New-York daily tribune., 1854-07-10
LAW INTELLIGENCE
.nusr OF COMMON PLEAs-Before Judge IssAaasn
Walker sst waker.
TRIAL ron DIVORCE.

TRIAL foR DIVORCE.
In this cssc on Saturday Mr.. Jordan continued till
little time after ~ eees IN 81 n;s o' nS ae summing
arusve that the visits Of Mrs. Malcolm frequent
N The pson Of defendant, and contended that the tes
ouy taken with his own letters TO Col Bobo and other
;crmstasces conclusive 10 the correctness of the
hsreS s2ainst him. Mr. Jordan did press the charges
A to Ms Warner and Mrs Pel but though they bad been
good inter tons Of Mr. Walker As to Dr. Hsrtwe and Mrs
Wsron Mr. Jordan said the defendant made the charges
Wsrop and il for fe defense, and not for the plain
tiH " call them 90 the stand As 20 DR. Hsrwei Mr. u
couteDded, there not the slightest ground for The charge
nor there az ~ Senator Evans or the other peros she
rtood charged in regard to- As respects the letter wa
a ruee Of Mrs. Walker TO place where her husosna
could get end open it. and written wih view 70 eAee
his ieaousy and reclaim him, even at that tune from M
wanders and il had for the time being IFS effect lie
closed with some fine remarks as to the family OF Mrs W.
herse and 'tang tina, hsGs ns5 ony !" TINS SUIT Is 10
MI Judsou ia referring the charge related to Dr.
Hariwsi and the statement that he was seen walking
with Mrs W. stated, said that Miss Walker, sister Of
delsrian was of ha party Of fifteen which at Haps
web at that time. She was called TO the stand hls
trial and question asl ed her when che whispered to Mr.
Busted that she had only been called 70 certify 10
barfwring and the question was withdrawn Had there
been any improperly that occasion, said Mr. Judsoa
between DIR. Usftwe and Mrs. Walker, that sharp inel
gent woman the sister, would have noticed it, and we
should have he'd her testimony the trial u relation to It
but in truth, said Mr.. J there was no such improper
conduct as wa charged. c.n
Mr.. Jordan, during the summing up, spoke in high terms
Of Mr.. Paep the father of Mrs. Wnlker and the uniyer
sal respect which fch for him Although he T. i rue
as has been stated now wealthy, his wealth has bc3n
smessed ly industry and integrity, but the time wa GU his
sior in life. when edF9Vo the broad axe snip Gq.dlng
&c per month Mr. jordan also spoke OF alr alkers
father who he said referred tom NJ Walkers
letters, and wealthy, bat whom Mr. W dr not speak
of IN equal terms. Mr.. Walkers father resided, we
understand, at Iopehaia Me- lie died while Mr. elker
wss In Eldridce.st prison. and devi1ed Sir. Walkers
share Of bis os:aeabout Sl00oO-o Mr. Walkers three
,bildren Little c;y;s row with their mother Mrs WI
Inl f.l.xy flio IN n4
first question they consider is 10 residence. In
der susain the suit, Mr Walker must have been resi-
which gives the wife light. II he not, then the
question il the wife residents if she was she has
right bring he suit, but must not be tempora-
ry residence made for tho purpose OF bringing suit for
.hyoce, but an intention OF permanent residence IL ne
rcded in N4wJersey at the time OF his arrest; and dd not
locate in New ork after s discharge he was not resi-
dept II peher Of them was resident under the role,
then the uit DC sustained and win be question
or HE Jury under the residence es to the question Of res
depce.
