, 1866-01-03
THE STEONG DIyOEfW CASE.
Tie Judxess Charge 70 uae J0fys
,Fror, tbe n. T. Trfture. pec, 81.


cnnrt. iury and reporters took their aocns-
ttued scats, and tle sarne lltt1e man, win
tnnV.rhItc hair and wrfnkicd face, and very
REGULAR voice, repeated for the tWenty-th
lime In this case the words. Hear ye. hear
ye," ETC., and thea came the solemn calling oi
Tic Jrry by Mr. Livingstone, and the varied
responses or the Jurors, one high, sno i9w,
one merely grrnt ct Affirmation aud another
a q lent rod. -Tbcname OF MT. BoF1J L Aca!'eos
and here there Is halt for about Hitecn
minutes, when the laegatd one comes lnto
court amid smiles and other Vi lblg signs Q.
setIsfactIor from ali assembled. The nAmes
nre again called On. Judgu Garrio, amid tho
nrofppudest silence, commences the delivery
Of bis charge: ......--#
TIE Jupo1ts CHARGE.
t.-ntku,fu ofkh< fury: This has been u long md
painful one Pesna' da - as 10 nes g
We can remember. II ts ons IN Whlch the ev!oenee
hss been extremely wide md the examination Or
the witneseea long and tedious. nse ~ psa h. o.
bear. ard 1t has been charscterized bJ eonoact On
the part of uoee who hare been engaged n toe
commission of these !aIious cmss, suGn - russ
You may hare thongnt during TINS tnres1sa'ion
ihaf tho court has permitted evidence to come be-
forc you which II might hare excluded uut hayo
6n.b that undeY the Tu1es Of Law which 10
cnyefn me- Ia this case az in MI other cases,
fhn evidence has been mostly md almost ea-
sfsn II We usr1e IN The evidence This evidence
il reference to the abortion. the mstarraec, Mhat
had transpised In the houst OF ME- Fotfcf At Hh-
1-rey- -nIsce. and many kindred tssues Of Tint do
ec1ipt,on looked at the dzst blush 4. though they
ere unq,us .n1a IT. nos ~ 70 ee ,ea
~ ~ how important III thess amir wer to the
material issues. Is having bearing and weight On
The beath q Ms ssEo1g ths tendency 70 psaye
dillon IN which Mt.. Potter VIA. what bad ttans-
pirrd In that house which vent 20 far Is It goea o.
70 s1o ,ni 6H 'hs ag :, 11a s1sSls
atound, correct and Judgment ~ between
In making up your Judgment In rcfereuce to This
cnsc upon lie lsl1es which presented to your co.,
ederation you aro made the sole and only Judges Of
ttc weight Of evidence. Yon aEe the sole Judges q
the Evidence what deetes Of errdiolag yo9 ehan
and how much you viii reject With questiona Of
1sw M you hare no:hine to d. Yon, take that ftoaa
% q % r. sen 81 Z oF FEY s1y S
Wien we come T. de eon.idsIs,ioa q hi: sa;s y
ind 4 to Be within ~ naow s1rs Ihe i+snea
10 reduce II to Whist Jon are to ind.
The Defendant Is chasgtd yith aau!tssJ. Ths d.
isese see On hs pa1t he a p
next ALLEGATION which you are to try IN the issues
selected for yonr consideration H. Has the plaintiff
Il. Poi,eri II il not neee,sa for me 10 aiInds 10
nIs,nih, M Who has deep Interest ID .his result -
equally @ Ok DEEP interest in i - wffe md mother
Ypu sfo 10 eay whether this relation sha remain OF
whether II shall be discovered forever. There Is an
t. Is e evidenced Il .hc a1cc assetnblaee hers for
Mc. Tbs vho!e people have q deep ia.et.
CO.. Concerned, the Two children. II is your
bonnden duty, consistent with law and with Tho
evidence, 10 glre such verdict - shall be.t pro-
1estiguilon which ne have occupied 80 many days
ln examining. The hrst question which yon hare
TO pes. upon !: Fl Has he guilt or tanoSense of
to desi Justly between him md her. You ste 10
extend no fsvor 10 her because she Is woman
e en e Es dem s 70 n! sy sas :; .s Ia,
g1isty .. list be Is lnnocep., Or that ha = guilty
q !, III as pso Il s q se.s 70
parties were On Fial before you today, and had
been Tor the LIST fse weeks or murder, the highest
70 M toay 70 we @
fo1ms q law; hut Il they stand On tie outside of
this icmric Of tn1uee md five hundred Witnesses
Hp I'd hey ais at, OF mde # i not o. N .ues
proof or auch etidenoe Thai you could pronon1es
them guilty. The law requires that these should be
Se e sas M oi
you ulust ehow that tT1mo has becu committed,
then you ase 10 look around after The person who
direct examination nd how she varied nom i. On
the cross. All these things you an 10 take into con-
aideration In making Ap yonr mind ii to her consd
that SIC vas moi mistaken, and hat shc declared
actually what took place Then We have The evidence
Of Mrs. Hutchinson, the old nune rho had been
the door 0! Edwasde !oon and the peculiar mAnner
In which she described her unufng up stairs To her
Own room. Remember md take Into con liberation
guilt or innocence Of this woman. Then Comes tho
evidences Of the Ro1erEess In reference to what oc
cured Ut Twenty-nrrt st. Edward came to that
nsnaod; Tho Cover ness had particular room
which she occupfed, and oy re1.on Of calt at The
ssc went m for MI ors 70 be-
went 10 her oWn room. Now IN starting this tuTea
tiGattou this woman u psesumed to be innocent,
nut bc proved to b 70. Wn.t terrible thine il
would be II nan or woman stood 1t tho ,ndcy.
