The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-30

there can be no Doubt There Is NO doubt that
he was ct the house LA Waverley place. What was
nsss or 70 sns On ms part
the lease Of the property You heard the evidence ON
the part Of the defendant The allegation Is that the
with Mrs Potter. Have they proved that 1t Is for
you to say You remember the testimony Of Mrs.
tween them That does moi prove adultery; but II you
believe that part 70 be true and that Mr. Strong occupied
the position with Mrs Potter as stated BY the witness
would show familiarity between the parties There was
the evidence Of Mrs. Smith, who described the crcum-
stances under which she them Yon hsard the
ded ' on the evidence ' in this case that what
the witnesses stated true, there s an end or The
ana s ne Sy % s s he
the position she describes You arc 10 take into con-
sdcraton her manner on the stand You are TO say II
she was acting under influence and II she told her story
In snch way 10 command your belief You are TO
take into consideration the purpose for which she was
there, and her mode and Of life Take the
whole story from beginning TO end ard say whether she
has given yon conscientious statement Of what oc-
CURED Then we have in addition that the evidence
Of Mr. jones' and you are 10 say whether under all the
circumstances, he In TO be believed II you believe
he was a bribed witness, you are 70 reject all nc
said. You to take into consideration the
state Of Mrs. Potters health her nscaTiage and all the
diseases attendant upon her condition at the Time the
offence, the in which Il done and everything
connected with It and considering all this you are 70
say whether he is guilty or not Now gentlemen,
OF the year this great case is coming TO conclusion
charge you by the highest consideration that can operate
on mainly every motive that induces man to do justice
between his fellow and tho public-to do your
duty. These little children stand before you to-day,
il not I'm body at least in spirit BY the memories
OF those who arc gone I ask you to dis
charge your duty that you and can appeal
to higher tribunal and say that we have done perfect
justice between these parties feel have tried to do
my duty II remains for yon now to do yours. Gentle
men by all means agree in this case II never can be
tried again. You have all the light the subject that
be given upon il TO any body set OF nen in tho
world. You must agree on verdict and give us The
result OF your deliberations.
The Judge concluded his charge at quarter past
twelve O'Clock. 1t was listened 10 with the deepest
attention. and elected general praise among the spec
charge the jury that all tho evidence excluded should
have no weight with them, and the Court complied
Mr. Cram called attention TO the tart that the Court had
said that Mr. Stevens had said in his testimony that the
plaintiff stated In his in eryiew with him that they
tplantT and deiendaDt) were 10 he 'reconciled The
counsel wished to correct that not strictly the tet
mony.
Corssel for defence commended that the Judge
right, and read from the stenographers report to
prove II.
Nj. McKeon suggested that the exceptions should be
taken after the retirement Of the jury.
All parties assented, and officers John Reid and p.
Murray take charge Of tho jury faithfully
the Jury thereopon retired to consider the, verdict and
The counsel both sides made exceptions TO the charge
on points OF no great pubic interest.
THE JURY OUT.
When The fury started their duty 10 consider on
willing TO bet odds that they would not be out more than
hair hour and that the finding would he in favor OF
the plaintiff. The latter looked cheerful and confident
md rhs stevens family preserved pretty much the same
appearance OF anxiety and suspense One hour, two
three went by, however, without word from the jury
aud people hogan TO change their opinions, and to talk
obviously The fact OF long absence seemed TO
argue diversity Of opininn and Judgment among the
Some Of the rSes ov the mssn IN,
door would and bang one OF these mischevons fe
lows would cry ont in imitation Of tho court attendants
"Hats on. gentlemen ~ "Hcre comes the Jndgev
Fhefcis the jury ~ &C. giving start to the Interested
parties and raising the expectations OF all TO high
pitch, only to result in disappointment
THE JURY Ark FOR INSTRUCTIONS.
