The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-02-16

time nor at any place; was never at No. 1918 Wood
street with Mrs Charles D, Robbins; was never at
was never at any other house OF prostitution or
ill-fame with Mrs. Charles d. Robbins; there was
Charles d. Robbins at any time CT any place that
would induc 1uch suspicion" Mr.. Elmes says:-
Robbins; Mrs. Robbins has never committed adul.
tery with me; have never been with her in any
house In Wood street nor IN any house OF prostitu
IL is due to both Mr.. Fetter and Mr.. Elmes to say
either Of these gentlemen were at either Of the
houses named or at any other house Of ih-fame
The next matter for your consideration will be the
testimony relative to the alleged improper inter-
views OF the respondent with Mr.. Fetter and Mr..
The libellant, neither by himself nor by his wit
nesses has been able to establish any such interviews
between the respondent and Mr.. Fetter. Aud the
only interviews which Mr. Fetter had with the
spondent when her husband was not present was
when he called one evening TO see Mr.. Robblns Mr..
Robbins was not in he spent twenty or thirty
minutes with Mrs. Robbins, and returned to spend
the evening with Mr. Wilson, where he had left his
wife. Again. when he called, with his wife, and
they spent the evening with Mrs. Robbins, Mr.. Rob
bins coming in as they were going away. And the
last occasion, when he called on the morning OF
the separation with message to Mrs. Robbins from
Mrs; Fetter, when he saw Mrs. Robbins and her
mother at the parlor door, and they narrated to him
the unhappy occurrences which were then taking
place.
proper interview the occasion OF his visit to
them by invitation to take tea with them in 1855
Robbins had not got home, and he went into the
parlor and sat down on the parlor window. Mrs.
Robbins came in and sat down on the sofa. She
came in and right out again; and at the request OF
Mrs. Robbins he told Mr.. Robbins, who came in
two minutes after he arrived there that che had not
seen her, or that she is upstairs; have just this
moment come In >" This he says he did because he
heard that Mr. Robbins was jealous man, and he
obeyed Mrs. Robbins instructions on that account
SIT is all the explanation can give; 1t was the
work OF moment; hadn't time TO think"
1t seems to me that this part Of the entirely
fails OF any support by The evidence, and that 1t
would be dnlcult to find in the lives OF any three
persons charged with the heinous offense of adu-
terry little even of the ordinary familiarity which
frequently accompanies intimacy Of acquaintance,
as the evidence exhibits existed between the
spondent and Mr. Fetter and Mr. Emes.
You will, however, take all the evidence on this
pointinto consideration and give 1t such weight as
Yor VIII also take into consideration the conduct
OF the respondent and the parties charged with her.
and see II 1t is such as you would ordinarily expect
OF persons charged with grave ofense this.
You will also consider the testimony of Lppincott,
| who Gays he was induced by the bellant to COM
init perjury against the respondent and the tssti-
| mony OF Kate Bond, who says Mr. Robbins asked
when he called on her at No. 11O6 Sansom street.
and she was showed the photograph of Mrs Rob-
bins by Mr.. Smith or Mr.. Robbins, and asked
whether she had ever seen that lady,
or course no reliance can be placed on the testi-
mony q witness such as LPpinGOtt who % admits
unless you ind support OF it In some other part OF
| the case.
| The only circumstance which remains unex-
planned as bearing upon his testimony is to how he
obtained his information relative to the respondent
having asked the forgiveness OF her husband, and
to which he swere before the examiner, II it was
not derived, as he it was, from the lsellant,
where did he obtain the knowledge or in rormation2
Neither the libelaDt do any OF the witnesses say
that he was present at the interview n which this is
said to have occurred II Llppncott heard her say
| 1t, the presumption Is he heard ID when he oame
into the house to get the trunks other parcels to
go in the carriage, If he did get them. Mr. Robbins
the brother OF bellant says it was said in the sit
| uug-room about the time she was leaving, before
the conversation about the bonnet and that In reply
/ a nj
told her It was no time to talk OF such things, that
thee the carriage % was waiting, and to get ready her
seem to imply that 1t was said before the things were
You, however, will consider this testimony, and
give it such weight, and such weight only, as you
| may think 1t is entitled to.
| OF Mr.. Charles Q. Knight He went with the libel
liant and assisted him in the preparations his
| and excitement appealed to him to be permitted
| to explain, and the scene was so unpleasant
that he went into the adjoining room, he refused to
lAten to her, telling her that Mr.. Robbins had made
| no explanation 10 MIN. He afterwards said 1t was
true that he had made no explanation to MIN, and
| going to separate from his wife.
make no comments on this testimony, but leave
| 1t with you for your consideration.
You will also consider the evidence relative to the
intimacy OF the bellant with another lady, and give
to 1t such weight you may think it justly entitled
| TO In your consideration of the case.
There is but one circumstance to which call your
The iibeIIant says ut was he thinks about 1883,
may have been 1854, his first visit to the family
| OF Mr.. Shourds."
This was year or two before the difficulties with
| his wife began 81 visited the family often," he
says Sin 1865" This was the year he sent his wife
| away.
This sad case is about to pass into your hands
Your patient attention to 1t during progress
the trial assures me that has received, aud will
receive from you that just and intelligent cOnsidera
| tion 10 which 1t is entitled.
| You VIII try IL by the evidence, ana by the
| law as i have instructed you In the law, aud by
these alone The burden OF proof is the libelant
You will judge OF the facts as other OF discern
ment, exercising sound and sober judgment on Cir
| cumstances that are duly proved, judge of them,
ugs that the respondent is guilty OF the oense OF
adultery with which she is charged. The burden OF
| proof is on the libelant You will dismiss from
your minds all improper feeling for against the
| one party or the other. You will not suffer your
Eympatbies either on the one side or the other to
| improperly influence your judgment. Not that
| human feeling is to be entirely disregarded in the
Judgments which we are called on to form; for the
heart is sometimes wiser than the head, and think
IL may be safely said that where a man has heart
to feel he has no head to Judge. But you will decide
the case from the evidence trying that evidence by
| the clear judgment OF your minds and your know
| lee ge OF human nature, and you will render such
verdict whether for the libelant the respondent
as is and may be the result Of your clear and debe
| rate judgment
The jury retired, and after being out all night,
| this morning sent word to the Court that they
had not yet been able to agree.
NY. MONEY MARKET YESTERDAY.
| Ftom the Herald
money was easy at four to five per cent The