The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-28
THE cox DIVORCE CASE.
Superior Court.
Before Chief Justice Oakley.
THE JUDGES CHARGE.


witness the termination of the suit The greatest order
vas observed throughout trial. and owing to the ad nj
rabs by Mr. Acker chief officer Of the
Court and his assistant James Ryan, and Won. Busted
of the police all persons whose duty called them to the
Court founa difficulty in gaining access the-eto, al
thoush the common dodge of claiming be reporter
v.s rssorted to by hundreds generally without of
feet AT the sit ing of the Court Mr.. SchAer proceeded
to su up the part Of the plaintiff aud in conclu.ion
sae-I appear before you my friend tanced he did
plead the cause your wives and daughters; bat
csanot plead for unbridsd license would tnis
coed city OF New York like Eastern cities
place OF upbridied license, where wives and daug,
tiers may obey the dictates of lust without ques
ton being asked violate the duties that bind
together q holy and happy union and thus convert
this city into which the righteous Judgments
is entail to the prosperity of the State that domes
TIC lie should retain It's purity for society Is but
the aggregate OF the individual families OF the land Duty
to ns country that love requires at hands that
We should MT heitae, upon all proper and imp ,rant
estic irsiitprons nat the face OF the earth ever wit
messed therefore leave this Id your hands gen.
t'ener lcsnnot iusgi reason for repro ch against
my client l. is that comments itself TO he Judg
ment the sympa HES snd The heart OF an and
upright jury l. is case sustained BY compstsn. evi-
csLce-by full evidence It's case that has not ben
Eet II is a waich conscience and Judgment can
rest aud WI posture when, fcem me lips OF him
cic toat 7esto this which he was before
his cquartsnce wish this unhappy woman commenced.
JUDGE oAKLEY's CHARGE.
with this case, to you the bearing upoa it
before it is glvea 10 YOU Tor final decision My charge
will b. very orie. l. IS involving very little mat
tee OF Jaw il will be necessary Zoe the Court to ia
struct you cny Ia nat respect The mere questions OF
tact copDecteG with mis- belong exclusively to the
decision OF the jury. AL the Court DO TO aid you in
this matter viii call your ten ion TO the issues
which tue nave framed with such remarks upon
the character And OF the evidence generally as
vll ersoe you judge more understar dingy OF the
efe:t OF the testimony than you otherwise might do
Tnis is bull o. Act a or wnatever you choose 70 cali IL
brought o. al4tf for Inc purpose OF oissolyl1g
the marriage between amsel, and his wife, In oroer 10
tAt il is tary that ne should establish hrst and
chiefly a-lltey and tnen, if he succeeds in
Going that ills thai certain her things should
be zone In enable Curt to grant decree
Tor civo-ce founded upon tao hncing OF tbs Jiry
IL l. ususly necessary OF this kind where Ger
tar issues by order the Court TO given
to the iaiy, 10 require their part Tney
have read 10 toe opening or this and VIII
re,e. 70 them again IN order th. you may see Their
The first il, whether or not
the Tiff IN this is married t. this defendant as
is alleged n he paiat Aoou this There 10 no ques
top. Bota parties accede the fact chat the marriage
toek place between the parties As is alleged The second
aLd ,hipk il Is the msia one-sheher the De-
facsJ, Committed acultery ana has had carnal con-
rsction persons is alleged in the m
plant rst whether she has committed adultery gene
rally apeskiDg, whe her she mas committed the acul
ter wnica he siouh has seen ut to charge against
her Tntn follow thee oh-r issues whether or not five
years have elapsed the plaintiff discovered these
alleged soulte1es; whether or not the plaintiff IS co.
