The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-25
TIE E1LSPAUGH-ADAMS CASE.
THE INDIANA DIVORCE DECLARED VOID.
Speeches Of the Counsel and
Charge Of the Court.

Charge Of the Court.
The Jury to Bring in Sealed Yer
dict This Morning,
Ac., &C., sc.
Supreme Court-Circuit.
Before Judge Leonard.
JAN A-Andreau J. Aiuspaugh us SeA Adams The
Trial Of this resumed this morning the pres
ence Of deeply interested audience. The entir, day
vas occupied in summing up and charging the Jury.
THE DECREE OF DIVORCE EXCLUDED.
At the opening Of the court Judge Leonard bounced
thai he would exclude the Of evidence
n the His Honors for thus dect ding were
lrst that il not shown that Mispaugh within
te jurisdiction Of the court In Indiana from which the
divorce emanated; and, second, because IL not
showh that Mrs MAspaugh when she proc AIRED the d.
yorce resident Of Indiana year, required by
Vie statute Of that State.
M Clinton, in summing up the case for the defence,
e the ground that the ag inst sess Adams
sswn the principle the plaintiff hs s1ecton for
ma ssreos could not have been dam aged The charges
e adultery which the plaintiff had made under oath
against Mrs Mllspangh, were not PR wen N any one m
accuse bis wife Of this offence. He hoped God in his
mercy would forgive the man Who could thus sl.snder
20 ove cherish and Int he thought there was
nttle chance of the PLAINTIFFS salvaton The counsel
then alluded the habits of the plaintiff with regard to
anaoxfcation and laid great stress upon the fact OF
HIispsugh mot being exsminsd by the other side He
Knowing thst he would nos stand the test 81 Cross
examination he shrunk from the ordeal The counsel
thon quoted the law u show that where no domestic
bliss had been destroyed the jury bound 70 give
moro nominal damages and in conclusion remarked as
Ioows:The plaintiff has resolved that the future OF his
i0s Wife shall nausht Ant widespread dssoaaion, and
Snt her hearts blood shail inscrs5e the word guilty"
sksto deprive her OF her reputation Of honor but
Ne seeks deprive her Of her offspring whom she loves
Ia Sas deprived her Of all to see her
rpnly child The s0eteof this child the chord
her heart ana SINCE the Gay sns was o.
Andrew J. Milspaugh mas thus persecuted An innocent
end helpless woman AL that ne may vi nus WlIn
This poor womsa sleeps on bed OF thorna WIN you,
gentlemen Of the ivy render verde. Iona og inns
them who has proved their protector and guar
dianf This case may be summed up in few words
Andrew j. Mispaugh Graves the money OF Seth Adams
end order TO accomplish this-the dearest object OF
hts hear-he willing to proclaim 70 the world that he 10
staggering under dishonor He has acknowledged him.
self TO cuckoad in order that he might possess part
Of my clients wealth. that his wife might become
object of scorn'for time to point les finger at
Mr.. FULLERToN's ADDRESS.
Mr. Fullerton, in summing up the case for the plain
sonal abuse of the counsel the other side Mr. Mills
paugh merchant Of seventeen years standing and
and cons this side Of the Rocky With
Inference TO the argument Of tbs for the defence
no rv W. hs
that aside from Affection wife owed certain duties
20 her husband which were highly valuable In this
case there child 70 be taken Of and the do
1endant depriving the plaintiff Of the mothers
vices, had indicted no ordinary injury Nominal a
much Adams should suffer for Tho injury he had in.
licted The idea thst the match between Mr.. and
Nillspaugh brought about by mercenary motives on
Che part the plaintiff all moonshine Mr. Mills
Daugh was merchant of abundant means, and would
not be likely to chain himself woman for life for
The paltry Of SO 0O0the exact amount of his we's
worldly possessions He denied that prior to the alleged
seduction there any discomfort in the plaintiffs
household, and attributed whatever change may have
Mllspaugh Now, It chained q part Of the defence
that Mispaugh cruel and ungcnerous TO his wife,
sequence Was there any evidence Of his cruelty OF
want Of generosity Was not the whole store at hel
thew sent to other stores and procured wha. she
wanted Would he have permitted her to go 70
or sr and
1hoy thought II hard that the husband required his
Ws waa s 1nc o
odd TO her comfort and personal appearanceY Was she
. hoard this So up Ike miser OF use II for her own
intempesnoe question, and stoutly maintained that so
far from Milspaugh being the common drunkard that
he represented 10 be- he In every sense OF the
word sober and industrious The evidence
showed that he attended to his business regularly;
81 the store the first In the morning and the last at night
and was known by his partners or business ac-
suaintances TO be intoxicated any one occasion.
the cares Of Business were over when did
that practice commenced Why after his acquaint
Iilspaugh a drunkard II he could, in order that he
might the easily accomplish his purpose with his
wife Even Mrs Milspaugh was pryy TO the scheme,
for will be recoectcd that was proved on the exam
nation OF the proprietor Of the Bond Street House that
sWeeer and little stronger These drinks were TO be
made "a little stronger In order that Adams and
Mrs Mllspaugh might carry on their ted ftes without
fea rofb