The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-10
1ne walker DavuEvc Uasc~ -HOn- A xrccmenS
and Disoharxo or the Jary.
COMMON PLEAs--PARr n.

9me WALKER DavurUc Casc Nom xrcemen<
and Discharge OF tho Jsry.
COMMON PLEAs-PARr n.
CATHERINE r. P. wALKER, sY HER EAxr FRnfSD,
0HRIsrrAE Q. SLOANE, vs.. wrLpEs r. wALkas.
Before Hon. Judge Ingraham.
snTKxNrH DAY.
JULY 8.-The court room was very crowded this
morning. for It wss understood that this interesting
and protracted trial would be concluded TO- day.
The counsel finished tho summing up about twelve
O'Clock, after which His Honor Judge Ingraham de-
livered the following
thru, gentlemen Of the jury, may congratu-
late yoa upon the prospect which now presents IL
seh Of the speedy termination Of this case. which
has already occupied your attention 90 long; L has
been heightened and pr0tractei far beyond the ex-
pectations OF any person, certainly OF yourselves,
and II ! had supposed that II would have extended
to this time, would not have been made party to
IT, Among the variety Of that fall t0 the lot
Of court to discharge. none within nay knowledge
presents to jury the decision OF such an unpleasant
question that class to which this case be0ngs 1t
Involves not only the happiness the interests aud
character Of the parties Themselves but of Others
In this IL reaches to their children nor doe, it
stop there-ts effects extend to the character Of in
dividusls who have been before you a. witnesses,
both in regard to the degree of credit and veracity
the honesty Of purpose by which they were actuated
In all its details IL presents an unpleasant duty,
and ! doubt not that it viii be discharged. BY
you with that fearessness and justice which
become jury, and which I have every reason to
believe, from your attention to the case it will re-
ceive at your hands, There several questions Of
preliminary character which You must dispose Of
First In regard to the residence of the plaintiff and
her consequent right to bring action Of this kind
In this State The law Of New York. In allowing an
action for adultery, confines the right to bring that
Of this State or who resided here at the time Of the
commencement Of the action. Il Is not necessary
In this case that the plaintiff In her own person,
should have been an inhabitant Of this State. You
sented with two questions, one Of which you must
find In the affirm ative-ether the plaintiff was an
inhabtant Of this State in her own right that Of
her husband, or she was an actual resident here at
the commencement of this action. II her husband
was inhabtant Of this State previous to tho COM
mencement Of this suit it was immaterial whether
she was or not-her right would follow that
Of her husband: wherever his domi ;ile was, there
that am compelled to submit to you for decision,
and IS It is matter Of face, It must be decided
by tho jury. On the part Of the defendant 1t IL in
found in New Brunswick, in New Jersey; that be
had previous to that time, been living there with
his wife; that he had hired the house and COM
nenced preparations for inhabiting it, by buying
be had lsase Of. At this time be was arrested by
the Sheriff. brought to this city, put in jail, and
there confined nom the year 1860 to the winter Of
1853. II at this time he was . resident Of New
Jersey, his being taken therefrom BY force and
being placed in jail In this State was no change
Of residence; wherever his residence was at the
time Of his arros, there, 20 far as the imprisonment
remain. But, in opposition to this main fact there
ia testimony which warrants you in taking con-
Trajectory view you gee at. After his arrest he
abandoned his house in New Jersey, the lease was
surrendered the rent paid the furniture taken here,
and the arrangements for continuing that house
keeping were abandoned He wrote letters to his
wife upon the subject of change OF residence upon
Ssd ~sn letters to m been matter o
discussion between them-both hal intimated do.
aire which was expressedly one or the other Of
taking up residence in the city, as we'll % that Of
Mr.. Walker Of returning to his residence In New
Jersey, previous to the commencement Of this suit
in February Of 1854. The letter Of Mr.. Walker
has been read to you, in which he states his
residence to be in this state; and you will bear In
from custody; that he had then remained In this
city two months. and during that time had been Q
resident, 30 far - actual occupancy may be called
among which was that one referring to this city as
his residence There s another piece Of testimony
an agreement drawn up by himself. in which he
describes himself - being New Yorker. These
in opposition to the fact have first referred to In
regard to his original residence in New Jersey. II
he was resident Of that State the fact must be de-
cided by you whether he was or not. II you Hnd
an inhabitant Of New York, then the right Of his
wife would follow, and she would also become an
inhabitant Of this State But our law provides that
even although the husband Be not an inhsbitant Of
this State, II the wife Is actual resident at the
commencement Of the action, she may institute the
suit This presents another fact--tne intention Of
Mrs. Walker to 60 to Brooklyn. She came here in
niture with her; she engaged lodgings IN Brooiiyn
as transient b0arder, and subsequently signifed
her intention to remain some time-what her mo-
tives were are not disclosed. That arrangement
was continued for some time, and was Afterwards
changed by other arrangements between Mr.. Yale and
herself. She wished 70 have her board In private.
Something has been said about her children being
sent to school, but there s evidence Of that fact
except that they were seen going out In the morn
ing and returning with books, which Is not very ms
terial to the case. From September till the COM
mencement Of this suit Mrs. Walker remained In oc-
cred in opposition, even II the husband should be
regarded a. q resident Of New Jersey. II these
facts satisfy your mind Of the intention Of Mrs.
Walker to leave her former place Of abode and make
her to maintain the action. By residence. gentle
men, think It necessary that should say to you,
IL not meant mere coming into State for the pur
pose Of obtaining divorce. without any intention to
remaining. Il requires the intention to remain
70 make il permanent place Of abode, and
there must be that determination on the part
Of the person coming here to make IL . per.
manent residence In the eye Of the Law, there mast
dLrO Ut 6u iutcukOu 70 dU8U uOu tne IOFmer resi-
derce, with the act Itself. These are all the re-
marks ] think II necessary to make In reference to
this question: II you should fud taat either OF these
parties WAS RESIDENT, then you will have to ex-
anime whether any adultery has been committed.
The charge Of Mrs. Walker Is that Of adultery com.
mitted on various occasions and I think IL would
be better for you, in the few remarks intesd to
make in regard to the rules OF law that / should
take MP the history Of these transactions IN their
chronological order. The first transaction OF an
adaiterous nature Is alleged to have been committed
out Of prison. They naturally, however, condne
themselves TO these two charges-the transactioos
In ard out Of prison. Upon the day Of Mr.. Walkers
arrest he brought to the city Of New York, and
arrived about 10 in the evening. His first visit to
any house was to that Of friend on the Fourth
avenue, in the neighboraood Of Twenty-eighth
street, for the purpose Of getting bail. Having
failed in procuring bail there, he was next
taken BY Cunningham and Hagan to Q