hAtied de enos mt ater he knew the fact OF
Adu 1y-fo does that he waves his legal rgat
TO enc divorce that ground; and whether
net sucn acui cry was committed by the defend
ant with consent and c,rnivance OF the plaid
tiff L he she connives at it. the law debars the
patty suerg for Civ These three last issues
are anitesily found in the negative because, in
regard t. the hrs five have elapsed certainty
the marriage VI the Plaintiff TO the defendant 10
rsgstc the second there IL no nat The plain
tiff coha biteo with the defendant his wifs,
the .eparstion tat place December 1888; aad,
In r.sso the thro there evidences to show that
the ssotif this connived the ale ed mis-
corCust Ct his wife. As these things, gentlemen,
the dihcuty presented Tbs first issue, as 70 the
nu.,n Of the marriage OF the parties is admitted and
~ ties Guwu Ia
a. 70 whether The adultery has been commi.ted as is
c'afgeG tie Complaint. Ihe adultery is cha ged in
tt conn LIANT in forms. In the first place, the
charge aulery is set forth, it usual these cases
u,on information and lief because it rarely
happens that plaintiff sueing for divorce, whether
husband wife, has any personal knowledge OF the
upon which be or she may proceed The party is in
true, and be or she POUNDS his her
iaint upon that information or belief The
complaint ia this sets forth the adlle les having
been committed with four individuals specifying names
times and places First with Mr.. Ghoo y, Who il charged
with having, en- several OCCASIONS com united adultery
with the defene ant. Then came DIVER Poec and Shaw
AL these men are nsmed as persons with whom toe de-
fencant committed adu cry 1t Is sufficient to sha
there not the slightest evidence to su 2poft OF these
charges These hsve not been named 10 seton
with her in possible way showing any to
suspect that any improper conduct could taken
place between her ard ther Of these parties OF
these issues thrown OF the question. Then
core the which give the difficulties 10 this
case The complaint gees on after specifying four
persons having ccmmitted acultey With he's aud sets
form seven places Ia which this offence was nj eye to
Eave been committed. The law permits the plaintiff to
set forth the tact o adultery without flying the per-
sors with whom it committed, bat Il cannot set it
forth without specifying some time, place and cir
cums,an,e connected with 1T, with reasonable GER
fanny. If 10 informed and believes thai
s1uly has been committed, and brings in plant
founded upon IL a infor nation and belief ne have
reference TO some particular time, place and orcum
&C. justice to the defendant requires tnat
rs or she az the case may be- shouic never be called
to general charge Of This character, 1t
p.epsred to explsin every &C. Of his or her life It
quite clear that in specifying this charge of adultery
without specifying tae persons With whom it vas SON.
milted, that the specification should forth with
reasonable certainty the time place and crca Instances
under which 1t took place. Now, this complaint does
that claims to have done it reference to par
tcular places In ms first place it charges that adultery
committed by the defendant ming it in general
terms the of Houston and Mercer streets and
IN place it alleged to have been commit
ted at the aouse OF Mary Gallagher, in Wooster strest-
thee being o number to the house In the third place.
il waa alleged to have beeo committed a. No 224 vsric
in the f9urth place at No 60 Wooster street; 10
the 9TH place, at No. SO West Thirty sixth street.
which / understand to be the place where these
parties resicsd before heir separation in the sixth
placs, at houie in Amity street, between Mercer
ar5 Creme stl aud in the seventh place ct No IS
s.. Msrk space where, understand this resided
u 1854. great deal Of evidence has been given as 10
The plant, that No. So Wooster street is not
toned IN the complaint all The counsel bota sides
have gone and tried the ma ter as II The adultery
charged to have taken place at that NUMBER. II this
matter had been brought TO my attention earlier in toe
pogress uf the trial. should have excluded oil that Kind
81 evidence rbis gentlemen the character Of the s
vhich you now to try. The evidence. you VIII
perceive respects these various places namsd what
the calls circumsrantal evidence No witness has
been called who pretended anything 10 relation to
sny adultery committed by this woman but the
plaintiff has simply attempted trace her Various
cccasons tnese houses OF i'll fame The ground Of the
pain i'll IL, ana the legitimate Inference he draws
rom fact OF her wishing these houses of i'll fame is
that she went there for the purpose Of prostutng her
SELF tbess occaaions. That gentlemen, Is ie-
ultimate Kind of proof, undoubtedly, because, in
offences OF this klnd, there be scarcely
any Greet evidence Of the TACT and the Court and jury
must rely upon circumstsnual evidence. II ia npor-
han Utu Ia sprz and oh AR
the rules Of Law, well gooc sense absh in
ference the effect ana operation OF TINS kni Of EVIL
deuce In the first place, every man woman is pre-
sun ed to be innocent until his her guilt established
The law as well Christian cnsrity tell TO do that
90 undou otealy duty is hrs TO ascertain with
iaoty what circu instances proved and then
ourselves this question-cas these circumstances be