Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-07-20

will endeavor TO argue under the Instruction.
Of the Court
The Court.-WeH, proceed!
The District Attorney ,oiU proceeef
The Court.-In order.
The District Attorney was about to argue
as to The inference to be drawn from the testi-
mony of the woman Deylin, her manner, and
her answer to the question which put, which
! thought was competent, but understand his
Honor to say was wrong in that opinion
Judge Hughes.-I hope a suggestion from
me may assist the District Attorney in the dis
charge Of his duty here. / have no disposition
to embarrass him, in his argument, and Am
sure that he must be able to perceive the awk-
wardness that results from keeping mp con-
troyersy of this sort, and trust he viii con-
fine himself to the evidence, and relieve me of
the necessity of any further interruption. As
to attacks upon DR. Burroughs, they We're le-
gitimate in the case, and expect him to make
such reply to our argument on that point Is
may seem proper. 8
The Court-It was a very unpleasant thing
for me, and was very reluctant to interrupt
counsel i'm the course of argument, and would
not have done so in this case, although 1 OBJ
served the improperly of ii, had 1t not been
called to the attention of the court by the coun-
sci on the other side. This is a case of the
greatest importance, and am resolved that il
shall be conducted orderly and properly, and
. especially am determined TO see that the coun-
sci for the United States, who so ably repre-
sents the interest of the Government here, en-
dowed with natural gifts of eloquence and
power with the jury, shall not in closing
speech travel beyond the limits assigned TO
Mr.. Darlington leaving this branch of the
argument, proceeded with his remarks.
Mr. Darlington, in referring, in another por-
ton of his speech to the causes which actuated
the accused to commit the homicide, said: 1t
was hatred and jealousy, for she told her law
yer that her love had turned to hatred; and,
money, but Louisa Deylin did. / say, not
wthstanding the eulogium pronounced upon
her, that she is woman without delicacy.
without refinement, and without sensibility,
for during this trial she has sat here giggling
while her friend was on trial for her life, rs
though she were in Quincy street, Chicago, at
the house of Ellen Mills.
Mr. Bradley.'-May it please your Honor,
denounce such an accusation in the strongest
terms that man can. There has not been one
word of reproach cast upon Miss Deylin from
the beginning to the end of this trial, and do
say that no gentleman would use such lar
guage towards a woman.
The District Attorney shall not be pro-
yokei. if the gentleman's object is to ms lt me,
into any improperly. have only discharged
my duty in my humble Judgment seemed
proper. ] might make the same remark in
regard to the attack on DIR. Burroughs.
MIR. Bradley-The man who denounces this
woman without the evidence in the case war
rantlng 1t, trespasses beyond the License OF
counsel, and abuses the character of gentle
man.
The District Attorney.-All 1 have to sayis
that return the insult
MIR. Bradley-You can return the insult as
much as you please.
The Court-Mr Darlington the Court Will
not permit You 10 go on wltnOut expressing u
strong condemnation of language of that kind,
which it thinks entirely without foundation in
the evidence.
Mr.. Bradley, ito the Court. THANK you,
sir.
The District Attorney-Win your Honor be
kind enough TO make some remark of that de-
scription in regard to the attack upon DIR. Bur-
rOughsl
The Court.-That occasion has passed L
understood the attack upon DIR. Burroughs to
be confined to the character of his evidence,
itself he
evidence OF other witnesses. i thought that it
was pretty severe investigation to be sure,
but then it was not a mere calling of names
and denun citation without evidence to support
it of some kind. whether sufficient or not. do
think that this denunciation upon the Misses
Devlins moral reputation, outside entirely of
the evidence in the case, ought not to have been
made, and is deserving of the strongest and
severest censure which the Court can declare.
NOT go beyond what you knew, and especially
in regard to a female witness, who is here, to
all appearances, without protector.
Mr. Bradley. - And who challenges the
closest investigation to her character, and
speak with the authority of gentlemen of the
highest reputation in this country.
case st si r., , 90 nPr Wish 10 PbeJnulce .ae
or the other, and hope the jury will not so
regard it.
The District Attorney thought 1 was en-
tirely justified by the evidence. 1 may b.
wrong, but think my attack is not half SO
severe as that made upon DIR. Burroughs.
The Court:-You must not retaiate upon the
Misses Devlin.
Mr.. Bradley.-Ths witness is introduced
under my protection. am responsible for in
Producing her as lady of reputation and char
acter; and regard the attack upon her as an
attack upon me. I know her from the reputa-
tation of men of the highest character in this
country. refer to Mr. Armstrong, of Balti-
more, and to Mr.. Shoemaker, of Adams Ex-
press Company and others.
The District Attorney refer to the whole
city of Chicago in regard 10 the Rev. DIR. Bur-
roughs. When he is denounced 1 thought il
was my duty to expose properly the testimony
of the Misses Deylins. The Judge thinks L
have gone too far. and so does Mr. Bradley. L
will say, gentlemen. that it is not material to
tins case whether you believe either the Misses
Devlin or DIR. Burroughs, or discard both of
them.
Mr.. Darlington then proceeded to discuss the
third proposition. -.-... -r-
At the close of the argument mut ual eXpiana-
tions and apologies followed on the part OF Mr.
Darlington and Mr.. Bradley.