The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-30
THE STRONG DIVORCE CASE.
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INTERESTING PROCEEDINGS YESTERDAY.
EXCITING SCENES IN COURT.
APPEARANCE or THE PARTIES.
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IMPRESSIVE CHARGE TO THE JURY.
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WAITING FOR A VERDICT.
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The Lobby OF the Chamber Of
Destiny Last Night.
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IB JURY SYzLL OUT.
Ae. &c. &c.
EXCITING SCENES IN COURT.
or THE PARTIES.
IMPRESSIVE CHARGE TO THE JURY.
WAITING FOR A VERDICT.
The Lobby OF the Chamber OF
Destiny Last Night.
xH JURx s5z1L OUT.
&c. &c. sc.

3 JURY STILL OUx.
ne. &c. sc.
Superior Court-Trfal Term.
Before Judge Garvin
NE public interest in this famous litigation mani
Sested yesterday bya crowded attendance which com
prised many distinguished members Of the bench, bar
sad every branch OF the social circle The lawyers sa,
~ their accustomed places, and score OF reporters,
eager for tho commencement OF operations, occupied
sheir little tables. waiting 10 take down the Judges
charge exceptions OF counsel and everything else Of
interest that might The plaintiff, with his two
brothers. Benjamin and James, who have stood by his
rde from the commencement OF the unfortunate
versy, close Messrs. Cram and Robinson and
Aibited the cool, almost Indifferent and perfectly
self possessed manner that has marked his conduct
throughout the trial With his legal advisers he talked
apparently quite calmly and coliectedly and smiled and
joked with those around him.
M John Austin Stevens, sr, his son two ons-inaw,
other members Of the Stevens family wero IN attend
at early hour, and gathered around Hr John
McKoon the Chambers street side az the
The aged father dressed in his usual plain His
betrayed deep anxiety and thoughfu
ncH, and his manner, though generally quiet and
served still occasionally exhibited that
told how fearful the inward struggle, and how pain
MI Stevens Jr was scarcely less moved His face was
pale and careworn, and his whole dencanor that OF
nan undergoing powerful mental excitement. II is
hardly necessary TO state that they together with Mr.
Peter r. Strong the great centres Of observation,
causing sympathy In some, unfavorable comment from
elEers, and exciting the highest curiosity in all
AN ABSENT JUROR.
At the hour for Opening court Judge GarviD arrived,
but discovered that Mr. Berry, Of the jurors
absent The Court asked II the juror mad been
during the morning. and received answer IN the mega
ave- Five, ten, fifteen minutes passed, and s.in Mr.
Berry came not The Judge directed messenger ~ no
sent 70 the house Of the absentee ascertain the OF
In the meantime tho other members of the jury busted
ing o. II oven then debating among themselves VIVA:
should their verdict The lawyers, reporters and
spectators generally why the juror
Aid not come What he should be SICK dead, had
vithan sccidentf Several asked questions similar
70 this What pity it would be in such case, An the
labor lost All the exerona, and toll and contentious
and strainng Of nye weeks thrown away
Twenty minutes past eleven O'Clock, and BeGry not
yes on band. Tho Judge began TO look serious and
foubed, counsel TO talk gravcy and everybody look
disappointed when the door opened and entered
SHerc responded the arrival Mr.. Berry
his seat amid the smiles and quiet jokes Of his col
silence rrofound that almost the breathing OF the
large assemblage migis be heard, = moment after,
sued The Judge turned to che jury and, in The most
TIE CHARGE TO THE JURY.
Gentlemen Of the Jury--Ths has been long and
been seen IN this or any other court such trust
may never be seen again % FAR as we are coacsrnsa
VIDE and the examination OF the witnesses long.
u has been of character 70 develop the
been characterized by conduct tho part Of those
~bo have been engaged in IL such as trust We shall
nevsr again be called 10 witness. You may have
Ihought in this investigation great amount Of the
evidence that came before you should have been ex-
ere 70 govern in this as in other cases that the ev
Sence should be allowed There was evidence in reie
renee % abortion to TO what had happened
aanner in which that house was conducted u was
thought that OF that character improper and
should be received: hut In the light Of this
now know how important all these apparently inmate
yAl iseues were bearing the health OF Mr. Strong.
wiate and condition IN which Mrs Potter was her health
what had happened IN her house; which went. Ear
u goes at all, 10 give IL character before the Gry,
apd enable them, all these manifold i,sues,
pronounce sound, correct, intelligent judgment he.
sveen those parties Now, ! do not intend 10 over
simply 10 refer them for the purpose Of enabling
Judge Of the application of the rules Of law which
sha by and by lay down for YOU and by which you
70 in making up your judgment in this the
hssues presented 10 your consideration You made
Abe evidence is 70 produce in your minds consideration
Of the integrity OF the witnesses; how much yo,
soeve and whether IN my instance yon are TO throw
altogether what they said by OF their OF
character conscenousness or any other considera
non which You may deem OF sufficient importance Tn
der the rules which the Court shall lay down for your
guidance u Is very wise and proper that the law
las gwen you this power aud authority This
v yoaY peculiar province. With questions OF
law you have nothing to do. You take those
non the Court The eCourt Is presumed TO know
Of the rules that TO govern this any other
legal tribunal than jurors; but all questions OF
you the sole and only judges II is wise that this
should be 30; il Is so, and II is proper that il should
uain Now, gentlemen, when come 10 the
sideYation OF this case find IL be within very
circle, compared TO the time il has taken 70
ample il is when We come 70 reduce this thing 10 what
you have 20 find The charge against the defendant is
adultery. The defendant denies that charge Is posi-
tNe denial made out and f not has there been forgive
the part OF the PLAINTIFF The next issue has
sbe Plaintiff himself been guilty Of the offence with
abe individual OF whom you have heard so muchs II you
have gwen attention 20 this case, have doubt
Jon have, must how easy IL Is TO TO the
uth Of these three several issues II il not necessary
for alude 20 the importance Of the ease II isa
rose OF husband against wife The plaintiff has deep
interest N y The defendan, T. his wife You are to
nnued forever. There another party in this who
nave interest IN a. evidenced by the large assembagcs
have had here Tor i've weeks On every day this
has been crowded, a. hardly room occupied by
rour Of Justice has been before continually from
Rage looking On With the deepes, possible interest a. to
she result IL this case the people have deep interest,"
and asy x. are rs, rss'Ssd u Ss s Of The sw
fourth party who have perhaps, deeper interest
than any other person in this unfortunate case II Is
rave and two remain Il IL the bounden duty Of the
ncu and Jury look 70 the interest Of those children
30 far a. they can in this investigation, and bring out
snch result consistent with the law and the evidence
~ shan promote their interests With regard
she terrible investigation, which has occupied 30 many
ays the first question you pass on, In the order
which these things presented 10 you, ~ the guilt
or innocence Of the defendant inghs You
only 20 deal Justly, you 70 deal gently, with the
fortunate although they may be over 80 guilty: You
deal justly between tho plaintiff and the defend
s1t You are extend favor TO her because she 10
woman You are 70 give him no right because he IL
man But you are 10 treat them as standing on an
equality on n level. YIN are not in any IN.
stance 20 presume that she IL guilty or he Is Innocent or
shat she and he s guilty except are con-
strained do by the proofs In the II either OF
these parties trial before you for murderan OF
fence the highest known 10 the Iawnnd II either said
they guilty, that would the form OF the law.
Hot, standing outside this court, II hve hundred wit
urep thav eutiltv of murder would