New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-12-05
TIE STRONG DIVORCE CASE.
II HE D E f E N S e
Eighth Days Proceedings.
rrr. MoKeon's Opening Argument

The proceedings in the Strong Divorce suit
were resumed yesterday morning at the Superior
Court
Mr.. Flbridge T. Gerry rose to makes molten Tor
non.suit He alluded feeingly to the loss OF AT O"''
Moves and TO the imputaons which had been cast up
On himself the other counsel for tie defense 'of nav
ing forced on pubic tid. He read kt'er nou'
She late Mr. Curtis Noyes going to show that no Iau
made efforts 10 settle the case without publicity lie
theu proceeded with a motion ior hou'su' On - ~.
grounds lst That there were fa:ai vsrahce IT,, an
ssaeS cas- Of seton wsc not proven Sd That all the
svisnce give, has cot been sufficient 70 ons L g. dc'd
u III. That therefore vrrdiei suouu ~ r
by ths Court specially on the ntst uine issues ana srn
s-rt on tie eleven issues settled the or:na pesds'
". tbs be coasieIeds crmrs case 6ythe
Psoole srt The cndant for adultery crime that mere
fr, the plaintiff bound to MAKE out case Of pospe OF
merely probable fault bot in which there coua oe no
rr,.onsbe doubt Of the defendants nj lie cited large
number of cases to sustain this point.
M Gerry then viewed the evidence. He argued that
Miss Nussehl. voluntary witness from snohe s's'e r3
1 sny one bad had ,eshsd to the defendant
being much with MI Edward Strong which she was par
Strong. leaving Edward. room was charged act
Of adultery agued that tns no evidence whs'
ever otherwise mtrred would be safe In Visiins
her brotheriuaw Thesecord act the moral certainty
Of the witness that on,e she was three hours IN Edw.rd
yoou this discuss. The third was her
again the Of Edwsri strong 10 which the former
sbs t, 4p wa. from her delicate CONDITION aud thai "a
wards opened through curiosity lie thtn fepste
On the iEproSsSiisy Of ai Edwsrd stronrs and Mr..
songs seeking the purposes Of adultery
when either OF th,ir own rooms were open. -,
The nurses evidence then discussed and eoun'e In
sisted that credible thai a. CLOCK IN the mofit
with Peter in be house should hate been in Edward.
room for eiimins purpose. Mrs Benjamin strcngs
testimony. signs made in the presence OF the whos
M 81? sf re eS come % bot
visiting the house between brothers AID
sn-sw He clAinod that II these things were enter
tanned With the fact ts the parties and walked together
ss-eisy considering their relationship and their esoa'
The counsel then claimed that the confessions without other
sdasery He Quoted Bacfone to show hat confession.
utterly unreliable ard in the Eccesstica Court
sauery concessions were not admissible prove the
ths where woman, eTing from sickness produced by
pscr aee induced by superstition or by iegioss e1
borsiions to eoie1 crime without notice. such COMES
sions could no; sustain tho charge .
10: whe,her she had tesihed to the truth or ashood If
Che FIRST she hsd violated the confidence repOei in her honor
.enopsy she bad s.e.y injured relation lie then d.;
Ing sose,her Sc lie also dscued the confession to Mrs
Benjamin Strong, made while still in weak state. from he
ese ercumsances was Of very little credit, and wholly
tdmsbe He compared II to the reported case where
Of MIS- eie Ia dispositions claiming that shown
81 them ince It wa AGAINST the defendant -,
heywas by that fac, shown 20 hsys been wJ',s
:s Il fll sSSisI. to
son could In any ese be used he alluded TOO 20 N
show ths confessions, especially under toe Circumstance
shess s ~sI1 Ss. 1 r. sna Who'll
false The point taken hr the piain
had made out the absence ofcounysnce
70 the words OF the rule consent or P.iviy IL his wis s'
was no. necessary to prove scui eonnvance at the hdn
fhr Husband OF by throwing the wife into the company
association Of the seducer sufficient Tts. the aege
NAKED BY reds relatives and servsnt by bin
old Mrs strong; that Edward received KINDLY since
al bis si and argued from that aud irom the msrner
which the evidence got up that there must have bee
H alluded in this connection to the fact tn
Edward bad no, been brought from Diren Conn, nor hs
his deposition taken by the plaintiff been read IN court
,oyd the .oee,y Of hi. wife for years liter knowledge
wies nhdeity the Court will not allow bin 10 cas-; her
into question Of condemnation bot having done 10 he vi
bound maks hi. completely which counsel won
sabnis had not been doue Forgiven &C: Of IL
mind and when complete compete forever III
Intention to forgive itself forgiveness lie drew di
tnc;ion between the condensation OF the English law a1d Il
forgiveness Of avs The former complete
eu and Ie.ttasr q khh ;eI not p .io =.
