The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-11-05


by Major A.. l.. Robinson, who, addressed
H the jury on behalf OF the defense. i'm a
speech OF nearly three hours in length and
OF great power and eloqnence. He stated
4 the Issue plainly and showed the wide lat
u ttpde that had been given it. He Handled
tho plaintiff and his witnesses Without
gloves. His speech made unmarked im-
pressiSn on the Jury, 1.-THE close of his
speech he submitted two items of instrue-
lions which lac desired the Court to give,to
the jury. 49, ynl
I ] OoloneI James spoke fors nearly three
hours, IN the afternoon, apd made a mass
4eAy and nbIesp 80 much NO, indeed.
that the counsel for'the defense were not
without some anxiety as 10 It's effect upon
the jury. Colonel Jones lis acknowledged
to be one Of the most able lawyers at this
bar, and, on this occasion, he made one OF
his best efforts. We regret that we have
not room for a lengthy synopsis of these
| speeches. Iffyr<f tFsf gg
After the close of the arguments, which
| were listened to wifh profound attention,
Judge Pafrett delivered the following able
and comprehensive ~
1 49, cfIAHGE no THE 5UaHaw ~
| You. have patiently listened 10 the testi-
/ mony offered by the parties 70 this action,
| for a much longer time than is usually oc.
cupied in the trial OF a single cause. The
/ parties In this suit have q right 70 expect
| OF you a careful and candid consideration
| OF all the testimony produced before you,
| ana phat yon VIII use the best means
within your power 20 arrive az correct con-
/ h The argument OF counsel il entitled
1 to a respectful Aideratlon; but Is valua-
ARRIVING az satisfactory results upon the
| law and the evidence applicable To the
case. In all civil cases 4 y The duty OF the
YOU, for me 70 re5tRte the iRspes 81 fact.
made by the parties, which you are %. de-
| termine by your verdict: The plaintiff, in
substance, alledges that, about the Ist OF
| October, 1865, contract was made be-
eS and t4s sssaaaEd E Win
the defendant, William l.. Edwards;
and, while she was single woman,
that he would loan TO her so much money
| as might be necessary TO purchase house
| and lot IN The city Of ElvaIFville, and that
she agreed, tt1at II She was unable to repay
| the money so loaned, she would convey To
| him the property thus purchased; that Ia
pursuance OF this agreement he advanced
| to her before her marriage the sum Of one
| Thousand dollars, and that after her mar
| riage he advanced under the same contract
four hundred dollars more of the money
which he had agreed To loan to her, and
that the defendant failed to comply with
| her part OF the contract. f.,..
The defendant apsWers these allegations
| bysa general denial by pleading pa yment,
Indebtedness by the plaintiff, for work and
labor, and that the money mentioned In
| the GQfnplHi nt Nv 0ai 0sue9l and mot loaned.
| The burden OF proof IL FIRST on the plain
| tin; that Is, to enJitle him to recover, he
must satisfy you by preponderance of
| the evidence that the money, or some part
OF ~, was loaned 70 the defendant a. he
In determining this part of the case, IL is
| proper for you TO take into consideration
all the evidence adduced by the plaintiff
tending to prove the loan as alleged, and
all the evidence addueed by the defendant
| tending to negative or disprove the propo-
sition that such loan WAS made, as Well
as that which directly denies the plaintiffs
| allegations. In this way you must ascer-
| tain whetheFt the money sued for, If ,deiiv-l
| cred at iJls .waS Delivered as o. loan, or
| whether IL was received as gratuity or
gift, or upon any other consideration with
| The understanding or intention of the par
ties that It should not be repaid. 4.sr.
III one delivers property or money to an
other, not in the discharge OF some exist
| ing obligati on, without any express con
tract, there Will in general be an implied
| contract presumed that the property or
money 80 delivered Is to be returned or
| paid for.
TO constitute gift, it must be mutually
understood as such, and upon this themO-
ney or property delivered TO the donee;
| after which the donors rights Of every
kind in the same, as between the parties,
are completely and forever extinguished.
Money paid to induce another 10 do an
4 unlawful net cannot be recovered back, al
| though the person receiving ~ refuses TO
comply with the undertaking by commit
ing lfewfong. Andif IN This case IL appears
| from the evidence that any part OF the
9y e. the hf Y So
| as a loan, but for the purpose OF inducing
| her 10 separate from her husband, II
her tohve with the pianiiif, the money 80
| paid could not be recovered back, any
agreement to this effect being void as
II on the other hand, you believe from
the evidence, that all or any part OF the
money mentioned in the complaint was
4 sloaned, ancsno lot given, then The plaintiff
| will be entitled TO recover whatever
\ afnDnntyOu shall so find, without reference
| TO any wrongs that may have been COM
less II also appears that payment has been
made, or O re-ease given upor O sufficient
consideration or unlessit rs further found
| that an amount equal TO such loan is due
| from the. plaintiff for work and labor
/ claimed by the defendant
/ My attention has been directed by coun-
sci for both parties 10 the receipt offered
| in evidence in this suit 1t only seems
4 necessary, to give you the general rules
| with reference TO such finstrunents, A re-
ceipt As prinad Jdcie evidence or Its con-
i tents, but is not conclusive, and may be
/ contradicted, controlled or explained by
pavoL evidence, ann asked by plaintiffs
I COUNSEL to say 10 You thats1g t'# ,Ih
eff IA receipt Is delivered as an escrow or
eondiiionaily. Atsis not binding until the
.conditiop y complied With, r9ceipt for
smaller 81 Ter sum paid, is only valid As tofthe
amount paid, which fs' correct, as far as
/ You may lind applicable 10 the evidence
lam also asked by defendants counsel
/ TO say TO you THAT III the money mem
toned In the complaint was gift from
! Hedge to the defendants, he is not entitled
10 recover in this suit thatif you are sat
| isfied from all the evidence, that the
plaintiff parted with, his money without
The Intention of getting or receiving u.
| back again, he cannot recover" Whleh ~
substantially what have already stated
to yOu.rf Etnra ErtfI
| IT is the duty Of the Jury to decide for
themselves the weight OF the testimony
and the credibllity of the witnesses. There
/ Is this distinction between testimony and
| evidence: everything that Is testified to
| on the trial Is testimony. while only that
| part oft which tends to establish .or dis
4 prove the truth or the matters under In
i u%tig 'tion can be regarded as evidence.