New-York daily tribune., 1865-12-27
going on and whatever II was acqu"sced In It, H. nov
necessary for defendant to make out connSsnce ~
ence to the actual adultery.

FORGIVENESS
II the iuy believe that the ohenses charged upon the
endant have been forgiven by the plaintiff they WIZ % n
according Ia the fact under the 10th and th ssnes; forgive
ness can be expressed in words ,there case Of
branch Of the statute psrRthnss
If made ont by express proof TO re estaoea ~ az Dy ons
sle1t TO sayina that that one Of voluntary CO.
habitaon with knowledge Of the fact Of guilt Is
vent other being offered the express proof
that the plaintiff placed the defendant under the impression or
belief that he had forgiven the, ofenses charged
her and na .sf ss ro ss 1e Of such
fessed forgiveness and that the pannn dd n9t rea
forgive her but merely to take adysnsss o bv
essons from the defendant or otherwise PROOF o. heI
guilt with view to using 1t ultimately IN sn aeon , !. os mon
the defendant and the law VIII no. permit him 20 taAe
his wrong If the plaintiff per.uaSaSSa S,S e
her (slieged guilt when in point Of fact he mad not
and did not to forsrvs il the fSrgTene'rb b.
If the Jury believe that the plaintiff between hiusf and
the defendant required that the child with when 'ne "s
that condition Of forgiveness as between hmse
her aud that the child subsequently born dead S %
become absolute To constitute foryenes' in sihsr aspect
of the statute Is not necessary that the pant and eeIsna
The divorce is to be denied where 'the ohene
party Such forgiveness shall be proved Gy,t, BY
express proof q. C., Of an agreement 20 foIgiye)i
knowledge Of the fact. The word .condon,d. is used in
sections 81 and % Of the act Of 20 aud = Vic eqossn % o.
auSores under the statute tsmiih ast smith Pp i5l
johnson Johnson pp 68 iG9 speaks OF e9ndonaion
e. Wtnd md, ST. and
synonymou. si2 nature Of combination sated-shat
64 If this clashes with Keats at heats u
swsbey and Trit, 33i IT preveils over that ease Our
statute is founded upon the Pnc s o S1csS @ ~ & 1,n
az
ter Of though the fact OF adultery Is proved.
Barb X, 259). "Cohabtaton' does not mean copnron
ed 2s3 g. snbd O. contamination" IS, bad for any
time freely sosaDi,ed IT g show H. ,ssS y ss j0sy Nil sss
Musseh that the plaintiff changed his room on aceouu OF
the noise the children making that accounts sol GENTLY
for the change Of room after the death Of Edith That they
have no right discred refuse to believe this decaa,o
the inty believe that nom Janrary May 1896! resiiue
Twenty and from about May 1867 to about January
1863 the period Of their residence a. .p ne openy
siding his domestic a.Is apparently ell ID,
duties and anctons Of wife and mo,her ana SO 70
fully continued IN her position O, wife and mother during
the periods named or any part o them tne.s iaes ana er
meaning OF the statute. II the jury believe that the
plaintiff forsive the cen'es charged rpon me defen con
would truly repent perform the duties OF wife and lo;her
ana dep9 ners s has Sgdyes m e p the condition
IS si in force and the jay are bound 70 hDa .e 5e.
o e m Counsel then contiaad =. ioows
Her admissions Of the OF the facts
given evdence-shoud ree 70 these facts or be such rs
10 warrant reasonable belief the improper intimacy be-
tween them that mere general admissions cannot DC mado
within the that the Jury cannot rendera verdict against
the defendant the evidence warrants the bee that me
acts Of ad1tery were eonmt,ed Ss the Times ana t pe G
ues 10 be tried the fifth and SIXTH which were founded
on the socaed confession and the evidence of Matilda
M Nyes S %
THE PERSONS IN THE sUIT--THE PLAINTIFF.
In this case there who are entitled some
man some 40 Yeas of age who has been eensed
awyer but who is without practice, any desire for
Hpewdness Of the lawyer but Lot the industry plecns
lawyer pescemaser in any family; and M SIons
Of Mr. Stevens When lawyer does not expeih his smart
the world he goes % bis own h!esde, ana 70 tie
field exhibition of his legal sccenen he Is thorn ~
the happine. of some ore he well descended se IA, s
f mothers house has always Seen open h ss s ,snr
not n. % au. hssns He Ss evidently
and pleasure He has travelled good deal He !. fond OF his
.eifmportsnce lie !. Gcteminded with strong
strong appetite for revenge and perfectly oi conse
consdration Before the appearance Of the present diff
cutie he could not be called positively guilty and cruel
husband OF father but ceranyhe not dayoed
which disclosed by his sister in her evidence She tells
Da hs the mere touch % Of % the i etb descOn band
carried Mrs Strong to the lowest depths Of shame.
THE DEFENDANT.
The next person to be Noticed is the defendant She is
some younger than her husbands she has been
sou. from early life and according to aef venerable iahe'
ments Acts charity and religion have hled up her leisure
G she Of 1 sea M o n sfye M hes
sher the naw. come here and ike two brothers con
Wien this pIantf has prepared She is sad
been person ed with extraordinary beauty and she may
well lave riya-d the beauty which in the mythology
xas ~
By the world and all the bene Of the old and new world
theory hs that she meant TO commit incest and that she
did H. Although devoted 20 her husband he does not appear
to be devoted I'd SheI 5 sRd s ss Of any
Mr.. Graham then alluded to Mr. John Austin stevens and
said the las, remaining one in this case WA TINS ire
EDWARD STRONG,
since 1861 has been wdower his lie has heen one OF
pleasure lie has ostensibe occupation employment.
and his life has been characterized by the most internal
hypocrisy. According to the Rev Mr. Henderson, this man
has been deacon the Dutch Reformed Church Tor
eighteen months and his duty was oihcate AZ TIE
table and only think of this fellow acknowede
ing the crime which is here charged upon him by his own
brother there be doubt Of MS guilt and the
time carrying around the bread aud wine the most
solemn rite religion; and such l. the influence OF
this family at Wayerley that thi: man has not yet
bssn put upon fsl and dsPo;sd P, is0m e ni RGGT e,S
enjoying self eunnns fishing and boating lie has no care
on his mind aad yoa give the ps'ntii verdict ne W" ee
theory they present and they want you 70 receive H.
They been charged with forcing this into Court IL was
to the hien all OF which Peter Strong refused and com
menced divorce Counsel attributed srongs
his avaree There want of eandot
entire the part of the panth Why Was not
Edward produced there. though bis presence woud
be epulsiye to reply TO the depostons OF Mrs heekhef
There is also one Alice Oprady, who knew a. mgc1
Matilda Museh and she is iot forward Maiids
Musset that Mrs strougs beset by pmpng
watchers the note sent by Mrs Mary Strong to Edwpd
all the similar correspondence also suppressed III oIdef s
the Jury may Judge between the two brothers the commnDics
them wantng this shows the want OF cAdoi
tue part of Peter r. Strongi where the ~i' i not
produced for it would relieve this case OF all d"not
aud speculation Mr. Stevens says that he told Ny
! Strong that his wife always willing 10 aceonmo
date herself his means; he had her IN apartments un
sntea he. and made her the nurse OF ms aged mother