The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-29
THE BEARDsLsY DIVORCE CASE.
Kisg's Co~nSy Circuit Court.
Before the Hon. Judge Lost.

THE BEARDSLkY UlVVkCk CA66s
KiDgs Co~nty Circuit Court.
Before the Hon. Judge Lott
snm DAY.
Nov. Is tho court met n ten O'Clock this morning,
and the interest was unsbAted. The court room
crowded 81 an early hour by anxious spectators dos,reu
u bearing tho judges charge.
Previous 70 the delivery Of the charge,
Mr. Busteed informed the Court that he had been called
upon bye oizen Of this county 70 ask him x auatssd)
to the expressions he had made in hs ooslng
speech in retereace 70 Mrs. Tice being the paranou d
one Of The council for the defendant In thh cass was
undetood that the citizen had called Mr. Basteed d
the request Of NJ. TOE himself
M Court have no power TO interfere with counoA
Mr. Bustesd-rners ID not one word Of truth In the ~
Mr. shaifsr-rheo / nave dose my duty, and stau
mot be ans the bat leave Thu
man (nr Basaeed) 70 husband Of the slandered
man II b had said 20 Of my wife.
Mr.. Buileed--ohi ] an not afraid OF either yea o.
The Cour, then proceeded with the charge. 30 con-
On both ,des for whion they had put ths
care, the hard labor they bad undergone and the w
genuy they naa displayed "a the rnS soI
feeling from their n and 70 attend 70 nothing 0at ~
issues In the csse sbcn were, sheher either Of ths
parties 10 the suit had been guilty OF the crine win
which they had been charged (sdutsryI rho drst isus
was Old did not Mary E,zsp-sh Beardsey the deteo
dani. about the 7th II January, lS66, procure
marriage ceremony be performed bets aud Dr.
Aaban The issue not, whether the marriage cere-
mony was performed hut wpelhey Mrs. Beardssy pro.
cured II TO be perforuet The Rev. Mr.. Malone had
sworn that = wes performed at the solicitstion OF Dr.
nshan by special dpt ussslon from Bishop Laugaln, the
Bishop OF the foe next issue whether or not
the this suit, had sirce her marriage with
Alfred Bearcsey committed adultery With Or MsoAn In
ieaye 90, o. their ali reerenoe 70 shs let
terra alleged 70 have been written By MIS- Beardssy 70
Or Esban they had not been placed before the jury,
and II was TO be presumed oy law, that nobody Knew
apy ling Of them but Dr. Ashan himself HIS Honor
then prosseoeo with tho argument In the case giving do
tails 81 the evidence he proceeded 70 chow 10 what
respect bore either aida. he proceeded for tss
hours ball. wound up Ills perofation by leaving
the ea1 s 10 The . esno. q ,ns jsry .
I. That the mere facs Of married mss visits 20 q
house OF ~ fame 10 1ot An Ao Outs presumpsoa Of The
2 That Is 10 such gvesumpacn ~ may be destroyed
by proof that tos offence not actually committed
8. That the jury may ss between contradictory wiz
nesss ezcuds wholly from evidence the one, and rely
who'll, upon another. rne Court consented.
Thai the Jury. a against sta.enenI without may
give focs % q statemeLt under oath
The Court onaree but qualified II 40 not
10 give s,,oDt. fleet Excepted TO b. pmiasid
That no assumption be drasa assiact the plain
TIA from MISS Gretn~oods absence. The Cours CON.
s<pted.
o That the absence n Joseph law, who was present
both ocoas'oos when II Is stated that baardsey went
up stairs ia house Of III fame, and who
proper matter De considered by ins jury
upo Question OF actual comuission OF sdultefy,
control q party authorizes presunP,oa BY tue jury
sRuiLst the party not producing the witnesses fne
ooost declined. and exception was tssen-
T. Tsai The sry cannot presume any improper inter
between Miss Green wood M. Beardsey upon
the occasion u her gong h,s child,
and that the ocjecs being proved ~f
and sucabie Do niereIoe can be indGstd against her.
Tho Court consented.
After The delivery Of shs JUDGES charge Mr. Busted
kaa \ tiers k.u~r IN who ho
explained THAI great mssase had been made In respect
TO his a'us,cn Caroline riee He bas charged
:. a ssss:si Tor he ssss ssTsr So: :s' =
and 4 We. found saAs wha, he had said
~as thai Mrs re was "paranour witness"
nesnDs , hat sne , ..s .So VII. esq Pc.
bersef This explanation WAS considered sufhoieut by
ar sbs1sr aud by Mr. ftce himself 10 whom hr. Sha-r
communicate II was understood that unless Is had
been Mr. Bustaed might have cuff personal vic.
iesc@ Ut the hand Of Tice Ia 70 Mr Bateeo say
that he not n make the sIpla1aloa from
any regsd to bis personal safety but spy OF
tusce 10 the husband who believed himself ared and
at u solicitation o. fricnd
at about I'VE O'clock BY conseot Of couasc ca sscs,
they pernttd 70 q dinner for nour At the
END OF that period they returned into court Judge
LOTT at their rqust read tue evidence Of Os. Ma
han regard 70 the Of bis marriage ~ith
Mrs Bearos'ey showing 10 MIS- examination
ipeh,ef ana hts examination In regard
and where.
me jury again retired II was generally beloved tuAs
the disagreement bet seen them In the pro
portion OF eight Il four. or course couusel diff
tered In regard 10 tho aide which the unsjarity
wss. Mr. Bustced claimed thar the eight were Ia hs
favor, while hs oppopents willing give two
cut Of ibe sboe twelve. Again. IL tsid tn usy
one man ~ns sgaet the dcisLcant. ard when Jury
bad retired for the second time counse, deeoaas
congratulated thepse Ia b~vtug foreman wife
them But, u course, al this specust,ou -
the sccren o. the Jury could not be revealed The uoas
general imp the lury would NOT DO sb
70 as'ee AID at the latest boar th,y mad agreed
HAry ELxvEs O'clock p n
me- jury are not yet agreed they likely TO be
Judge Lott refuses TO cay "tarke,r them nays he
Win Keep them on till Friday MON.