The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-07

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Continuation or the Opening Argument
for the DeSence--Review or the Testi-
mony for the Plainti3-The Case ADJ
tourncd, to Friday, &c., DC.
SUPERIOR ceURr-rBIAL TERM.
Before Judge Garvin-
DEC 6-At the opening Of the court this morning Mr.
McKeon continued his argument In behalf OF the de-
PENDANT The crowded, and the interest
In the case continues unabatsd.
Mr. McKeon commenced by abiding to the character
OF the plaintiff The defence had endeavored, by all the
in their power to keep the particulars OF the case
from publicity; but their efforts had been tiarted by
the opposite side They had 70 defend themselves before
the whole community. No motive except that OF
bad heart, had dictated such proceeding
on the part Of Mr.. Strong He mr. McKeon)
had been struck with the acting Of this gentle
man in court He wished 70 impress the jury with
tears He was nne actor He seemed to be the ad
mirer Of the player in Hamlet who had 'tears in HIS
eyes and distraction In his accent" he into open
court in hypocrtcal manner, endeavorng 70 impose
upon those who appointed as his Judges In the
for divorce Ihe ready TO take all the conse
quencea An action Of that description entirely diff
from that OF any other There such thing
as allowing divorce to gcby confession. At all periods
OF the world the marriage tie looked upon as indis
soluble ana sacred. he (Mf. MChoOnl WoulQ
affair Of Napoleon the First who made application to the
Pope for divorce The interview between the Pope and
the great conqueror upon that occasion was memora-
Bile one. When the demand was made by Napo-
leon be carried his request with threat to Kill
the Pope unless aflrmatiy9 answer was given.
The answer was;-"What would u avail you
Pope would be appointed who should equally deny you
divorce" In Of the States OF this Union marriages
York. The only plea for lawful separation the
ground Of adultery Mr.: KcKeon here read extracts
fom well known legal authorities on the Law OF divorce
and other points connected herewith Tho case which
the counsel discussed not . controversy between
and that party the children Of the contestants They
were the parties whom the plaintiff would cry over;
they were the parties for whom the mother was suffering
that day. and she made strong appeal on their behalf
Counsel here eloquenty set forth the temptations 70
which Mrs Strong was subjected BY her husband The
sanctuary which his friends the opposite side had
endeavored 70 represent IT. was the abode or wee and
Pu; S Win s nat r %ao r0Gns
had dwelt in all the capitals and fashionable
resorts Of that section Of the world In these local
tiles he had doubt learned all the Establishments and
looseness for which European fashionable society had
become famous. He next became the sutton and the
husband one OF the respectable and wealthy Of
our citizens She had been brought up in proper and
most religious manner We would ask the jury TO go
back to tho altar and witness that marriage ceremonial
young and blushing bride taken to the bosom OF
Of thirty who had TO protect and cherish her
On the Of the rite he mr. Strong did not
take his wife TO home especially set apart IOr nerSer
He had the means Of conducting her to large house. but
he brought her to house crowded with relatives OF
another blood-o his mothers home He next travelled
with her through Europe exposing his young wife TO all
the temptations which are with trips Of this de-
scnpton She came back without single shade Of
away from waSe1ey but he refused The only token
the husband gave OF his affection towards
his wife upon this trip was , the presentation a Of
though she in delicate health at the time After
wards he treated her harshy because he had not re-
her father &c had thrown the accusation frequently
into her face Mr. Stevens had number Of other chill
dren to settle in the world Mr. strong had been edu-
TO start WITH he had treated his wife because her father
had not given her money. Mr. McKeon after
on the intimacy Of MA Strong with Edward
had travelled in Europe and there also had learned
the various blandishments and improprietie: which
ton The jury should rec0lect that there was only one
party implicated with Mrs. Strong, and that party
law that the husband should be careful not to place his
wife In any position where she would be thrown open
to temptation The duty Of the husband was certainly
vent all conduct which should lead to improperly.
Was 1t possible for this intimacy 70 exist be-
knowing Of II. Why, the old lady who was blind
was aware Of the fact; yet the husband did not
part By the law man who killed another In the act
Of committing adultery with bis wife was not guilty Of
murder Jaries had oven gone further, and acqutted
ties Of his wife, The public sentiment Of tho country
had supported juries In this view Of the matter Mr.
treme measures towards his brother He did not cast
him forth from his home, but on the contrary treated
him with asctonate consideration, and 80 did all the
other members Of the family The evidence in regard to
adulierous intercourse was then digssted and ably
handled by counsel They brought forward the confess
q Sc Ss na q in Of
adultery. From 'BshOp on Marriage and Divorce" he
quoted 70 prove shi: argument ne showed that
:isi and free from oolusion. From shs Re-
yisod statutes he showed thss confessions must
p nos
committed BY some paftiee for the very purpose OF
divorce In case Of murder whore the party confessed
IS evidence safe 70 receive such evidence,
except with Independent evidence that the crime was
one oral and ths other written. Counsel rad from
whiteside'e Commentary sketch OF the melancholy
tragedy e B....o: cs Italian M sdy who wss
s:ssd me ns 70 dsss 1 RIM s'S:'
1s as; M'rs several. "a a: 'ss
thatconesons Of Che nature Of those In this case are
comparatively worthless evidence Ina court he then
proceeded 20 review the confessions alleged 70 have
been made and denounced them - unsupported either
BY intrins,oor external independent evidence BE
S. the o. NJ " o Ss s .SSc
January, lSd2 az argued, from the appearance Of the
have been written by lawyer Tho lettsr SVts written
for the purpose Of being produced evidence There b
~S asa. us r.. q
will enable parties 70 render the married life
hell instead OF heaven. The other letter.
dated January g. 1882, was also read and
he denied that the time which 1t was prepared was
ct Ill certain Where 10 the full and free confession of
guilt alleged have been mads In the letter. The letter
that ION the evening OF the 9th OF January the
confession was made How natural II would have been
TO have said 'ast evening" but this would mot have
to point the very day beyond doubt on which the
former letter alleged 70 have been written. The
husband wanted permit to do wrong and he turned
upon his wife and procured these letters 20 that he
might have them, necessary, h protection In court
The paper pretended 70 show that the wife made the
confession to shield and protect her husband. Was
that likely3 II a woman wrote the paper would
not the name Of Edward NJ Strong be men
toned in ~ Is II . full and free confessioas
Not q word Of denunciaton against Edward N Strong
In the paper II ought to blister the heart Of tho
plaintiff think that he retained those papers about hmm
Tor nearly three yaarn He not trying a DANGEROUS