The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-05
THE STRONG DIVORCE CASE
Motion 60 Dismiss tho Com plaint-
Lengthy Argument fn support by
Counsel for the Defcncc--A Non-suit
Not Granted by tho 6udgc-Opening OF
tho Case for Mrs. Strong, sc.

| Counsel for the Defcncc--A Non-suit
Rot Granted by tho Sudgc-Opening OF
| tho Case for Mrs. strong. sc.
SUPERIOR ooUsT-rLIAL TENN
| Before Judge Garyin
AZ tho opening Of the yesterday morning Judge
Mcneil occupied tho bench. and this fact led many
suppose that the celebrated trial, which occupied the
whole Of last week. about 10 be again postponed for
some unknown reason at the usual hour however for
BEGINNING Judge Garvin made his appearance, and
Judge Mcneil mncdiaely announced that owing to the
Strong having from last into tho present
one there being other suitable In which the
could take place, the opening Of tho December
would stand postponed for one week. q.
Judge Carvn thcn exchanged with Justice Mone
when the roll Of the jury called and all the mem
| bers were found in attendance
MOTION TO DISMISS TIE SUIT
Mr. ElbriGge y. Gerry therefore and delivered
long argument lasting three hours favor a dis
missing the complaint and rendering Judgment for tho
defendant He preaced his by remarks as 10 his
own connect on With The case, how The late VIM Curtis
Noyes conducted H. and what efforts made pre-.
vent the unfortunate suit from com ing 10 public trial
TO avoid tho scandal which such litigation
Mr.. Cram interrupted Mr. Gerry in his predatory re.
marks and said lie understood that motion 10 DO
made, and not an opening address delivered.
Mr. Gerry would like his friend not 70 be quito pro.
ctpate and begged that DO would not DO interrupted
again in his argument ..
Court--Mr Gerry says he has motion TO mako and
Mr Gerry then resumed Before proceeding to arguo
this motion wish it here 10 lie distinctly aud uneqayo
caly understood that when make use OF the word siam
lily" in reference to the plaintiff. that word ia To DO
sdcred applied Only 10 the residents at the country
hou at Ncwtown whose names have been mentioned in
tue course OF this trial make this statement because
whit say is often misreprcsented and there may be
persons bearing tho same naino As the plaintiff not IN
Gay way connected with this litigation and who there
fore not included in what shall deem my duty to
remark in the course OF this motion The council then
moved 10 dismiss the com plant on the grounds that
pioaf, that matter OF law the evidence OF the plaintiff
L got sufficient to bring the matter within the statue
aud 10 entitc The plaintiff to- divorce pnenlo tho
ground OF adultery, that tho jury should be
directed to End for the dcfendan, on tho
the FIRST nine issues framed tho positive avcfmens
tie compliant; and th.t the jury should be directed TO
ind general verdict for the defendant on the cage made
by tie lashf IN entertaining this ioGriod motion
thc coGuao reG) uis cause TO DO regarded by the
court the ilht Of criminal proceeding and the phase
Presented bY ~ aS motion Tor an acguit,a on the plea
Of ''not guilty." on tho case made by the people In
other words assuming Tie defendant here 10 DO triad
for the offence Of adultery which IN some Sates Is IN
dsctabc BY statute and The people TO have rested and the
defence 70 80 70 the jury on tie evidence as It stands
OF Judgment 1t The duty Of the Court 10
nonsuit plaintiff whenever the evidence aaduced b. him
insufficient 10 warrant vera in his favor; or where
sgch verdict be found upon such evidence, the court
motion for new trial, appeal would setit aside
Yhs general rule applies with equal force to the failure of
proof OF specific fact essential TO be proven order
to enable tho plaintiff 60 sustain his Judgment And tho
role applicable, shown In all cases ordinary lltga
where grave and seroGs charges preferred against
woman by her husband, affecting her honor, which is
dearer to her than life itsa and which charges II sus
tanned rns blast the future OF her innocent children
Il Is submitted that such charges, made in court 81
| equity, require the most positive evidence 10 sustain
them Tho deity Of the Court then Il to direct verdict
for The defendant when the Plaintiff establishes Only
possibility" or even a probability" Of Tie exist,
| cree of fact upon which his nght OF
| acton essentially rests. Tho evidence which the
plaintiff here rests Is entirely insufficient to warrant
the jury IL finding verdict in his favor, either
| generally or upon the issues framed On the Original
