The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-30

her husband rhey were surrounded win the ordinary
comforts of peopIo In THAR station or life. IL rs not
necessary for you 70 find that they had anything extra
ordinary They had the common comforts OF those who
ssS "a a ns aas to his VIE that
ought TO gryes In this condition they lvedno break
up-and the nrst intimation no ever bad, so Tar as
occurring between herself and anybody else was in the
comm unlcaon from her TO him. What Is the evidencef
shan not 60 over H. but shall refer TO It, The first
stand sne called for the purpose OF showing that
ON one or two occasions she saw this go the
room OF Edward Strong and go out You heard her d.
rect examination You know In what way she offered
her sexauinaon. II Is for you TO say whether she
WIS telling the truth and whether her examination
offered from the dreewhether she took anything into
lhe examination that omitted on the direct.
All these things arc FOR your ATTIC Won Are 70
was not mistaken, and whether what she
ence OF the old nurse Mrs. Hutch nson that
she saw Mrs Strong coming out VI Edwards room aud
going up 10 her room You must take into con-
alteration all the circumstances connected with the i'm
propriey, with the guilt or innocence OF this defendant
stands before to be judged in reference 70 the
the goysrness what occurred at Twenty street
Edward came TO this house In Now York. IL was oc-
cuped by Mrs Strong and hor husband Tho goyerness
had q particular room that she occupied. She had
reason by call ut the house. 70 go up for Mrs Strong
She not there She went TO- another room and gid
not ind her there. She went 10 her own roomt yps
locked She knocked Ut the door, but got 10
answer. Edward WAS not in his room. Mrs
Strong was not in her room If they in that room
they were there for There Is the declaration Of the
governess that she did not Edward II was In part
of tho day when he might have gone oel All these con
eideratons are for you You are take all these facts
into consideration--the way ia which they rode out
togethsr-wont 10 church ogethersbe being going
nto and coming out OF his roon and staying there for
long short period OF time All these facts are TO DO
taken into consideration by you in saying whether she
Is guilty or innocent Of this terrible charge Now
gentlemen. n
evidence independent facts, each bearing on tho
other Won must ind these facts as being clearly and
distinctly proved II ID be necessary in this case in order
satisfy You of this wornan's guilt that each partlcu
lar fact depending the other is necessary 10 make
such q chain, you must lind each link along the chain
clearly, fairly honestly End truthfuily proved The
evidence relied the part OF the plaintiff 10
consists Of two branchesone oral the other written. In
the confession is my duty say that oral
confession Is the most dangerous Kind Of evidence and
should DO received by jury with great caution The
reason assigned for that by the mott learned judges
have bad ID this country in England is that they
are liable to be msrenenbered You may inte polaie
word that may change the whole sense. You
may drop 3 word that may entirely change
ts meaning; the witness 'estfying may nos be able
it was stated the witness may not DO conscientious
in reference 10 wha. hs is saying. You arc the
judges Of al this by these rules yo ,,o are 70
the witness mas sad merely what The party intended 10
say that would not DO sufficient, Unless gave the wors
used which would be strong evidence 10 corrobofe the
sgatsmeut tho part Of tho plaintiff. fhe confession
hrs been presented to yoc in manifold form. Yon recol
cet the Testimony OF the witness Mrs Bsde.i who gave
the substance Of the confession She simply remembers
instance In which stc give the exact form oad
expression 10 al oher instances she gives the sub
stance Of what stated 70 her by Mrs Strong. II
yon arc satisfied she - conscientious witness-n
yoB becve What she 4ayS-n YOU think she
has MOI failed 70 state in thes' letters and N
conversation with Mrs. Strong what trcnspTed be-
tween Them, il is strong aud goes 10 show what she
stated IS true. All this arc 10 Judge from the nature
of tho evidence Itself Then have the evidence Of
BENJAMIN II
Love her statement Of what took place between hcrseh
and Mrs Strong o, tho -, Julian Hotel il goes strongly
cofroboiate what stated about her confession The
evidence OF Mr.. Stevens and Mrs. Hecksher all tended
in the direction far the oral confession IL
cerned As TO the written confession IT remarked