shst cohaoits,ion had IN the statute H. p M ny eanns
Che Eccssiostica Courts Of England.
Reviewing the evidence he argued that the excuse gye
bic possible Tor the removal separate and III
physical condition OF Mrs Strong explaining the con,in
snce Of this SEPARATION that MI Roosevelt: testimOu
allowed parties living together husband
wife. Further ths, Mrs Bedes evidence was proof Of
The Ccur after conplimenting Mr. Gerry the research
k urgument ruled that the here on Issues
b. tried be had not tbs power dismiss tie complaint, all
the Gaze must go ,,,,.
tie case for the detense opened by Nh. Mcheou
THE DEPESsE-NR. MKEONs ARGUMENT.
Aher some preliminary remarks Mr.. Mchron sud; Til
szse oftbe extraordinary that prese
civilized community 1t stands in this country may ss
without parallel There few such In the pus his
cory Of the world which may bear some resemblance to 6u
people to the credit Of the American be II said tbs
FOR the trt time case presented wher'
written TIE simple case We pIe-sp It to ySaw be tina
suy ednes,sd and IN family q the highest rrspcetsbiiy
delivered to this man some few yesr ago and today
according his she stands ruined and Ia back 70
her father and when We ask BY ~hom, he by hi. own
brother Now, gentlemen thai the case and there Is
ftber you, AJAX BIN what he would have done when
ti4t tod him Whist influence. have you brought
epon Child that this las beet the result Ho" have you
scted her that shs has become degraded What
y 1t In your eontro!-whst u it in your conn,ance
us r-suhi Where V the virgin CHILD gave you here
btne ei.d Of my heart gave yoa unsu.od, sDd Why
The question which have to investigate here and before
gcthTough vii show you how he has ~Tonsed this father
thi. community. and the question has been asked
why bring IL INTO Court ., ALL IL /. scandal 10 public
oss dsssoe to the history Of the country who Is
vospopble foT bringing bere7 snswer Mr. strong him
ell Remember g nrui, a, defendants aid csnno,
help ourselves We. surrendered at his command
would be here bat conscious Of the intgy OF our Do
fense compelled 10 obey him he drags before
Ae tribunal o justice They tell you In the opening thai
every effort for settlement was attempted 10 DO sde OF
have here the correspondence between tho council thai
sonss@n hin The corfe.pondsnee Which We have upon ds
table here says that Mr. Strong had for months and may
say been appealed TO- and u, DO tune "ond he
OF snytbng but divorce. He wanted divorce, and nothing
less would satisfy HIN His counsel tells you that they are
breeding for tbs CHILDREN aud have here the
Rssfion Mr SuIan with regard 10 these poor children
which shows how anxious TO save them from dis
honor and how proportions were rejected have the
lst es OF Mr. Honman the counsel ~ ths case VINO IA,
BIN todse, aud where he ssppo'.d the shadow Of
his ind aence s.woald still renain,-I bave here his
before already show you that the all OF 1903 Mr.
Strong lived with his wife. In the Fall Of 1898 he began 10
think or he about commencing the su for
he get Di