The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-28

proof, because upon the proof You ere 70
cecde this matter and nes upon which coun-
sci may At to make, however positively they
made whatever the personal character o. the counsel
may be- There is another observation which wish to
make in this connection very often happens thai in
the particularly in trials Of this chArae
ter-tbat counsel will make cners to prove certain
alleged ac.s and make them in very broad and .srons
whether such offers be received. The Court Is often
biged TO say that they cannot be received aud Of
courre, they withdrawn Some people, thinking OF
this matter specifically may be impressed with the
idea that csunte have offered 10 prove important
fact and infer therefore that i true That is an in
thing has happened IN this case. The statements Of
both slices have been very positive throwing
sa,emsns, ana ia the course OF the trisi offers have
been sde both sides TO things which counsel
n they mad t " w prove csrs SI
slider all the facts in this case from the evi-
evidence that is actually before them Nov, stripping
the of all the considerations have named, and
which to be excluded entirety, the wh0le case re-
itself into his Here certain witnesses who
to show that she was in the habit visiting houses OF
i'll fame. Tn, witnesses, think all OF them, except
one, hsve been impeached. Testimony more or less
strong has been offered tending to mpeach them Tes-
tmony toe less strong has been offered to sus-
tain their testimony, as You may think proper TO
view it, There has been great variety Of other fasts
proved, some of them very triang indeed; such for
instance the attempts on the part Of this woman TO
dhguise hersef by wearing mourning or wearing two
then selves may may not influence your Judgment in
reference TO me msn question; but which may have
cons er them in connection with other facts. Taking
all these things into consideration, gentlemen, you
10 determine IBIS questionable you or do you not
has been given by these witnesses on the
part OF the paiutifs They are, understand them
this Carhart, Boone the yousg Ayers and Mr..
Clark Indeperden OF these four persons the testino
ny which has been given throug out this long !ia is
hsrcy rroooraYe but it is relevant to the suoect As
sinrn fts rnndnn
wish 10 remark here that nave excluded all
testimony in reference to the conduct Of this woman
She has committed adultery since her marriage II shis
woman had been of SO pure life previous to mar
ia her favor or If she mad ever led SO psd life during
the same 1t could not be given IN evidsss against her.
because no perton can come prspaTed to exp am n
against perscn of general bad character he cannot
in justice be called upon to answer particular
cannot be expected that he would be
prepared TO oefepd himself at all times against them 1t
il the die ale Of go sense fairness and justice to re-
quIre parties eebing divorces ihond be conoe1 10
ions which took place 70 theit mar
riage appears that the plaintiff in this case think,
in all OF 1853, visited by two members OF his
vestry aud they informed him Of ,rcums ances which
nc uced them 20 tina. he ought to separate himself
from tiis vomsn II sse are circumstances that we 60
not know we q. liber to consider them, be-
there If prof to sustain them whether tneso
representations facts rumors we do not
know. Something did fall from the lips OF one OF
tnese Witnesses that there we're rumore about the
OF this previous to the marriage What.
the purpose Of these rumor was 1t was very proper
mis- pam ,f should know them, and that he should
make inquiries and investigations as to their III, and
to her cJrduc since her marriage The jury cLunot
undertake justly aud reasonably to suppose that any
thing od tB place previous to marriage, which could
justly these changes or render probable the OF
the facts alleged This testimony was brought out by
the other side evidence having been
sdouc to show that tns panf endeavored to dissolve
the marriage between himself and wife from desire on
his psr get lid of her. because chs hal not brought
him as much property ne hs1 expected There WAS
tesrno Dy aoauced to show that he was oisap-
poin ed this account The whole thing ia very trng
ano Of AID will OF itself amount to little.
1t is right hat he should show aat the motive operating
in his mild honest desire to vrcicate his rights
rs busbarc, ans separate himself from woman who
might be supposed 10 be unworthy. You are bound in
charity believe that he proceeded in this case
IN good fs b, and that he had reason tor institute
ing his inqni les. In The course of the inquiries
which have taken pace there Is in my judgnaut
ground to hoT that this plaintiff desired to get rid OF
his wife Oh tie score OF disappointment
The learned Judge after commenting at some length
upon the credio y that shoull be attached to the tes
tmohy OF various Witnesses thai had been called By the
plaintiff and eeienosnt respectively in the case,
ciuced his charge substantially 10 the following Ian
grage-
You are NJ T. gentlemen to consider this matter and
take this paper With you al when you have made up
yCur MINDS to the result deliberations will
put 6Gwp, ans er to The various questions
tanned ~ either yes" or no" Your answer to the
first will be, Of course yes, which, being question of
marriage is net disputed As to tee sscond, which is
the great point OF CONTROVERSY yes OF according
ou consider the Teightiof evidence in:lines II you
to the conc,rsiou she has been guilty Of al
ey upon any TIE sccasiops spscited in the coc,-
plant your viii be Eyes II you have any Sc
ricus ccubts in regard to that question: you will say
mo-
The jury theu retired about 8 O'Clock P. NJ but not
having agreed hal past four O'CLOCK sealed verdict
ordered TO be returned in the morning At about six
O'Clock, we uncers and the jury he'd come to unan-
nous concpsdn but what tins verdict is we are unable
CT course, u