by counsel for the plaintiff as remarkable thing hnr
husband hearing OF !. from herself before being told
by any one elseas wonderful thing that she made that
confession 10 bim You must remember the crcuntances
under which IL all TRANSFERRED Here sick child
and sorrow and anguish the home. II you commit
child TO the grave you would know something Of
pain The terrible day was over and upon the lost and
buried child Heaven sends down ts prayers. The black
moss Of darkness was gathering over this family, and IL
alleged that in this cloud OF anguish aud sorrow she
made this confession. On the next DAY after the burial
January she writes this letter alleged have been
written and the day Il is alleged that this writ
ten confession made again 10 her husband In her
cwn hnndvypg and pr2duccd TO you here in evidence
Does this written confession admit The facts IN refcTsnce
70 this ease? IL IL true that she committed the offence
shdowed forth in the evidence Of the go9cncss nt Wa
vcrey place or in Twenty first street, IL true that oil
this oral confession IL q true statement Of. what
had really occurred II it did really occnr you
sby this written confession refer 10 the be-
tween herself and Edward In the fear Of God You arc
bound discharge your duty without fear favor IN the
plliptn--nithout bias towards any against any
one-witbout anything in view hut the solemn and I'm
obligations under which stand here o-day-
without anything the face OF the earth but the evil
den.c AMI the rules Of law which shall lay down 10
This is the first great issue in this Of the
most important Issues IN the case-and on yorr finding
depends not only the happiness of those people but their
veal for time, and al.ct them when they
have passed. on 10 the Great Judge who Is decide their
10 lies IN III nj
find this ISSUE against her and in favor OF the husband,
then mo ncxt ISSUE ~, has The pnin,a forgiven the
defendant? Now g.0tlemnn in considering This view,
In reference 10 tins question, You In The first place,
10 understand what forgiveness means IL rs roconcIa
characterization TO coDilgal rghts--reunon oi the
parties Now, has this been proved nv express proof,
mas II been proved by voluntary rehabilitation on the
pat OF The husband with knowledge ON The part q tho
husband that this crime had been committeds Has II
been proved TO you by express proof not implied in ibis
caseY Tho evidence NJ. stevens tina, part OF the
refer TO- He did no, say ha, III. strong said
II Going 10 forgive you. Having reference TO the
the i;ure yon mus take that there express proof
OF reconciliation express proof of reunion. Now, gen
temtn, look nj the proofs in the You
remember what Mr.. stevens stated, and reason
in the world to disbc'eve what he said You are the sole
Judges Of that With you i rests TO believe or dsbe'
nessgrcat and unusual forttude. When he was asked
what he said to his daughter, he said, What Is this
story between you and Edward that Peter has been
telling meg He stated you, under oil the obligations
az oath, that she said at Is all nue father; every
word Of it, Did she refer 10 her coniession Did she
that Won should remember in connection with this case
Again. he says in reference 10 this conversation between
him and Mr.. Strong, .Ie said they we're reccIc,ed
She 10 bring up his children; she was III. best
person do H.; that he ~ live with her before
as regarded the world You remember all that
testimony the part Of Mr. Stevens They wrrc 70
hold themselves TO the world husband and wife,
bearing with each otbcr--though the known
TO them, 70 Mrs Strongs father and few ohcrsand
let the remembrance VI oil he buried in the grave
There Is other evidence the subject derived
from the testimony Of Mrs. Heckshcr-somc other repre-
sensations 70 the question Of forgiveness You heard
how they lived after the confession after the death and
burial o their dear child They lived in the house.
they slept Ia the house. There IN some evidence
that they occupied separate beds All that you are 10
take into consideration In making up your minds the
second branch OF the case, Is whether there cobalt
tation husband and wiie--not son and daughter
not father and daughter, not brother and
sister but husband and WIFE That Is the definition
Of husband and wife, They lived In Twenty first street
they 10 Islip; they short time nj Waverley
they then went TO Mrs Heckshers Now, when they
in Twenty FIRST street is there evidence 10 show
that they cohabtod together You rccollcct Is
proved that they had separate beds They lived In tho