Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-01-20

Arguments of Counsel on Both Sid
The Case deliberately Discussed.
FIFTH DAYS PROCEEDINGS.

FIFTH DAYS PROCEEDINGS.
The eager crowd in attendance at the United
States Court Room yesterday morning eylnce1
no diminution of interest with the CONCLUSION oI
the testimony, which the court has been occu-
pied in taking since the commencement OF the
suit. In all cases of a similar nature popular
curiosity is always on the qNi rire, and while
If is rather a morbid taste on the part of many,
Vet we presume such will be the case until the
1nblic IS educated up to higher stand point.
After opening Court the argument of Major
Pettibone was resumed, which occupied about
forty minutes. During the remainder. of the
speech made by this gentleman, he undertook
to show from the evidence that the plaintiff was
an unchaste woman. He argued that because
the evidence showed Mrs. Hull to have been
such, that therefore, the plaintiff must also have
been such.
Major L. G. Camp followed for the plaintiff
in speech of an hour iand half IN duration
He spoke of the contradictions made by the
witnesses for the defence, and particularly those
between Mr.. Lacky and Mr. Brooks. He COM
mented upon the character of the testimony for
the defence, and endeavored to show that the
defendant had resOrted to everything but direct
and satisfactory evidence that that direct and
satisfactory evidence could only be given by
the defendant himself; and that the nOn-ap-
pearance of the defendant had came under the
rule of law that says: Without exception,
where a party has proof in his power which, if
produced, would render certain facts, the law
presumes against party who asserts 1t, and
authorizes a jury to resolve all doubts adversely
to his defence.
Mr. Cooke, for the defense, replied in speech
of near two hours in length, and in the course
of his remarks, stated, as proposition OF law,
that if the plaintiff knew that the defendant was
amarried man, it was a complete defense to the
action that as the plaintiff knew under such
circumstances the defendant could not make
valid contract, and the breach of promise
made under such information could not be Wis
tied with damages He then argued that all
the indications went to show that plaintiff knew
defendant was married man and drew deduc-
tons in support of his position from the evil
dence %iven in the case, arguing TO that effect
from all the facts elected
Mr. j. a. Mckinney, also foT the defense,
then spoke His line of argument was pretty
much the same as that of his colleague, Mr..
Cooke. He appealed to the jury in behalf of
Davis family, and alluded to the defendants
that plaintiff was only actuated by desire for
gain in her persistent following of Davis and
cited scriptural quotations, endeavoring to pal
late the conduct of the defendant
Hon. Thos A. +. Nelson, counsel for the
plaintiff commenced the concluding argument,
that enlisted the sympathies of the audience.
He did not think the conclusions arrived at by
he defense were warranted by the evidence and
alluded to the quotations from the Bible made
sTrteUN- defense, who construed the Scriptures as
tleman were def1veIS-The remarks of this gen.
culiar to himself but just rs ~harate style Pc
warmed to his work. the lateness of the hour
compelled an adjournment of the Court.
We have not attempted even a synopsis of the
speeches of the counsel, but only endeavored to
preserve the line of argument.
Mr. Nelson will resume his argument this
morning, and as he has the last speech it is prese
sumed the jury will be charged this afternocn
and the case decided either to-day or MondaTo