, 1872-10-17
BLAKE VS.. BLAKE.
Plaintiffs Eotion for a. New Trial 0verrued
by Judge Gary..-An Appeal Taken to The
Sunrpme CnlIrf

!. by Judge Gary.."An Appeal Taken TO III
Supreme Court.
The attendance in Judge Gary's Court We
augmented yesterday morning by the announce
ment that decision was to be delivered On til
motion for q new trial on the celebrated cause al
Blake vs. Blake. The lawyers on both side:
were present in force, SO was the complainant
Darnum Blake, and A1r. Thompson. Mrs. Blake
was not Tho Court said the case Tas Of great
Importance to the parties concerned, and, On &C
count Of 8 prurient curiosity,
OF soAE PUBLIC INTEREST.
There was no necessity Of further reference
to the cross-bill against the husband, as there
was no evidence to support it. What he had
to say would refer to the original bill. There
were features about the case which made it diff
cult to get a verdict against the defendant, cx-
cept On very strong evidence. The complainant,
having been divorced from his former
wife on similar charge, mar
riod defendant when she was but q
child, and under the influence of her mother. at
whose instigation the marriage took place. She
: might not have had much Affection for him if
ehe had any, it might have been subsequently
ALLEVIATE d, and she might have had none.
THE ABSENCE OF AFFECTION
would not be- Of itself, evidence Of an adulterous
disposition. Adultery could not be inferred
merely from friendly intimacy with the alleged
accomplce. They met in secluded places that
made it possible, but the evidence OF the de-
tective. Gleason, even if it were entirely worthy
Of credence, Was uncorroborated, and such evi-
dence, even if uncontradicted, Was of such
doubtful character that the jury would be fully
justified in discarding it, if they did not feel
disposed to believe it. Gleason was hired de-
toctiye. Sir Creswell Creswen denominated
such persons
q DANGEROUS INSTRUMENTS"
tt ffa i11rv discarded fIa dnfacfivasa npnorr,1
GRATED testimony, the evidence Of improper in
fercourse between defendant and the alleged &C
complice depended on what was done at Lake
View There was but general testimony Of init
others houses. It WAS impossible that this in
timacy, if criminal, could have been concealed
from the wife Of the alleged accomplice, unless
she acceded willingly to her own dishor1or. The
jury had right to rely on the universally con
ceded right and disposition Of a woman to guard
her husband against encroachments by her own
seq. The wife Of the alleged accomp1ice was
either obtuse or willing witness, conclusions
neither Of which the jury would be- apt to draw.
While there we're two or three interviews at
which adultery might have been committed, it
VAS strange that
NOT ONE SINGLE WORD OF AFFECTION,
no tokens Of endearment, LETTERS or anything
else, were exchanged between the defendant and
the alleged accomplice.
His Honor analyzed the evidence of the two
Sons OF the parties to the effect that they had
FN9I@AAI@A
boys of their age; that as they had lived during
the last two years with their father, they would
very naturally be under his influence, and that
one M Ct them had expressed himself in terms of
In ali the cases which the Court had read, the
evidence Of adultery was much stronger than
in the one at the bar. There Was some evidence
tending to show an adu1terous disposition, and
close and intimate friendship. The case Of
Williams us. Williams was nearest lkio
BLAKE VS.. BLAZE.
In that case Sir William Scott refused to draw
the inference Of adultery, on the ground that
be, be would not be- 1udicialIy warranted in con
Guiding that adultery was proven; that there
should be such rroximate circumstances
proved, as BY former legal decisions would sat
that the act was committed. The
jury knew nothing OF former de-
ciaions, but formed an opinion simply on what
Was presented to them. The evidence being cir
cumstantial the verdict should be an inference
Of fact and not presumption Of law. It was the
province OF the jury, from what they knew Of
the nature and constitution of man in connec-
tlon with the facts presented to them, to draw
their conclusion.
TEE WILLIAMS CASE
was reviewed and applied. The presumption |
that adultery was committed during the inter- |
views was probable presumption, but not 8
necessary one. Had the cause been
con1 Would say gos the bnlden Of proo % vas
upon the defendant and the alleged accomplice
to deny the charge OF explain the circumstances.
The case came to m abrupt termination and |
neither the defendant nor the alleged accomplice |
both competent Witnesses called to tes-
Efy. Counsel for complainant had said, in his
opening address to the jury, that they would,
when On the stand, deny all the allegations in
the BILL and the jury for that reason might lave |
considered their testimony Of no value, for, ii
innocent, they would deny every thing, and, &C.
cording to complainant's counsel, if guilty they
would do the same.
The jury was warranted in regarding the teati-
mony with
SOME DEGREE OF SUSPICION.
Their sympathies we're with tie woman, who
seemed to be persecuted, as there Was no sor-
rowfu1 tenderness exhibited in the conduct of
the suit toward her, but a malignant and bitter
feeling. Certainly the verdict was not so gross
= against The evidence nor SO glaringy wrong as
The exceptions to the instructions were con-
sidered, and oyerru1cd.
Mr.. Hervey entered an appeal to the Supreme
Court on behalf OF the complainant.