New-York tribune., 1874-12-11

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Why this restrictions What is It, purpossi Simply
that the jury be told that they must hnd that t
nit that. the parties being Informed as to the points
that have contended for heretofore there sno%d
that question But AK your Honor ~ apon the facts
partsaar whdt tine ,a msea nc hs m pan ssns
II .o Sny do ~ss verdict te
your cient that he did not commit adultery ON the
st sn aSy verdict &c SSu sst %
did not commit adultery on any yroT day %i,na ANN
e nav have Committed adultery the five hun;
dred first day We have failed to prove that ne ana
s fery or no adultery not whether it adultery the
ION day of 0ctooer or the 17th day OF October or on
we are prepared to prove it, Give us the opportunity
but don't send before the Jury with shaekes on a%d %
let he say whether there has been adultery on either
neo Sne oi tof period Do not compel say There
has been adultery, but 1t was NOT upon iha dsy or W"
As said before, the result would be natural. Just
this result may occur, the jury. every one OF
deendant was guilty adultery and every OF them
unable TO say upon their oaths and consciousness that ~
the nil of particulars That may be the result. Aud
say tnat possible, under This restriction that tns
been g iIty OF adultery, aud yet have verdict vndi-
him. so far as such yerHis eonld ml
We object TO being bampered or restricted at all upon
this trial. with reference TO onr evidence We wish TO oe
eft free TO offer all competent evidence, and we want
he Jury et consider that evidence unrestricted
mp Sy he n so % @
| defendant guilty OF adultery or Is ne not " Anu
that fact Is found 50 let the jury pr0nou.se
that this order to restrict us would embarrass and
consIder the evidence as they ought to be-
sderiug 1t they must all the while be looking for the
day and yhs s To- sa s p the 10 nd BY
stances aud acts OF the defendant, 1t point
to particular day. it cannot have its legitimate weight
with The jury.
NO ORDER NECESSARY.
Now where the necessity, ask again. In view OF the
statement that your Honor has before you OF
order whatever this casei It's matter Of discretion
with your Honor. Because the Court Of Appeals have
said that you have the power is that the why
they should have this bill. when come in with
the facts have submitted to your Honor which per-
fecy answer all the objections that they have hereto
fore raisedi The sole ground upon which they have
rested their application for bill OF particulars, the
very ground upon which thev put 1t in the moving
evidence with reference to times and places. We
in and tell them what evidence is upon that point
that Tie very reason they aver In their moving all Ia
Wit why they should have bill OF particulars Is thor
oughly, fully, and completely answered. You say you
are afraid OF being surprised by such evdence that we
will bring forward witnesses 10 testify to these facts.
We tell evidence upon that point Where then,
the necessity OF any order with reference to i'll And
what ask your Honor again. can there he In
&c PITT to US ana IL the 5 qf T sa re
jury shall be required to say before they can render
"A
may be alleged in the bill OF particulars Aud that Will
be the burden Of the argument upon the trial; tho
reGured and reminded Of the fact that there is not
any evidence, that these letters that are introduced
particular day averred in the bill OF particulars,
that the mind of the Jury Is drawn on OF the main issue
and the man fact In the consideration OF this case and
we cannot have the benefit of the evidence Take for
instance, the very first letter that we shall Introduce
OF the evidence and much OF the documentary evidence
has been published. Take the letter OF jan take tue
Of Feb or juno or Tther the OF te better,
question, there Is nothing upon the face OF those let
tiers h5 3 m any with oher @ acs Sr and
stances, 1t brings IL within the period alleged IN the
complaint. Now, ask shall the Jury be compelled to
say that that reference to particular day. when
there is nothing upon the face OF the letter, letters
does not indicate particular day, shall the jury be told
that they cannot find verdict unless they lind that i'm
materia fact in this easel Now that the object, and
the only possible object there be In any order
oniect it can have no other effect than just effect
that nave referred TO- and indeed It Is Jesse here
cS1nsei that shall be compelled TO prove upon
tcuaT day, or, mOansd by the expression OF the
counsel about the day. What does about the day.
meant IL all back to the fact that tho jury must
consider the evidence In with the date,
the evidence general evidence does not point to any
particular date, but points TO the act aud the TACT
itself not day, the date, the particular time
but 10 fact and why should De deprived OF tho
natural effect OF our evdencei Why shall not the Jury
take this evidence and say and determine the
ticuar fact and that aone Does this evidence estaD
lish tho fact alleged In the complaint 10 VIII that the
defendant committed adultery with tho wife Of the
planIif during the period alleged In tho complaint
uat other purpose, ASK there In the order What
other effect It have And. II 1t has that effect then
We deprived Of the benefit OF our evidence The jury
lett Tree TO consider the force and the effect OF
evidence the force and the elect of tue act and all
the circumstances going as we BAY, to establish tue
main facts.
THERE SHOULD NO RESTRICTION.
Now why in a Of this kind, should there DO any
restriction Of the kind Saould not the whole Ques-
ton be left TO the Court who tried the
case, and, especially, since We have so fully
met the objection that they have heretofore
raised or the consideration why they should have bill
Of particulars because they afraid that were
going to produce false and manufactured evidence with
reference and places which they would be
able to upon the rali We say In answer to that
there is the evidence only evidence that have
Wnw wnat more do tney ask WHAT more have they
right to than nat We say you need have no apprehen
close ID 10 you. 1t donC make any difference whether
we have heretofore refused to disclose IT, We didn't
believe they hat right to that much; we don't
now believe they have right even to that much;
don't believe 1t is where the Court ought under
of particulars; but waive that. and furnish them
the evidence furnish them the dates. and now they
chide because we do furnish them with the
facts facts, and thus take away any possible
pt ,1sy So WHY for not ssHs
IA IL Isl They have got all the information they
anS WITH Mae to the
and the con sderation OF the evidencei II it is TO
no effect upon evidence, IL the jury to be left
tree and unnampered % consider the effect Of a our
eyfiehce then there Is No Necessity for the order II
the effect hamper restrict us III any degree, how
over slight then order should hot DO granted and
mat that is the effect OF 1t. think have clearly
shown your Honor. that the jury would not only be
required, under tEe order, 10 ind the fact, the
material fact and the only material fact, but
that they must 40 still further and hnd an
immateral fact. before they pronounce judgment
upon the material fact Now, don't think that Is
nroper. We say they not entitled TO any such
resirctiye order that All ask is the opportunity
to 20 10 rial unbampered, and then we are ready
FIXED NOT FLEXIBLE BILL WANTED.
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