Mrs. F. With adultery, and she de-
MES II and that forms the il this case bu.
fact rs 10 be drawn theTefrom TO the truth Or
falsly OF these charges These are the issues thus
framed by these pleadlngs. Now. the court before
whom motions IN the case were made, thought prop
Ia Greet certain issues growing of these allie
cations to be framed for this srIal have arranged
/ them, Gentlemen, somewhat In different order
from what they appear on the face Of the proceed
/ inls their natural order. rhe first question
I D "a he il of %
atuliery charged against him; for the PLAIN
hfFs allegation against the defendant must Rrsi
be disposed Of ami certain Incidental inquiries with
respect 10 the rest The best way for consde raiion
viii be 10 take up these questions in the orr er nave
presented them The first question Is Has or has
Lot Edwin For est, since his marriage with Catha.
rIne n. Forrest committed adultery, is charged
In this acn0Dl Now, Gentlemen. IL IS concededthat
/ these parties were named IN England that they
came "a thus country, and resided here a number OF
together IN apparent harmony and peace thst
difficulties arose between them which led, practi.
cally, 10 separation. Out OF that has grown this
sult Anc this question which is pu. 10 vou IL the
question OF the plaintiff presenting Mr Forrest be-
/ fore THIS Court for the purpose of obtaining from
him divorce. The case, Gentlemen, Is some what
peculiar In ordinary trlas with respect 10 divorce,
mere Is tut side Of the quelton 10 be looked az
either the husband proceeds against the wife or the
wife nSt the husbar d, and there is only single
subject for inquiry but here from the very peculiar
mani e III WIN the matter presented, each party
charges The other with this CfeRse. Now, the legal
ffeCI of this IS that If on this evidence you sail
find both parties guilty OF adultery or ind 5oh IN
noceIt OF adultery, the law will leave them wheret
ENDS them Neither party is entitled 10 divorce as
against II oiher-the Law never grants divorces to
parties wien bCtn are guilty. Mr. Forrest puts IN
/ has allegation for the purpose OF setting up the
charge OF scuery as reason, that even II he has
been guilty. of acU'tery she IS no. entitled 70 yer
cIci, she 'Sie0 IN the same thing Although VII.
/ has not II his answer, claimed on his part d.
ycIce from ms wife. yet nave no doubt, uDoa the
basis OF this veIcct, l; II should be IA his favor IS
against her and he should be acquitted, he might
apply toitbe Court ara found clam for a divorce,
on the basis OF the verdict, so THAI virtually u IS
proceeding where each seeks divorce Ii Mrs.
Forrest Should succeed in sustaining her allegations
agalIs her husband. and be herself free, ehe would
be entitled to ask for divorce and the most lmp0r-
taBt consequence would he allowing almOny 10 her.
GeutltneI. this Sc Is very pc ullaT one IN many
other Tespt cislt ~ Truth involves the trial OF seve
raj distinct Of action. She charges MN with
/ atulely OF several different occasions. with
/ oihefeIt p6IsOns-hs allegation charges her
/ with adultery win SIX different Individuals
/ each Of them involving the necessity Of inquiry.
AHC II Is tbs cpnsll efdfIuG WnICh has gwen TSe 70
the ere at prOtr action of hs trial, making u the
longest hat ! nave ever neen concerned 10, either
- he bar or upon the bench You, Gentlemen, with
the IA osi perfect ana most exemplary patience have
paiC al sttntou 40 this case when Will en- >oe you
20 Cousi or the eylder with great elaboration and
20 cone % pru ent snt safe result IT'S not actse
! winch oeIenGs upon a minute examinAtlsR OF the
testimony, hut on The ctecibh:y non credlbility
OF the witnesses If It proves IN Mrs. Foues!
Az sct o. a,utery and the witnesses who have
/
| that II itey are Al. to be believed there can be
/ no lesscf able doubt az to the guilt OF both.
/ II eng, ii orefre. question Of credlbIy OF the
VIII esses that the Cciat feels called on 10 do,B
! g. safe e. you cC tain rules Og which you 90
| uCte az uey commend themselves 10 your good
s,nso) 90 II creriolh.y OF the witness So this
! Csc. ~hen cOme % try the charge az tiuss Mr.
Fouest, Gu come 10 he affirmative Of ms SUIT Mrs.
! For eSfs guit which IS to 20 proved and # the
test moHy aves II - reasonable doubt, you TO
say whittier the acts eOalaiIed IN the charges are
/ pfoSea. L. The next place re crence must Do had
H. the gCT6fsl nature OF the case, and to some
| CON an ING Circumstances IL lsa most extraordi-
uay case. Here ME two persOgs living together up
10 certain IeIilc IA an appaTeu. state Of affection
ard harmony, which Is suddenly interrupted by
tier charging each other with ac.s Of inhdelty. Ii
their mutual ale cations ani each other are ~ be
tab eL as proved A. appears Lnat both OF these per
! tons, ~ terror 10 the separation, lived IN most
! ahsncoHt mauuer-Nr. Forrest Tequenting houses
| of CERTAIN description Kept by enc Caroline lnger
/ sOll travelling about the country Win woman ap-
parent Ioi even taking The pans % conceal their
! Intercourse while hTs Forrest lived IN state
/ OF aduilerOus connection With various persons.
! And while all this Was gong on, II appears
! they were whiting tacn other letters. ~ the
/ most aftctlOua'e manner, As II there existed on
/ both SIDES eHtiTe purity Of life and this IS
! fact which has struck me with some sufprlse'
| Now. Oh therefore most eXirsOrdlDiIy case,
when II becomes subject - Observation AMI scrutl-
/ ny Thus is what ron called upon 10 try. We
/ have found here Gentlemen, duTlDg his TRIAL, t2at
u exc has bCtn created about this ise, not only ia
| this court room, but Ia the public atmosphere.
| feeling anc prejudice which are most dhngeIonsh
.nCic effect, upon the lst and proper 40 niIs'raiOn
of the laws. Oths toe press has ~ great degree
coutTIbuod, y spreading all the DETAILS before the
public. Tie Consequence las been that, III every
/ IaI ern or Ldr-ro0m, BARRIERS shop grocery 10 say
nothing o. every family every pace, IN fact, "here
/ newspapers circulate ihs matter has 0een mace
/ subec. Il constant Ilai. People have taken sides
uponIt ard Ieely expressed lneIr oplalons so thar
i would ne singular INDEED IL you. 10 have been
obliged T. live ~ he midst OF TINS cIscussion for
/ thirty days were not H. some cegree affected D. II.
here has been brought to my npGice 30 article 10
newspaper IA Nhch tne editor says " We unoer-
stand u al the jury have made 10 Their minds 70 90
c..tai, tEir g. as.dI a~ir -S.-.s. P~ss'~"'~s
manner Vhstncei, therefore. IL mere oI any iuI-
I ther Uia - Now, language Ike tha' CARES tIe
/ - ~, q, some nav some lntimat'On vas OBJ
aimed from some Juror Of the state OF iHnJ Oh 'ns
/ T,ry No. TIA. this IS false, cannot DOUBT am
- L. me-. itnn n n shnN tne extent 20 Nhlcn tns IN