The Judge said if they consider that there resideaee
then they viii consider the charges on either side Ii he
charges his part have been proven becausef they
however guilty may have been she maintain the
su The udge alluded ~ the fact that o The charges
as to Mrs. W at in relation to Mr Evans has been de-
MED by hi-as nso have the charges asnnst Walker,
Which said to have occurred within the jill been so
by flc parties charged but the testimony OF dls;norcstcd
wstsses must first he taken, the jury always taking Into
consideration the character and standing OF the witseSes
A, TO te earge ag gausi Mr. W in Merce,s the jury
be satisfied occurred at the No charged in the complaint
The Judge referred TO The various points of the testimony
TO Mereers the Jury consider that at The pariicu-
lar house mentioned in the complaint, Al married man
PEI ns himself TO DO locked Hp in with
not his wife, and they had slept there the law viii pre-
sumo that the charge Of indey has been sustained as
circumstances the principal mode by which charge
of the kind can be supported the confessions even OF de-
fendant himself not being admitted in evidence As'othe
allegation Of nfdeiity Grund and Mercer
s's, there is proof in evidence that can sustain the
charge In respect TO the question OF codonaton or for
gyenoss if the Jury believe the ocnso allegodin Mercer
ef hud hqr
etherh Mrs Walker at the time Of her being here shortly
aerward had knowledge that such oonse had been al
legged oganst him. and That she forgave hn II So she
cannot maintain the charge as sband or wife, haV-
inc knowledge of mpropricy of the kind ai'erward re-
sides with e offending party is cononaDce or for
giyeness and suit cannot be entered on that for divorce
unless the porty subsequently oncnds "a tniar way as
the other persons when the forgiveness OF he
first ceases 10 have effect The evidence that MR. alker
forcas Mr. Walker consists altogether IN the testimony
of John w Hull whose character for truth aud yeracity
has been mpeached and witnesses brought up on the
other sile in his behalf sustain his claracer--s.il
that does not destroy lie testimony but must be weighed
by circumstances and the Jury can give such weight as
ey may consider il entitled to- As TO the charge IN re-
spsct Mr. Evans il rests wholly upon tho testimony oil
he witness Pierce His character has been npeachedo on
bepst of paintgand counter testimony offered III rs sup
port. In respect 10 the charge as to Dr. rtwe testimony
Of meIe mpudeRce the part OF an indiNidla Is h"
sufficient TO sustain allegation OF nhdely 1he jury
nust believe there has been actual guilt As TO the letter
70 Mrs. Waldron /. is say the least, from married
woman, an unfortunate and unhappy letter The Jury
will give such weight as they may consider deservngo OIL
The Judge alluded TO the various points, Inc jury re-
tired at % minutes OF o'clock.
The Jury came into Court about O'Clock, when The
Foreman mr. Marsh stated that they bad not agreed but
that he was requested by Of the Jurors TO ask further
information in regard TO the term confinement, aud
whether in the event of forgiveness subsequen: act OF
ipdejiy On his part revived her eaim against bun on the
6st. The Court replied in the affirmative lAe Juror
wished 10 know IL there could be condonenent without
ihtir residing together. The Judge said the Jury need
not give Themselves any trouble iii respect 10 that a. 1t
vas admitted that they had resided together during her
Wait the prison. The question would be whether she
had knowledge at the time Of any previous mproPrety
on his part. The Jury then retired.
In about hour they were again brought INTO 'Cour
when te foreman said they lad not agreed nor was 'here
any prospect of their aggceing The Jucge snd he was
SONY for IL they had all tho evidence before tem ana
was one Of those cases that ought be decided the first
trial asn important 10 the pubhc and To the pares
that much time should not he lost and he could not
discharge hem He would afford them every ,mormaI"n
in his psyer but it proper they should he kept to-
ce,ler. Hcwoud direct that proper refreslnent be ur
phed ile, and when they lac agreodupon they
could seal and bring III on Monday morning. One OK
Others % the Jurors spoke-sad was Impossible Tor
tcm 10 agroe and complained considering the length OF
time hey ae already sat and te heat OF the weather that
ihey should b. kept longer together ~
Mr. Buseed conversed' privately with Nessrs. Mar.!n
aud Smith and was about making proposition. The
Sndge said hecoud not discharge the Jury without the
of both parties, aud lac would not q; present ask
tha, TIe Jury asked to be permitted to have te
au,te willing to allow but Mr. Busoo5 said, witdae
ressct he did not know ho his Honor kept his nc:e baf
lie ,css willing that the Jury should take LIS notes ari
tosoof brother Mar.n This the Court did not appear to
again retired tho .S,ee repeating that when they had
agreed they could sea- their verdict One or TWO ei iae
arors by the way of showing the prospect sa 10 tue
Judge Good night Inc Cour sun eo,iiuv COZ an,, - nI
other relatives being y>essnt. as also Mr. Walker aaH
some friends and quite large number of spectators