The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-25


THE ISSUES TO BIZ TRIED. :.
By order Of Judge soncrief the following A'o '"'
Ned as tine issaes for trial -. nth tha
pla,ntia ara before the commencement Of this acton
committees adultery with Edward n Strong. .,,,,arv
DID The defendant IN ,s ~ about the 9th DAY Of
April, IA the year 1860, in the to"n VI 'e"-'
a ia ,Ss sa,a defendant commit adultery with one
Edward N strong ii Newtown. Qaeens county, new
York on other days the said noh.h oi April, iooo
A Ma tbn eoM defendant commit adui.efy WIN ono
Esw,rd y s,rong al Newtown, Queens county, New
York. on the several days or on any Jay IN 'ue mohna
of Nav June July and August 1860
IA ,t he said defendant commit adultery with said
Edwar, N Strong Newtown aforesaid, on various
days any day during the months OF January FED
bid tie said defendant commit adultery with said
Edward Strong on any day between the 10th day OF
October and the Goth day OF December 1850, at house
q me city of New York known No 50 East Twenty
lrst street in said city.
u DID the said defendant commit adultery with said
Edward n. Strong any day in the month OF july
OF August IN tha year 1880 at the house known as No
s. Blocker street, in the city Of New York.
Was the plaintiff ignorant Of such adultery tif COM
mltod) until the 5th day Of January, 1862 and was
such adultery ar committed) without his consent con-
nivance, prlrity or procurement.
Q. At the date Of the commencement or this action
had than five years elapsed since the fact of such
aducrous intercourse camc TO the knowledge or the
10 Has the plaintiff with knowledge Of the fact Of
such adultery forgiven the by actual cohabtaton
with said defendant with knowledge OF the offence.
H. Has the plaintiff, with knowledge of the fact OF
such adultery forgiven the same and such forgiveness
proven by express proofs.
H. Potter stated in the defence alleged by the defend
ant in the third section of her supplemental answer in
IT, Did the plaintiff commit adultery with Elocta
Potter stated in the defence alleged by the defend
ant IN the fourth section OF her supplemental answer In
IA Did the plaintiff commit adultery with one Electa
Potter stated in the defence alleged by the defend
ant in the hth section OF her supplemental answer IN
this action.
THE OPENING ADDRESS.
After the roll call Of the jurors and the restoration OF
quiet the Judge called the and Mr. Cram on behalf
Of the plaintiff open the proceedings He traced
the early family connections Of hs client and his subse
qucnt in 1858 with the defendant Mr. Strong
the who under the instructions OF the paterna
will cared for the mansion In which his aged mother
sided and where the children of the family wont to
assemble and dwell when so inclined He had taken his
wife to this house. which was situated In Newtown Long
Island, and while there in 1857 his brother Edward
up his residence d with them This Edward
had been inconsoabc for the loss Of his wife, and had
sought refuge In religious He had built Sunday
school and had Joined the Church The counsel proposed
show the jury the evidence that this brother had
commenced criminal intercourse with the wife OF the
plaintiff in the spring OF $780, that this intimacy
continued until its discovery just previous to the 9th OF
january, 1852 Tho said Edward had meantime joined
the army, but in the holidays Of 1851 came home on
leave Of absence, and was again, u is alleged,
guilty OF adultery with the defendant at the house
plaintiff had in the meantime removed. Three chill
dren had been born TO the marrage-Mary, Alice and
Edith She with child at this time, but it
born alive II had pleased the Almighty to take the
youngest Edith the Cd of January 1852 The mother,
filled with grief for she was human, iamenting over
the death Of her child On the evening OF the 9th Of
January while the husband and the wife were seated in
the communion of the family circle the defendant had
been listening to paragraph Of the Bible which told
with such weight upon her conscience and feelings that
she fell at the feet Of her husband and confessed her sin
objection made this point by counsel for the de-
fence the introduction of the evidence of the plaintiff
who in the present case, could not be witness The
Judge decided that the advocate had right
to open the case as he thought proper The husband
continued Mr.. Cram, had not desired to make his
domestic shame public to the world He removed with
his wife to Islp Long Island where he hoped to bury
from the eyes of mankind Il would be shown at the
proper time that his wife had made written confession
OF her guilt TO him, that he had not forgiven her. and
that since the discovery Of her sin he had not cohabcd
with her further than TO occupy the same house Her
guilt had been made known successfully to her father
mother, brother and sisters, and he charged them
the reach OF the injured husband So far he could
ascertain the defence rested their charges
brought against the plaintiff supported by the aidavi.s
In March, 1862, the plaintiff had rented his mothers
house, situated at No. 104 waverley place, to man
named Vernon Potter, huckser in Washington Market
and II with tins Mr. Potter's wife he charged
with adultery Mrs. Potter1-Mrs Eecta NJ. Potter
ws MRS NJ Ws na na viii @o
she organized the metropolitan Medical Society
the Care and Cure Of the Sick Families Of Absent Sol
dicrs;' land see, said the counsel holding the pros
pectus OF the society in his hand M is endorsed by the
Hon Henry J. Raymond and a number Of clergymcn."
the plaintiff and for his purpose had found appropriate
tools certain lady had died during the performance
Of abortion which was TO have been first charged
against Mrs Potter who then, II convicted TO he
paEdoned, that she might crminate and condemn Mr..
Strong To assist this plan a certain Massey and his
wife were made use OF, who, according TO the state
ment Of the former and letter said TO be
in the handwriting Of John Austin Stevens Jr.,
supported in comparative afuence at Earles Hotel
by the family relations a Che defendant Completely in
the abortion and Its attendant murder TO be proved
by the evidence Of these parties and by Mrs Walsh,
whose husband quack doctor and vender Of patent
medicines in Bangor Ne. The had trial In
charge Such outline Of tho criminal proceed
ings against his Client and such the people who
The counsel occupied nearly three hours in the delivery
Of his address.
Al its conclusion the counsel for the defence begged
which called forth indignant response from Mr. Cram
who deprecated what he called the cowary character OF
such proceeding. Mr.. McKeon sprang up, and with
great emphasis asserted his determination to prevent
such language. Tho Judge interered and stopped the
dispute
The Judge shsssns . jury with the usual caution
the court but keep themselves ready receive what
was to be offered in additional evidence
who had been summoned 70 attend but did not respond
70 tho calling Of his name. Tho court then adjourned
70 Monday next
Our reporter made mistake In the identity Of the
plaintiff IN the report Of Thursdays proceedings Mr.
Peter Strong Is brother Of the United states ocer
jas srons served On The stan Of asor Gensrs
Foster The former the brother with whom the alleged
sdultery was committed During the trial 90 far Mr
John A. stsvens has been IN attendance with her coun
sell and deeply Interested listener 10 the proceedings
NEWS FROM THE BAHAMAS.
u~~ 90