Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-01-30

The Indians Divsrcs Declared BY The Court 70
be NrH and TOid-Tzs Summing sp Of Coun-
sd-Imporfanf Charge Of Judge Leonard on
tho Marital Reiofons.

tendon. Large crowds atteBded the trial, and
the evidence Was Of such a character 81 to sa-
tia,e even The most intense lover of scandal.
We give the conclusion of the trial, a condensed
report Of the argument. Of the counsel in the
csse, and the charge Of the Judge in fun, as they
present a view CO not only moral. bat social OBJ
legations which are emineRdy worthy OF cOnsid-
GRAFTON, especially at the present time. The
facts developed upon the trial and the
of the Judge thereupon point a moral if they
do not adorn . tale" and the excellent sugges
tons in The charge TO the jury upon the mutual
obligations Of man and wife not only to preserve
honor. but to secure happiness, are eminently
practical. The jury rendered a verdict of ten
thousand dollars dsmages in favor of the injured
husband-MnLsrAUeB.
rue INDIANA DECREE.
Upon taking bis seat, Judge Leonard decided
that the decree Of divorce Obtained in Indiana
was null and void. and must be stricken out.
There was no proof that the plaintiff in this
case ever had notice Of the proceeding. aud il
was certain that the plaintiff in that divorce suit
had not resided in the state OF Indiana for
one year, as required by the statutes Of that
state.
The counsel for the defendant took exception
10 the decision.
THE SUMMING Up FOR THE DEFENDANT.
Mr.-.Clinton then summed up for the defense.
He reviewed the testimony of the plaintiff, and
claimed that all through it was proven that the
marriage OF Millspaugh was a made up one, with
no affection on either side. He claimed that
MilIspaugh had not suffered any damage
through the arrangement Of the affections of the
wife.
After snalvzing the testimony ia the case. the
counsel concluded as follows.
What does this p~laintif-this father-seek TO
dof He proposes 20 enshroud his child's future
in darkness-cimmeriap darkness-to throw over
all his hopes The pail OF degradation. so that
wherever be may 20 in his wanderings over the
face OF the earth. he shall behold all who know
him shall behold, as though written in blazing
capitals across the sky, William Millspaugh,
your mother was a wanton 20 and there shall be
neither nook nor corner upon the habitable
globe where be can hide from HE iDfamy. All
this Andrew Jackson Millspaugh desires TO do.
de = most willing 20 steep his soul in such stu
oendous guilt TO perpeirate this high crime
sgains, humanity-sgaiDst justice. He iondly
hopes that you will be not merely accessories be-
fore the fact. but ready and willing instruments
IN bis hands. He rejoices in the opportunity to
carry on this desolating. this savage warfare
against an innocent woman and a helpless child
And all for what? That lie, Andrew Jackson
Millspaugh, may line his pockets with gold. that
he may repose upon a soft and downy couch OF
grecnbacks.
NJ Up FOB PLAISTIFY.
After recess Mr.. Fullerton summed up to the
Jury. He remarked that aside from the question
of estranged affection. the husband, asa rule OF
law, wac entitled TO her services in his household
and as the mother of her children. Who could
- u, L., II IL -~.l-f -. g. l..
child who could compensate for a broken home
the child whose happiness for the future was
dispelled Nand should never hear or see the mo-
Their who bore him. Millspaugh was set down
AS a psrsimonious lover that he c0urted her
solely for her money aud that he never loved.
Why, the entire amount that his vile had was
six thousand dollars. and she did not get that
till after Mrs. Abbotts death. Who said that
he treated her badly ? any of his friends, any
Of their mutual acquaintance ? No, but she
herself first started the public rumor that Mills
paugh didn't love her Was she preparing the
way TO p%ailiate for the wrong she proposed to
do her husband, He claimed that all the ev-
idence showed his client to have been a kind and
i~ndulgent husband. There was no limit or re
straint placed to her demands. and all her wishes
were gratified-quite the contrary course that
would be pursued by a man Of cruel temper or
psrsimonious habits. Who were the witnesses
as TO bis drunkenness Mr.. Babcock, the
keeper of a gambling hell ; Mrs Blbcock, who
received her gentlemen visitors in her bed room.
Who we're the Collins Z They lived a little
higher in the social scale. but morally they were
on = level with the Babcocks. They were all
CO conspirators in the wicked e~lopement and this
plot. Coffin. Coffin, what was Coffin but a sy-
nonym Of oil that was corrupt. Who was re-
sponsible for his intemperance, who but his wife
Ii was che who told the hotel keeper " make
Jacksons drinks q little sweeter aud stronger y
Her husband was made drunk by her. The wife
mixes rhe merchants drinks, he sleeps stronger
on the sofa, while Adams and his parameur hold
sweet communion together. applause in
court.)
The evidence in the case showed that Mills
paugh never drank till Adams made his ac-
quaintance at the Bond Street House. and il was
he and his paramount who fostered the love OF
drink in Millspaugh's breast. and shall they now
boast Of it. or rather complain. of VIVA. they
have brought about. But could they call a man
drunkard who got up early. attended to his bus
ness. provoked no SUSPICION from his associates,
and was as shrewd and merchant like as he had
ever been in his life? Counsel next REFER ed to
the case of Mr.. Adams, remarking that be was a
bar TO all possible reconciliation between Mills
paugh and his wife. When Adams was put on
the stand il was stated that he gave his evidence
frankly. But a msu Of more imp1dence and
cheek never appeared in a witness box. When
ne COUNSEL aSheu MIN III ne ndQ becn a witness
to the divorce suit. he became suddenly meta
physical and replied that his answer depended 3.
to whether it was intended that he had given evi
dence. But IL was said by defencent's counsel
that Adams loved Mrs. Millspaugh ms the apple
Of his eve The manner. however, in which be
showed that love appeared when he gave his
evidence. He then 10 save his dollars charged
Mrs. Millspaugh with criminal intercourse ia Ell
feet with Mr.. Halstead. That was a peculiar
way of showing love, when it was illustrated by
making its object a reproach to her ser and to
virtue. There was a possibility of reconciliation
between plaintiff ard his wife. aud Adams was
tho only bar 10 it. They all remembered the
celebrated case where a man shot Town the sc
ducer of his lady in the capital. He was &C
Quilted, but society afterSard placed him under
itj ban. At length he again received his wife
with open arms, and be has since achieved an
honorable distinction as a msjor general in the
army of the United States.
There was then an equal possibility of the re
sumption of the marital relation between the
plaintiff and his wife if Adams had not stepped
in as the seducer TO mar their peace. Aud il AID
ans loved her, why did he procure a marriage
that was null aud void. and from which he was
released the very moment it was obtained ? He
spoke 10 il. however. 10 Seth Adams praise,
when be alluded to his eouivocaiion during the
evAmination as TO whether he was O witness in
the divorce suit-when he was swearing away the
scored hond which united Millspaugh and his
wife. There could have been no more offensive