The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-25
PRICE TWO CENTS.


partes guilty OF adultery or find both innocent Of adui
terry. the law win leave them where it fods them
Neither party In entitled to divorcs against the
otherthe never grants divorces 20 gilty peoris
Mr. Forrest puts In his allegation for the purp ss
ting up the charge OF adultery a. reason, that
be has been gully OF adultery, the IL not entitled TO
verdict she failed in the thing II rs Forr-st
should succeed in sus aniuR her allegations against her
buhhand abe would be entitled to ask for divorce and
allowance Of almopy. Gentlemen, this case Ii
very peculiar one In many other rrsp"cst in truth in
wolves the trial eeveral causes Of action She
charges him with adultery several different occasions
With different rersors-hs allegation ohsrges her with
adultery with six different individuals esob th-m
vCving the necessity Of inquiry. You genlemen with
the most perfect and most exemplary pstiepcs hsve
raid 80 attention to this care which viii enable you
TO consider TIE evidence and 20 prudent and
ref' result u - not oase which depends upon mt
mute examination OF the tho testi incny. bu. tba
tfund for inssrce believe the testimony Of Doty tn.
proos are unouscsdy against Mr. Forrest III the tea
rory ~ AZ a Fowsra i - be relied the proofs
agnirt Mre Forrest as decidedly guilty of adultery All
tho witneesf therefore Who have rpskcu In respect 70
7, ore Of soch character that, II al e. be bs-
ievtd 10 rensorab'a dou6t would be let that these
charges nutus,y supported agaibst both parties
IL being, Therefore, question cf eredibity OF the
wtnesfes, all that the Court feels called on ts
do ia 10 state IN you certain rules by which you
uie to judge or they commend themselves to
ytur gccd senre) az the creaibl,tvof rhe witnsss.
So in this Gaze when u try the charge against
Mr. ForreFt, you cone 70 the affirmative of his suit
Mrs Fcrre.te guii which s to be proved and IL ths
testimony leaves u in nabe doubt you to say
ph'ther The facts ID the charges are proved
In the next place refer he hsd to the reneral
stances IL IL a most extraordinary cate. Here are
two persors living together 10 n certain period in
or pppuent s'nte Of affection ana harmony, wh,oh Is
.udesny interrupted by heu charging each othar
Tith ac's ~ inHdelty. II their mutual allegations
against each other 70 be taken proved appears
Tint both ot these PERSONS anterior to the apstion
LIVED IN mot abandoned mnurer-Nr Forres. fre-
Gutntirg houFer Of certain dccTiptinn kept by on.
ssroiire Ingerscl travelling sboot the souutry with
vfmRn apparently not taking the pains to con-
cesl their Btercourse while Forrest lived in state
Of sdulterous connecton with vsr'ous psrona, Aud
a "A q shuyu uw~tts
cRcb Other letters, in the most nfYeconats manner
Now Ia il not r-fore oase when II
hecomef evhjtctto nd scruDy' rbsis
you ore called upon to try. We have foua here gem
tlsmen, during this trial that there has been created
about this mo- Only in this rpo but in the
public atmofphrre feeling and prejudice which
mort Dangerous In thier pon inst and proper
adnni'is'ion Of ,be laws TO this, the press hs. in
great rrgsF hy spreading all ths details be-
rre the public The contrqueHce has beeu that in
every tavern or barroom barber, hnpevery plsee in
fact where rewsparera cifeuste this matter has
made "A tuhj.ct Of instant trial People have taken
tIrs upon IT, apd freely expressed their opnon that
it ~suld he sir guiar Indeed, IL sou who have been
obliged to live in the midst Of this drcnsson thirty
deys we're not in some degree affected by It, Well you
are called uron to decide this IN the Edt Of tho
greatert mnss ~ perjury on side the other that
have beforr witnessed while the bench or at
ths bsr. Let M here cay, that the evil which mus
cetfsriiy grow out Of the publication ofdeas OF trials e
the public mosa hope The Legislature of this State
WV % s'ra y a. hss diy 70 Par a. an 80. .h:
dsct.d by ID" courts II bas alwaysa tendency to
cae nr Otter does create, impression all
community faToisole or unfavorable to either OF the
parties Involved A. proof Of ths you canuo but have
seer yourselves gentlemen during the progress this
Trial that sroDg sensation has been felt through this
vi ole assembly fapptoba, loo disapprobation when
ary Iointrd or csutic renssk has been made by the
counsel o. ether s'de sba now proceed, continued
the learned judge TO call your attention to rules OF
evdeace in relation to tie credibty Of wit ns 1905 In
the Glst place there Is one kind Of testimony which
would crabe you to draw certain differences from II
