Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-06-20

survive Tor many years, and die in the
full enjoyment Of her mental faculties.
Nv.
Many witnesses were examined for
the prosecution. 1t was proved that
the defendant was a gross and brutal
man. and cruel husband; that he had
frequently abused his wife without a
cause: that he had deprived her ol
food for days together; thst he had
compelled her TO leave her bed al
midnight. and stable with his horse;
that he had turned her out Of doors
In midwinter. and kept her in the
snow and storm ill nearly persisted;
that he had threatened her life With
poison. and obliged her to eat food oI
his own preparation; and. within few
days that he had beaten her until her
flesh was bruised and lacerated.
Mr.. Ne,herow declined . cross-ex-
animation. ! was surprised that he
made no effort to explain or palliatc
the Iacls established. I was yet more
surprised that he permitted NO 70 In
terr,gate, and the Witnesses to testify,
without interruption. Nor could !
plo evoke word from him. though ]
went purposely bevond the case, and
proved that the defendant was q dan
gerous citizen. suspected Of toryism in
the Revolution, Of adulterous inter
course with Eleanor Pilkay. md oI
perjury to avoid taxation.
But when l had closed my exemi'
nation. Mr.. Neiherow moved q dis
missal Of the complaint. on the ground
that the evidence adduced was insult
dcient TO sustain the charge under the
Common law. In support Of this mo-
,ion. he read numerous authorities. 4
show that man was justified In chas
tising bis wife with the same degree o.
moderation that he did his child oI
apprentices; and argued that there Wa
no evidence 10 convict the defendant
Of having transcended this limit In any
particular.
The effect OF this reasoning wal
clearly foreshadowed in the counse'
nance Of the justice. who, lattered BY
the presence Of a lawyer so distin'
guished. was almost impatient to graf
ify their common sel6shness, at the
expense Of helpless humanity.
In reply, l drst examined the evi
dsnce In each Of the cases cited BY
Mr.. Ne,herow. and compared the facts
with those under consideration. Next
| described the nature Of the mar
riage contract. the d uties Of the hus.
band. and rights OF the wife. on the
broad ground Of moral and socia
equality. After which, I animadver'
ted upon the connubial treatment oI
the defendant. in such unmeasured
terms as made him seem. to all pies
ent. a human monster.
Had | paused here, II Is possible
should have succeeded. But in the
excitement Of the moment / attacked
the Common law. and characterized d
that portion which gives the husband
so much power over the liberty and
person Of his wife. as relic Of feudal
barbarism. unworthy Of an enlighten-
ed age. and degrading to a free people
And this leading my thoughts to the
suspicion Of toryism. could not fore.
go The malicious pleasure Of a sarcasm,
such as might be indulged by the son
ofa soldier Of the Revolution.
Now. It so happened that the jus.
tice. some twenty years before, had
been a magistrate under the crown,
and that he still entertained a pro.
found respect for this boassed bulwark
Of bis native country. Besides. lie too
bad fallen under the suspicion OF tory.
ism, and the gibe l indulged. apply
Ing with equal force 10 himself. he
was greatly. though inwardly offend
cd. And. In my opinion, these triflinp
excesses. especially the latter. had 4
greater influence in the forming oi hi'
decision, than either the facts Of th,
case or the arguments Of counsel.
v.
So soon as the decision was an
nounccd. the defendant stood up. re-
oiced and ranoorous, Fand drawing
from his pocket long leathern purse
counted down upon the table City ,lol
lars In English coin. one piece upoI
another. and pushed the pile towars
Mr.. Ne,herow; apd have no doub
from what followed, that the time ant
amount not only. but the exact man
ner Of the payment also. were eprc,lous
ly arranged.
Mr.. Netherow trans ferred the coll
TO his open palm, and then holding !
out toward mo. said, with m alr 0
mingled triumph aud contemp,
"Young man, behold You shak
the bush. but catch the game"
My frst impulse was TO strIke NJ
hls hand. and scatter the pieces amonI
the indignant spectators; II was wha
he deserved; but II would not hav
been as prudent as the course ! pul
sued.
"Mr. Ncthercw,"l replied, unde
the influence Of sudden happ,
thought. you are mistaken. Thu
far have succeeded beyond my ez
pectations."
"success, indeedl" he exclaimed
with a smile. "WhAt do you mean?
"You do well to inquire" ! M
swered. "This suit IL but q prelim
nary"
"Hai ha! hal" But the laugh wa
scarcely genuine. "What next?"
20. you thought. no doubt" ] rs
: piled. with an accent OF disdain. an
possibly sneer. "that the silent cor
tempt with which you treated my Q,
animation, would at the same momer
elevate you. and degrade me, In II
estimation Of the Witnesses. But
/. would have been much better for yor
r client. In several important. respect
!. had you objected to such::testimony {
q was not pertinent"
q ITO what end?" he inquired: smi
D inc again. "Did I not succeed? VIII