The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-05

ambiguous" and opposed TO the other evidence "vo
unsary cohsbsaon 30 that whatever evidencs there
my be OF the intention 70 forgive which dos not amount
u the latter % included In the former Law. To hold
otherwise would involve rule which does not exist
ness be made In every instance slnos by the law
ruled in this case neither husband wife be
both the fault and the Intention BE- disclosed,
tue proof Of express forgiveness must fail In the
absence Of such disclosure 70 third parties The term
voluntary cohabtat0n does not sexual intercourse
The theory that does arises from perversion Of the
word which signifies only dwelling together" Tho
course are population" and consummation and the
contrary Wow Is founded dcta based on the ecccsi
OF tho OF THIS State This principle arises from the
maxim 'cns nus, mn contNbitus ia u matrim mann
Obviously the relation Of marriage ARISE on such
lar ntent and not merely the carnal act VIII CHI
the sequence not the precedent 81 such relation and
direct evidence OF such act Is manfostIy impossible
from the very nature Of the privacy attending its
mssion andkhe iaacy OF such theory is best shown
impossible for an crng wife ever 70 prove forgiveness
such proof must rest act which could in the
course Of nature occur Is submitted therefore that
house, and appear public as husband and wife for
years after knowledge BY either OF the inAdey OF the
other that the case comes within the words OF the sta
tutc, Involuntary cohabtation." The expressed
by the plainly show these to b. accurate
ciiaon and IL the parties have baen reconcled the
legal Consequences ensue The evidence before the
Court brings this case within both provisions Of the
statute Mrs. Strong Tor two years resided In her hus
band house. took care OF his Children was visited by
her husbands family, and appeared TO the world as his
strncc Of hts intention forgive the past III there
anything to forgive and he has no legal equitable
so appears in good faith 70 have acted Finally this
motion is peculiarly proper at this stage OF the trial bo
II granted 1t must dispose forever OF this litigation
which ought never to have been pressed The claim be-
ing for equitable relief there can De no further ga
ton if I. be granted Lneree repblioe sit fms hium
In the Of Mr. Gerrys remarks he ancyzsd very
closely aud severely the evidence Of Mrs. Bishop Bedeli
Miss hussehl lthe governess Mrs. BENJAMIN Strong and
the other witnesses for the defence He denounced Mrs
Bede as an eccesiastios detective who had violated
confidence placed in her, said to have been placed In
her by the defendant and asked why the deposition OF
Edward Strong, which file in the court had not
been produced the trial TO prove Mrs Strong guilty OF
the acts charged
THE JUDGE REFUSES A NoN-sUIT.
judge Garyin at the conclusion OF Mr. Gerrys argu-
mcnt said he had listened with great attention TO the
argument Of the counsel which showed certainly very
great research and erudton but as many OF the cases
cited were ones which tried by judge without
Jury and as this set down TO be tried by
Jury and many OF the considerations should be passed
upon by jury, he could not dismiss tho complaint IN
this action.
The court hereupon took recess for thirty minutes
OPENING or THE CASE FOR THE DEFENCE.
On the reassembling Of the court after the recess
Mr. McKeon opened the for the defence He as
sred the Jury that though their verdict might not finally
decide the yet it could have great weight in any
after proceedings He sgmatized the action Of the hus
band and the parties TO tho complaint as gross attempt
upon the rights OF woman The case was an exraordi
70.
The case as presented to them by the Defence would he
that OF young girl reiigously educated and only nine
years Of ago. who some years ago was married to
the plaintiff but who now, according to the story Of the
complaint is back TO her father dcbauched by her
brother la Who responsible for bringing her in
courD II was Mr. Strong. II should be remembered
that she the defendant 1t had been claimed that
the side desrous of an arrangement without
coming INTO court but he would show the jury the en-
tire contrary. He had the correspondence at hand
prove the TACT 1t had been shown to them that Mr.
Strong had lived with his wife until the fall Of 1868
lnn In hn nj lar
1864, when the summons was taken ont and the suit
commenced-or two years after the alleged confession
made. (Mr. McKeon read several communications
IN support Of HI statements In one OF these letters
from Mr. Strong TO Mr. Stevens the former asserts his
divorce whatever the disposition Of the chidren) How
the defence to avoid suit? How was the mother
to surrender oil rights her children was demanded
by the plaintiff as preliminary to the first arrange
ment' The counsel for plaintiff had charged the
defendant with beng fugitive. Yet the
the compa daily made from the city OF Albany
He had obtained possession OF one Of the children by
trick and had returned her This abduction
effected by Mr. Strong by means OF letter written to
Mr. Stevens Again, he had written TO his wife that he
would send wagon for the other daughter, In order
that he might also abduct her The counsel had after
but yet he freely admitted that the mother on learning
tho present proceedings were TO be instituted had taken
put tn SO two little children up as shield from behind
which hc brought this suty He had admitted that she
OF the best OF mothers and the best person to
bring them up The father had stamped the children
with eternal disgrace In bringing these proceedings
and how, then, was he entitled TO sympathy The
family Of Mr. Stevens rallied around her What with
heart in his bosom would hot have done sos Yet the
other sde wanted the father and the abandon this
woman. Who tina father attacked Mr.. Stevens
not ali unknown man In the city of New York-one who
identified with it's commercial interests for years.
and who descended from Revolutionary slres The
son. too had been asked to forget that he had sister
His defence OF her the highest encomiu the counsel
would wish TO pass upon HIM. The character OF Mr..
Strong that OF mean man. He had demanded even
tho few clothes which belonged to his children
tanned by the mother, and he wrote TO Mr..
Stcv for varioes articles VIII CHI In the
house oil that gentleman. Counsel would show
them that his ohie-t in this suit avarlce,
that he DESTROYS OF getting OF dover to his wife,
and tia. he desired to marry again where he would get
money Mr.. Strong had claimed that he couldn't
live four thousand dollars year. and II would have
been agreeable great many of citizens II Mr..
Strong could have been the National Committee OF
Ways and Means, wherchc might have fixed the TO
DO deducted from incomes at that II had been
deep laid scheme 10 get rid Of Mrs Strong because the
husband could not get any money out OF the father with
her
MIR McKeon stated TO the Court that he would like
discontinue his opening for the present. rs 1t too
dark 10 permit him 10 read documents which he wished
20 submit aud the accordingly adjourned until