cempcn rGyirg that citcumstnDtal proof ia offer
tfer in core cases than positive proof Poive proof
eh'n eEen ty an honest "tc'.s is entirely satifac-
ttry tut dshou,tt W;nr,r falsely in rela-
tcn To Gone circumttpcH aud escrps detection more
ea'ib than r. . pi do II ha rcd grove the guilt off
party ty c'cnm9aD'ia -vdeucs II eaay thing for
nsn osay mat pary tod tm q certain thing ct one
time Nov, Tint Is called positive evidence and
it is extremely difficult for . man To eus,d
sFSitst The evidence in this case, with one
or two exceptions lie cironmstsntial The testi-
incny If Doty with respect to the act of adusry hs
tween NJ Forrest and Miss Gluten snd the testimony
Il Anna Forers to the act OF adultery between Mrs
fdittt and Captain Howard, il believed would eavs no
Fu'' ~ either rsrty There three tes With regard
TO The cIcdoli,s ~ svd-rceir.t the probability of
the fact sworp to scoDd the general chsrBo.r of the
and third evidence containing contradictions
II Ilsiou t. the probability Of testimony the Judge
said tfat evidence surrounded by Improbable ccum
'anc'r thoud ~lways require strong proof to lead tho
mind TO b'eve iu n, truth The character of wit
n,es did net he said depend upon the opinion or
htsrfsy oi othrsr aud should not be considered
th'rky We vi Low. he continued that when man
= sn''y there grows up, In little while, general in
imm essicn 70 his conduct ard it ia that
which gives h. jury . proper opportunity Of Judy
irg hs character and seeing how Tar they may
place r.lancs upon his testimony. Some men
have spaheR of Mr. Doty, nanifc.tly from q mere
reronsl brovdse they have had II him in some traa-
.acops ard stat, that they would not believe him on
ytu. and rhovs that be Is acquainted VII b man and
bi. general standing in the community, and says he
In the evidence Of that witness rs affecting the
truth or creditty Of the person against whom he tss
times Thusit is that Whenever attempt Is made -
astne,s the counsel Of the party against whom
b tetifes ba, rht to enter into the question a. 70
lie character Of ruch witness by producing others on
The stand ard by this show the jury what ex.
l,t NJ can place reliance what he swears TO-
Then q nti' m.n, with respect to contradictions 1t 10
aTay, imPcrtaIt to lock at the whole evidence Whsn
q ran ctn,e uptn ths Eand, and sayr raw trans
aciitn vfe, 10 person Irerert, there Ia no
means of contradict,ng lin Tor ,hs psr.y saainst
whom he gives this .viderce cannot reply But
II ire jury be safi.dtd he has niads = false
statement, hs is unwtrtby Of csede nee In this
ne Titntr. IN the comnunity and where JON find
rain q orcumstances all leading to a certsia result
lcu bave 70 itquire has that witness been conrRdiced
~ sfy part of HI, testimony by that Of othersl rbe
1pogr n'Al spoke Of te testimony of Mrs Underwood
hfh Le ss0 "ss loug story consisting OF what drs
toir.T old and What 'te rad from others 1t is
'or iusinss ssd Le 70 sepsrats What che says from
fer GNr lnuEfsfge fcm that ubcn she has ooteiusd
n N y ~ Iorfed shd Others Tbe confessions or Mrs
i'tr'si sce ., the tGe u the regotistons about
1N4cs. could It. he said be psrntted 10 have euv
-iitc n ihsc a. iio- ci The He then proceeded
Srlsn re nature = tho casr nd The points In issue
between The pStes and ~ the hr-t poiat ne took nm
Ihst - tIe segs cfiUine between r For
'tst ai Wlss Jtpbina ior, - terrified c. by Doty He
tid not oonidtr It neeesssry attribute to Doty .f
rJury ir hs taien pn and reviewed that por VI
~iich there Nas contradiction OF dates in relation to
~ 'lsed act = nay board the stra nboat Al
nary Titse contradiction Of such nature that no
prudent jury could rely upon tbs ter timony The Judge
l reviewed the evidence Of Andrew jackson Allen In
tnton 20 ne be had observed to exist be-
wctD MES cntoD ard Mr. forrett at Norfolk Va when
hcy were on theatrical tour Of the country ii such
sste of hiugs stopped there he continued) the ury
YOU'D ha'e 10 coD'her, could they be reasonably ac-
eentrd ior Consistent with innocence of the parties,
sost people would nS!der that Il could while others
Woua nol That 10 could d. Passing then but keep
iig IN inind eth the facts testified to, you come
trsnac ion wbicn, perhaps Is not the in order OF
TINE Here the Ju6e. referred TO tho testimony o Dr.
bsskes describing The In The railroad and
ppe the opniop VI the witDss pon the OF ss
Con's illpef- that occasion This opinion I'd been
tontrs dcted by tho opinion f other medical witnesses
md should have weight with the jury. But leaving
these contradictions ssje (ssld The Judge) the fact
meins that there timscy existing between
tIs THAT certainly bs regarded