, 1860-11-21

p.'letl to do; he separated her from lin; re-
turned her to her friends, and instituted suit
for dirorrc.: If in that moment Of agony, ho
had shot the destroyer Of his family, the world
would hare app1auded and justified the act,
and If on trial Tor TINT you could not have
Eclpcl but to acquit him. But the question
you, ar. now to try is merely whether LIE Is en-
titled 10 that separation fur her who has dis
tar.Eed his bed. :
Of. .l:ltcfy was punished with death. The 6.
verify Of the punishment f1s been mitisatet,
bat every Law and the sentiment Of every ciEI-
li=ed community Is that such man Is not
compelled to live with al adnltercs5 as bis
companion. This sacred instinct nniulates the
toeom Of every man.
The evidence which we shall give to you is
that:usunlly produced In thfs class Of cases :;
the testimony Of. those knowing the circum-
stances during the happening OF these escnts.
Some of the Witnesses nre rclntiyes. It Ia
our painful duty to allthe.u. Your duty will
BE- to scrutinizc the evidence with solemn
care. Int, remember one thing, that the
crime Of adultery Is peculiarly one Of darkness
mad oa5cnflty. Both take pains to conceal the
Flow, then, IS It TO be proved? Only By those
circumstances which generally accompany the
act. To require positive proof would be to
deny trial. But there nre generally circum-
s:ances which punt at tie commission of Huch
act clearly as il It was presented boldly to
oar gaze
Three elements enter into these circuustan-
ces: First, disposition Of one to commit the
crime; second, disposition Of the other to
court the crime; third, the opportunity
Where thcsc three elements concur, the con-
clusion is the thing was done. would not
claim that n single Instance Of suspicious posi-
tiou with lcr paramour would prove adnltry.
Gut when incidents cover wide space and
abundant opportunities, no one can resist the
conclusion which will be forced upon him.
The whole body Of circumstances must be ta-
ken together. You are not at liberty to take
each circumstance, isolatcd aud alone, and con-
slider it by itself; but to consider them in their
combination. The time and place are not re-
quircd By the lar to be proven, but the cir
cumetauces are to be looked ut as whole. =.
There ia another class OF circumstances, the
confessions made by this woman at different
times, which are entirely CONCLUSIVE Of this
matter But, irrespective 0f these, no mind
ean resist the fprcc Of the circumstances that
will be produced against her upon this trial !;
and n" genius or cloqnence can break down
the force Of these damning circumstances >.
We ask not tl,at you should look with dis
flyor uron: hlrs. Burci. We would not dis
tnrb the current Of that sympathy 70 honora-
bls. to orr human nature; We only ask that
tl:at sympathy may not blind your Judgment.
This NC have i right to demand Of You.
For myself l can say, personally, this ID tic
perform in my Who'll. life; but it Is a duty, and
will perform it. 1ask you, MISC, TO look at it
A. i duty which is thrown upon you. ask
you 10 perform it as honest men with unpreju-
diced minds, and allow the evidence to weigh
in your minds as 1t should weigh In every
other case. And when you conc to deliberate
tliscuss fully. Do not allow prejudice TO dis
tar', your Judgment, or tha operation Of your
minds; but pronounce that decision which
.vonr Judgment dictates, and we shall be salts
6ed.
ME. BECKWITI1's OPENING.
1ie. BEcaY1ru Of tho jury, I
have been charged with the important, md to
me almost fearful responsibility, Of stating to
you the defendants case. That duty, rs you
must he aware, is singularly delicate one.
Ny duty to my client requires that ! should
state to son what she expects to prove upon
the trial Ny duty to you, gentlemen, requires
tcring upon The discharge Of that duty, con-
iininS myself within the limits have men
toned, l feel that but half the story Of this
lady's wrongs ean be told. No human eye,
tase her own and that Of her persecutor, has
ever witnessed halr-a tithe-tLc wrongs this
Hu1OELuu1LC Nulia&l llAS huHEIEU- 4Nu OuE,
save herself and her God has been cognlxant
Of the anguish Of heart aud the utter desola-
ton which has visited her home for years.
The Issue is whether this lady has been nn-
faithful TO her marriage voWs, with one David
Stuart, rs the bill charges, and the question
Of any act Of imprudence with Mr. Boyd is not
before you.
In arriving at the valuc Of tile circumstance,
It viii ba uteCssary to cutcr somewhat intu
the details Of the evidence to be presented be-
fore you. And think may sur that when
you become acquainted with the manner il,
whien these confessions, of which the rounscl
has spoken, were Wrung from this woman
with ths most solemn ASSURANCES that: they
would never be publfshed. no cloquence, nc
genius can break the force uf those circnm
stances. Tn the year 1913 these PARTIES were
married She IVES twenty years Of arc, tue
idol Of her family, and surrounded with every
comfort and even luxury that kind care cousd
provide. Thu first thing We notice Is t!se
dishonosable manner in. which llc gained her
This maa, soliciting the privilege Of paying
his attentions to the lady, was by her guardian
refused. LII dishouorable way ginning hel
Affections. her friends consulted what theJ
deemed her true happiness; allowed the mar
riaec, aud loaded them with solid tokens ot
kindness.
What wns tho motive moving him to seek
her hand in this clandcstinc way Not loyt
married life. At that time money was his
Idol, and since that time the greed Of coyet'
business has grown n}on him. Pride, vanity :
hypocris: followed in its train and took tht
placc Of that love 1ic had pledged to her belot
his God when he welded her at the altar. .
Absorbed and governed hy the passion O.
covctouenesa, he cyen sought for more, ant
difficulties In the business relations bctweet
the Partners Of Mr. Corning and hfmse1f.arf
Sing, ha tatued against thoEe who had aidce
him, supplied him, male him, saved him oycl
and over a.:ain, md heaped the cbnllition o
his feeling upon his wretchcd wife. 1t is sait
he has been successful in business. How
rendered by the friends Of Lis wife, will no
now enter upon. :: :
| said these passions had cxtinguishcd tfit
lore for his wife. True, he made 4 display It
the public Of generosity and kindness; ; ant
| while doing tlts, this poor woman was q
| home In tears, III consequence Of his haTsl
md unkind language, often obliged to leav'
| the table TO hide the rising te11s.
Sill shcsutFcrca, and he, dcsirous Of kecpin:
| up appearances, Introduces a{r. David Stuar
| to his house, one long known to him. who's
/ acquaintance WAS cultivated by him. Mr. Stu
| art was Attorney Of the III. Central Railroad
and how far au eye to the deposits ut his Daul
| may hare affected him viii not taJ.-
He tr,nsfe5red lis own professional busl
! Of others for him. lie led his wife TO helicy
MT; stuart lis most intimate friend
| Wc SUI SEE, Thne tl4s vas gong On. IN
jealousy o. 'h's man. we nnd MN gong s. $:
sfctly ana ciandcshnely to TIC servants OF d
| honse, in.Ns1ns among them suspicious as |
their mistress. NO words can TerEfB tue nttc
dciestation nf that conduct. No plan had "
urged BY himself kept On: still With ther
this Jealousy Kept pace In an untortunat