,hs eap,ee q sseart Or Ia55, and yete not to se
iy1ng al Waye.3ey lu The house o ihe mother Of her
.hueband- They were surrounded By the common
I'D 81 u EEL sn1
dinafy comio1rs Of tho,e with whom they hved. In
that be- lid 70 tsf - Ill svdeuce showe, thst anf
Thing i1nsupe1 saa occurring between hts wife and
anybody eise. IL an alleged confession made by her
The hrst wifuesa fs the goyetncst. whom you s1w
upon tho stand. 2he il called for the purpose OF
SLOWING that Oh one OF two ooea1ion. shc saw tnis
woman 80 into Edwards room and come onk or It.
She gives you ali ibe cffrrrnstanees. She found
The door locked. Sbe says she did not lock it. She
;Dd ns ~ 20 " il. ~.
Strong uas not IN hess and che could not get Into
her own room. Nov. gentlemen. on that evidence
1ere ia IL liz. room. t ,hey wese IN ;bat room, aud
the dooE was locked It ID for Jou to ray wha they
we're there fof 10 .rgued On ne other SIDE that
Edward may baye oeen oqt, and that Peter the bus
hand uuay haze been Id the room,
The next point IN the case WAS her confessions
| these were Of two kinds, oral and written. Orai
/ confessions orc LOOKED upon BY the Law IS very
dangerous kid Of evidence, and muat he received
| with grtat caution. a word may be interpohted
HhicS would al,cf he whole meaning. pgs Il the
Jury believed them to he true and properly detailed,
tn : cate. Now fos written confessions; It was
remarksble thing that be. husband, who, up to That
anything, should first hear Of this from hts wife.
! But .hey must remember the .clsrnmst.nces-
Sssa fsS SsS I'd Il 1ofss a g
1eil md darEnefs Which surrounded this nan she
msdc her confession. Did her conissston state the
es.s 10 1 Ss Ct ads @ af a n ID. 3s
condition when with Edward Strong, and Z insane
responsible, md her admiseIons cannot b taken
aesfrst her But this intanity must be proved BY
the defendant, and, ~ he remembered, no ha&n Or
woman bad been called Who testified to heg state Of
mind; go, too, she was raTiAhed, but did she CT
out! did ahe retst. did she tell her husband Of the
outzngs committed on her, Or did she. a. was but
natural, shrink With honor from her savlahes. @ O.
dr1t to the last! He. a. we'll A. tho Jury, felt the
deep obligation under which they labosed. Let,
f Goo a1s s:s snSs D. I'D Ds II
aenee d he cue, md L icy I'd hsr su1i, q III.
horrible crime, they mus, IND the tss1e IN fa7oE OF
e.n t pon, e., .ss9 ss'd dna AID som: E. E.
| que.t1on Of forgiveness. Forgiveness n1eaut
reconeilia.Ien, 4 sesto1aaop 1o conusal
by e1rrsss proof or d voluntary consolidation u
The parties, with knowledge Of he facts on thu part
lie husband: Now, - 10 the proof Of reconcilia
1snt, S He saw 10 Fessoa ior dt.bsliesine hin; b
gave his testimony With great itanness. aud stand
ipg there nnder al the solemnisy Of his oath, with
rad whsn g. spote to her she saia, Father, i Is
al true" He te1ls You that Mr. Strong ea.d they
weze rcconciled, thai they Monld be before he
forgiveness and hurTtnc Of the dread secsot be-
tween them! Then ~ to the voluntary cohabl.a-
ton the living together y mhn and uiis. Cohaes-
not ~ br,ther and tlste1. not a. father and dau2h
ter, not as mother and eon, but living together As
tation. They should remember theJ occupied sspl-
rite beds, bnt she presided At his table received bis
fdcnde, taking czfe Of bis children, prnte.sedly,
I oatwasdly. living Is mn and wife-9d ~ thts
hsd cohshlied with liz wife Al Twenty.dEst street,
I*lip or elewheret Then If he did, be losgaye
her and coudoncd the offence. He would at ibis
lime cali tbeir attention 10 another featnrc a. the
law with regard 70 confessions. II these coufta-
tfons or admissions were obtained by fraud, y1o-
lerce, or in any other manner than the free viii OF
the defendant, they could not b regarded at all.
With regard to the adultery Of Mr1 Strong, tie
eaue rule must spply; it must be proved, not eus
peeted. TWAS conceded that he went there; now
lbe question psr. Did he 60 there r. be claimed
fsr tie pnTposs q hssins Illicit tntsleons.e viii
Mrs. Polters II the Jury believed tho evidence ot
Me. Smith. tbers wa1 an end Of he eass: Nwhat
coulyocation IN the matter. and 1t was entirely
attet Of belief on the part Of the ,uy whether they
credited her Or not. They must weigh MI the ctt-
cumstapces OF the cAse caretuly, take into constd
Grafton the health q Mr. Potter. The opportunities
and aYrtse 1t result in accordance with jnstice-
feel that have tiled TO do my duty; do you do
yours, But, gent1emeu,by all means agree ibis
caqe can never be tried again. You h4so all the
rht which can ever be brought bear upon it. and
may the Supreme Judge Of Ill sid you In arriving