New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-08
TIE STRONG DIVORCE CASE.
COURT OF GENERAL SESSIONS - Before Judge
RUSSELL

COURT OF GENERAL SESSIONS = Before judge
RUSSELL
John A. Graham ESQ.,, resumed his argument
on Saturday for the fusainmcnt Of the indictment Of
the Grand Jury against Peter A. Strosg. The ease ala
not appear ~ elicit much interest Few were present
lin Court except members Of the legal profession who
dropue ed in To watch the case.
MI Graham said: On account Of the grent prohcitl
which has been given q The proceedings IN tbs court
Yesterday in the various Journals of the city deem II
necessary 10 add few remark TO those made yeseT
day on the first point The affidavit Of Mr.. Cram has
been printed and viii BE- extensively circulated and Tor
those who not aware Of the practice which prevails
In this Court In reference 20 the District Auorneis
office from time umemorial-a night which has always
been accorded 20 him II OntrOing tie order IN which
the various cock,is will be ucd-some mlsooteepton
may be communicated to the public As me!
have a right to know how things arc man'
age1 hy their public officers open the ease FOR The
PM pose Of adding n Few additional remarks In this
IN every case the District Attorney II presumed 10
have some theory. Two parties are charged, ana Is
seldom that two parties ooncurring In the commission
Of ibe crime incur the same degree OF CUNT ""
not know that u has ever occurred that Tie Jult ip
traitors Of the same crime have been equhhy guhN'
One is generally little more than the other ana one
little less Aud IL j. therefore tie duy of TIE District
Attorney, IN determining how prosecution Of that &c
scfiption shall be conducted. 90 decide which oi the
two witnesses the law demands the most. This Is a
sauarv prin cple abd without TIE night 10 act ut ~
an Injustice may ofcniimes be done through the DE
trct Attorneys Office at the expense Of Tie law IL
often happens that tho one the Ia" demands most tLe
one that tho proof is the most IN
complete against and often happens
hat proof only be gained against the ruiiest OF
those who are charged Rith Joint participation of the
same oiyense 10y fIst sooomI ahing the conviction Of
some one who nay bove participated " ihe ?n9'e Drt
whose degree Of participation docs not eafiy win II ne
same degree II aggrayaton that ma! attach 70 the
others IT OMEN happens that tie guit OF al parties
perfectly clear there be moral doubt about The
guilt OF al thr parties: there can D. No doup 81 The
uit Of the party against whom the prUopu charge Is
made and IT Is tie dnty 81 tue District Attorney con
sisenily with the administration Of tsioe 20 accom-
psh tie conviction OF the Futiest party. whether he
mp,hes that by letting Oh those who ought to be
punished II ell could be he'd 10 conviction, or ~heih"
be can accomplish IL In any other way lies IN his Owr
dscreton. Ii il his duty Ia serve his clients, The
people, under his Official oath precisely as pl
vste counsel serves those WHO may employ MN
1t il for this the District Attorney 10 permitted
to indulge Lis ingenuity for the purpose ol seeing
whether he cannot devise some means by winch he
ripot Of the criminal irui may la INTO the zap OF thr
law The present incumbent has been for nine yeere
connected with the administration II justice IN this
Court lie served assistant under TIE late
Mr. Blunt aud he has filed ont two terms OF the office
after him and has Just entered upon his third term and
if there II person In the County who IL familiar with
the ueages 81 the District Attorneys Office and the
prime pies which regulate The proceedings IN H. u ~
that gentlemen The great principle OF ms career has
been This: first come 10 some conclusion III his own
mind AS the guilt Of the parties WHO are brought with
In the scope ~ his prosecution ana tcn cndeVor 10
obtain conviction. No one who knows the District
Attorney Of this County can suppose for moment that
II he was able 10 satisfy himself Of the Innocence
|of an individual that he would pursue
bin 10 conviction and punishment, though be would
not be able 10 complete proof that would accomplish
that object The District Attorney has some conyc.
tons reference 10 this defendant and they are by no
means Of favorable character. What the facts In
this case IA they have been presented To hs Court ny
the learned counsel Tor this defendant a man IN
thy and respectable position IN NE selects ms Tie
plrtner of his bosom lazy whose standing IN society
is equal to his They live together several years
They have children The paeInt Of those children IA
not disputed. This man comedies the virtue OF TIN
woman He comedies thnt those pnf.uers 81 women.
with which every community n riie have hurled her
shafts at her in vain; that her chastity has come out Of
trial as the precious metals tried and refined by IRE;
and according 10 lis own statement, IL hiss been re-
served for his own flesh and blood To accomplish the
downfall Of "a woman whose downfall could not be nc
compshed by the world; story revolving and dis
gushing in s character the world ever heard Does
this brother in this act stand alone In his
infamy or does he merely develop TRAITS winch
run through the whole family should b.
sorry to suppose much less 10 utter any thing like the
latter. am willing TO regard lin as an exception;
but does that take from the inamy and wokedness OF
the position which he occupies before this Court
When this wicked shame Of his brother had come "a
his knowledge. what his duty In reference to II
Ii bury It, Instead Of consgnng to the grave
stead Of cOncealng from the public eye, be nj once
leaps into the arena aud seeks again to make himself
|cgible for the hand II other vlrtrous woman 0n
the very nfamy and wickedness Of his brother.
deny that IL the duty Of this defendant To his
father 10 his mother and 10 his other sisters and
brothers, to whom this offending brother are bound
10 presume is exception TO publish this shame to the
world. No man is suddenly most base. no man at once
reaches the highest emincnce in the commission OF
crime, does any one IN moment descend u the
lowest depths Of baseness. There must have been
something in the early stages Of the career
OF this man. and up 10 the time Of the development
If this wickedness which calculated 10 put this de
fendaut on his guard against him, and 10 satisfy him
that he unworthy and improper person 10 be left
in such close intimacy with his wife. When her sin
discovered according 10 the statements in those
morning papers, she far gone in pregnancy. lie
knew ui well whether she had right to be in that
condition not lie says himself that be not sur
prised at her condition; that he was simply sstounded'
stunned you please at the development OF the father
Of the child when by her confession he discovers that
an intimacy has existed between his wife and this
offending brother for period of nearly two years pre-
yOus 10 the time OF the confession which possessed hn
" the fact Of her sin. These facts have been placed
before this Court partially by the morning
papers and by the eloquent addresses of
DEFENDANTS counsel These facts before
the Grand Jury, and 1t IL not e1traordlnar.
thing that twelve respectable should have said the
man was emitted TO no countenancc and no favor IN
court Of Justice that would thus expose the hardened
baseness OF his own BROTHER aud seek Ia take advantage
of it az against the other party These considerations
entered deeply Into the mind OF the Grand Jury They
had entered deeply into the mind Of the District At
torney. III We turn to Bible instruction. we find
that Of this wicked brother Ia denounced as one Of