peadings There % no proof directly Of any
act OF adultery There IS not even proof oil singe act
famiiarity between Mrs StronS and Edwardnothng
that she rode, walked and drove with him openly
| and The testimony OF some Of The plainnirs hired
tnenals that she coming out OF EdwaPS room
in The Daytime IL the mere fact that maried woman
openly rides, drives and walks with a b,olhcrn-iaw,
and is coming out of his room inoroad day. AZ
time when Il s family and servants wouu inevitably
IL, and under the family roof be su,ent FOR the nfcr
munty is safe from charge Of intst in her house
Besides all this both Mrs Stronghold EDWARD are Shown
to have been members OF RELIGIOUS aenoHna,ioh mus
sIohstnonns the pIesumptia , Nv ny d ,ni
ton And as iattor OF ,. tnc mere ruior ana laik
| as an open and NOTORIOUS fact, is insufficient 10
sustain conviction for che offence Confessions alone
are not sufficient TO Rove adultery, and consequently
the inury IA whclor there bo such coroboratve cir
c,mstances Immediately connected with the alleged
LESSONS as TO rcne such alleged confessions competent
evidence of the fact Blackstone says sthey the
weakest ana most suspicious OF all testimony,
liable TO b. Jtancd by ar,ifce false hopes promises of
favor on II, alccs seldom remembered accurately re-
porcd viii duo precision and incapable in their nature
OF beng dsproved by other negative ovdence.n Even
IN ;ha ecclesiastical law they only admissible
ncction with the circumstances and tbs courts say
| that tlcy are almost bound not TO grant divorces
| under tho 105.h canon on such evidence alone
/ The lite Chief Jusiics Oakley ruled IN the Forrest
ayoite casc the leading in this State. that The
fact sr the adultery mrst be proven He excluded
verbal confessions tho absence OF such proof aud
cont Of lat resort upheld his ruling. SO whore
,nfu suffering under n weak state OF health rpg,iiin,
r,n miscarriage, is induced by superstition or pre-
| tended religious cxhorsation 10y many wears her
sclc, under the influence Of morbid religious excite.
titnf fN9f tsu ~
oft motive 4 u submitted that without proof If The
tai commits. ion OF the crime her ''conosson Of il is
20 proof whatever OF It's commission Nor tho
called verbal confessions the present slgcng
- the pretended letter TO Edward y Strong ana the
Triton statement OF January 1862 The paintig
WIN hcr N Tue same house al the time, ana tie law
lprnsurcs that lie obtained them nf she ever wrote
thcn) by threats and force There Is no Affirmative evi
dence before the Court TO support the eighth issue show
ng the nbscnce OF The conniyancc procurement Of tho
adultery charged by the plaintiff THIS Is fatal since no
must establish this in order 70 enttc him 10 divorce
under the statute ard the evidence stands, Ii
! Mrs strong did commit tho adultery charged IL must
have been by his conn vance and procurement Active
corruption Il not necessary II the husband saw the
tran hid and the trap sol e. entangc biz wife, II
enough uI,yery husband is 20 be considered a. the
guardian of his honor II may be compromised ~
total disregard q biz gym and Of tho reputation I. u.
oy SEss q he i s Sa Sy rsSsS
vigilance which the law requires at hs hands and by
temptation Under which she has fallen such husband
MAJ be held 70 have been Immediately instrumental In
his dishonor and rrecuded from the usual remedy
" GAGS q e.ntsTy' Now constant intercourse con-
not clandcstne iu the subject or conversation
among servants and friendsrases grave suspicion Of
tho husbands knowledge and aegulesccnce The eyi.
dence thus far adduced shows that this supposed init
macy carried for two years in the very bosom OF
the plaintiffs family and his evn house His sisters and
servants undertake to show hat they saw IT, and his
mother hesrd Of II. Indeed Mrs Bedell's only fear
appears to have been for Edward o she says she spoke
to him Of his undue attentions, she tes TO bolster
Up his religious character by swearing that
| Mrs. Strong and not he, was 'the temper
Indeed tho whole family seem TO have lelevod that he
was scduced and hence they send him pIaenls rejoice
TO him NJ VIC family mansion, attehd 10 Al, hnsno
fog ein and 8 %. Of town lSsA 2nd coDsoe l5 II
such course OF conduct be consisie III TIC plantis
Ignorance Of this supposed incest the nc n'<yl
rcmarkgbc as showing the raro affection Og family for
brother whom they seek 20 prove has Committed a
crime hardly to be named among Christian peop T,ut
al Llls SHOVE that neher the crime II u a.