The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-28
THE BRINCKLEY DIVORCE SUIT.
Verdict for the Plaintiff on All
the Issues.
The Speeches Of Counsel and the Charge
a1 to the Jury-Scene In Court.


have excited such curiosity, few indeed nave
elected such varied comment. 1t was one OF
those legal contests which never fail to arouse
certain fee lngs and which other sort OF ntiga-
ton ever awakens. The learned Judge In the
course OF his charge to the jury truly observed
that taking all the incidents as presented BY the
different witnesses, 1t was more like romance
than o SAD reality Adherents on both sides were
not wanting, but there can be but little hesitation
In saying that those present In the court room
yesterday afternoon and who had listened to the
brilliant appeals Of counsel could not fail to regret
that under all the circumstances, legal aid had to
be invoked. at all. vfste boe ,,t,4 t,,s...
Long before ten O'Clock the supreme Court room
was densely crowded, the plaintiff, surrounded by
many sympathizers, occupying . seat adjacent to
her counsel. Several other ladies were also seated
in her immediate vicinity. Mrs. Brnckley seemed
70 be careworn and much fatigued but there was
nevertheless manifest about her that earnest ex-
preston and electric motion which have marked
her bearing throughout. The testimony had closed
on the evening previous, and there remained
nothing now but the summing up Of counsel and
the charge OF the Judge to bring the case to close
Judge Van Brunt took his seat ON the bench at ten
O'Clock. ..a .4
tra THE ADDRESS FOR THE DEFENDANT.
Mr.. Anthem in addressing the jury for the de-
fendant warned them not to be Influenced by any
comments they might have seen in the newspa-
pers. He then proceeded to call attention to the
various points OF law involved in the case. True,
he said, the statute OF the State OF New York did
not require that marriage should be solemniz ed
before clergyman or magistrate, but he sub
mitted that the proof OF contract OF marriage
was absolutely essential. And that contract he
claimed, should be proved just as other
contracts were. How was such o con-
tract TO, be provedf In the first instance
by the declarations Of the parties themselves. But
supposing the parties were antagonlstic towards
each other on this point, then must the contract
be proved BY presumptive evidence. 1t should be
proved by cohabitation. Not cohabitation as they
saw 1t In the haunts OF RIGHTEOUSNESS, but matri-
monial cohabtation. Not with the divided repu-
tarton Of being at one time a mans wife AND
another time his mistress. Counsel continued to
state that he proposed TO put upon the relation
which existed between the plaintiff and the de-
lendant the stamp OF meretricious intercourse
which could not for a moment be mistaken for the
noble and high relations which were sanctioned
by the law and blessed by the voice OF Cod He
then detailed at length the history OF the plaintiff,
and described the several events as set
1Sgsh IN the He said that the
from the South. with more money than discretion,
piaintin and defendent were introduced In
reference to the defendants statement that
and the platntn7s contradiction Of that fact,
counsel submitted SUI that the presumption was in
had stated tnas the defendant took her to she
door Of such house and offered her $500 to in.
duce her to enter but that on no terms other than
as delendant's Vile would she comply with his
request Aud yet the plaintiff afterwards con-
sented TO marry man who was base enough to
At length that decal ations OF the plain ti her.
sell were antagouistlc to the assumption OF any
features or the case, which he claimed were IN
favor OF the defendant called upon the Jury in the
interests Of society," to render verdict In his
At the conclusion Of Mr.. Anthon's address the
Court took recess for nalf an hour. Meanwhile
the court room became densely crowded, and ft
was not without difficulty that the attendants
managed the OVERCOMING throng outside he
DOORS '..tt'
After tho Recess. -ls-4.
Mr.. Beach at quarter past one O'Clock, rose to
address the jury on behalf OF the plaintin. After
making some general illusions TO the prominent
features OF the case ana referring to the argument
OF the counsel for the defendant that the marriage
had not been recognized, observed that, assuming
for moment the defendants did represent to the
plaintiff that an open avowal OF the, marriage
would be disastrous to his pecuniary interests and
would lead his father to deprive him OF tile means
Tor MS and her support, assuming he had per.
suaded the plaintiff to consent to o secret mar
riage no Inconsistencies IN their relations had
been established. But how was the dif11culty to
be overcome The defendant promised In view
OF these represen nations to take European trip
more settled state OF affairs The jury, counsel
claimed, must look at the surrounding clrcum-
ne sy me IS
and objects Dy which they were governed. Coun-
sci CITED the case Of Clayton va Wardell, wherein
Chlel Justice Harris held that q marriage could be
declared valid without any solemnization by the
deliberate consent OF competent parties entering
into the agreement In view, therefore, OF this
TACT, he would ask was the defendant sincere and
honest IN his promises, or as q mere libertne and
voluptuary deluding her by false representations
ON the occasion OF that secret marriage He con-
tended that II at the time the defendant promised
to take her as his wife, no matter what inconsls-
tencles or embarrassments ensued, they were
now, IN the eye OF the law, man and wife Counsel
read several letters written by the plaintiff as
her after the alleged marriage, and submitted
that no person could read them wthou. being con.
WINGED That such an agreement. existed and that
the plaintiff lived In the hope OF speedy avowal
OF the marriage relations which existed between
the parties. He detailed the history OF the plain
TN IN pathetic terms, describing her early assoca
lions, her talents and ASPIRATIONS ana finally her
selisacrince on behalf or the defendant, who now
endeavored to cast her on He criticised In with.
ering terms what he claimed was conspiracy
against defenceless woman, who had been de-
and who had
the hope that his promises would soon be fulfilled.
Counsel then referred to the 4 evidence which
ceeded TO dilate with great earnestness upon the
character OF those who had testified for the de-
sSe q O. the
powerful address observed shat the Jury might
condemn the plaintin for her foolish and reckless
error IN censenting to become q nameless and
secret vile, but he asked, in the spirit OF Justice
and fair play that they would give her the benefit
Of the equtvocai position In which she had been
induced TO place herself ..,.... a4fRH
Al the conclusion OF Mr.. Bcach's address there
were unmistaKabl tokens OF appreciation among
the audience, which the Court ordered should be
instantly suppressed. ...... MI. .als s.t 81
-. THE JUDGES CHARGE.
Judge van Brunt' then proceeded TO charge the
Jury lie said 1t was undoubtedly to them and TO
MIN subject OF congratuation that this long and,
ne would almost say, tedious trial had SO nearly
reached Its termination. The story as It had
oeen related on the stand BY the witnesses, OF the
adventures OF the plaintiff and defendant In tis
case seemed almost like . romance, ana r. written
tney would believe 1t to be Notion. But each days
testimony like every chapter OF o welLwrltten
novel; mad readily awakened their interest and at
tenton. The Importance In this case to tue par.
ties to IL could not be overestimaCed. II WINS OF