At hafpast three O'Clock in the afternoon ofhccr
Reid came into court and informed the Judge that the
jurors desired to receive Instructions on certain points
Tho Judge ordered them be brought into court and
after hearing privately what they required gave them
full Instructions. The difficulties experienced by the
jury in relation TO express forgiveness and also -
20 whether they could the fourth and NTH issues
the question OF forgiveness they should take into account
VII inc surrounding circumstances, the conduct OF tho
The fourth and lih intcrsoaaio,ies must be answered
separately, and tina. he would wat for them an hour
longer.
rnE DINNER QUESTION.
Thejnry again retired, and after an hours absence
sent dc patch into cont to tho effect that they were
hungry end thirsty and desired the wherewial TO eat
and drink. WonId the Court allow them TO 60 to some
friendly saloon 10 diner
The Court asked counsel il there was any objection to
permitting the Jury 10 satisfy their appeiites.
Tho counsel unanimously declared there was not
The Court then directed the Jury to be taken together
their return TO be brought into the court room and
finish their deliberations therein The Judge further
moro declared that he would proceed home and DO
ready 10 return a. the jury might be prepared
with verdict The Court therenpon. disappcGrcd, and
the room was emp.lcd in two minutes Of all lis oc-
cupanis.
In conclusion yoar reporter ayas himself Of the OPP
porunity 20 reu ilanls TO The attaches Of The court
their uniform Kindness attention and urbanty, ana
desires 10 mention particularly in This connection the
Of .Ir Robert Livingston Clerk OF the Court,
Messrs. john Reid, ). Aekcr, r Murray u Kc.ehum,
N.l Rx4..t aud. NJ ty
AS an illustration Of he amount ~ testimony taken
during the Iral may be interesting % now thai Mr.
A. y. Wa6uion The official steDogJspher, allied over
three thousand pages IN writing oni liz noies
WAITING PoG vEspnT.
LOBBY SUPERIOR CmGrl0l. 7. w.
Our repos,er has Jus, arrived from the lobby outside
the la which The jury are holding their deOera.
lions and laboring to arrive ~ verdict The latest
news IL that everything y stair gs, ynk conclusion
Of the former branch Of our report That Is 10 ay s.he
gentlemen of the jury have apparently made no pro
gross the dispute i sill going on Do agreement y
probability, apd the chances are That the arbiiers
of the Strong and stcvcns destiny wont hoine I'LL
morning." H. indeed they then hnd themselves Tor.
tunatc enough to reach their several dumres even at
that ito tbem) very unhealthy and wearisonc honr.
II II n very pleasant and cnvabc duty. this ''waRg
for verdict Many OF readers, doubtless, have
enjoyed the hn privilege Of serving on ures aud stop
ping up I'll nsh FOR The purpose Of getting ~ .ihe
truth The whole truth and nothing but tho truth, on
the subject in litigation. But has an OF onr rssders,
without such compulsory duty as thai Of Juror voun
tariy started forth from comfortable preside aud scf
unto himself The task OF watching Tor verdict without
having awning 10 with making ~ IL he has not,
he nisscd very big thing II l. delightful, refresh
ing. aud altogether very fine AT LEAST such was our
portcris experience.
Al, seven O'Clock y. H. he proceeded ~ the familiar
brown stone building Chsmbers street mounted three
fights of sars and got level with the chamber Of
destiny-id ea tho room OF the rial torn eBciore
accomplishing this feat however " should be stated thai
he tried wentyiour different doors each barred,
boited and double boled and knocked against every
with vigor which must have awakened the siumberng
echoes OF the halls and corridors Of the vast building
Al last, after nouDderng about FOR some hve minutes
imore or essl an agony Of typographical doubt and
pcrplexity, he found himself safely PLACED In Chambers
street and front OF the large entrance on level with
the sidewalk siit IN the door, large enough for an
ordinary mortal without much superabundant tesh 10
pass through presented ITSELF and went reporter
10 explore the obscure and difficult passages. Knocking
against iron ratings, stumbling up stairs and buckng
things generally he eventually gained the spot OF his de-
sires And what did he fndf Two solitary men, one
whisng aud the other standing by the door OF the court
ROOM silent and absorbed Who the latter was was not
revealed but the former Bob Livingston, Clerk OF
the Court 10 whom reporter addressed himsclf:--
nv iirt vet