New-York tribune., 1874-05-28
IRON Songress this session by those who are familiar
" ith the temper OF that body.
MRS. BRLNCKLEY,S TRIUMPH.
VERDICT FOR HKR ON ALL TIE ISSUES

fhhDfCT FOX HKR ON ALL TIE ISSUES.
The Brinckley divorce suit ended yesterday
win verdict for Mrs. Brinckley, the plaintiff on all
the issues Mr. Clinton began his address the jury
for the defense, the morning. and at its conclusion
Mr Beach replied for the plaintiff.
'udse van Brunt then addressed the jury. II Is for
you std he subject OF congratuation that this long
anu MAJ almost said tedious trial has nearly
reached determination The story as related by the
witnesses seems almost like and II you read
tue testimony as a story, you would believe 1t be hc-
uon but each days testimony. like a chapter in a well
written novel, has served reawaken interest and
a'eution The Importance OF the to the parties
cahhot DC oyeresmated; IL is much more than IL a
mere matter OF money was at stake.
III your verdict for the defendant, the plaintiff is
He away IN Disgrace, covered with iniamy H. for the
plaintiff its effect the defendant lrcely
asto He s young. rich, and has brilliant prospects,
anu 5our verdict would be chat woman who can never
oe ms VIE shall hang like milestone around his neck
TOT the rest Of his fe Jures have right 10 render
I, niiIIS according TO their sYmpahes. such verdict
would De Ike the proposal OF Artemus Ward to send Ill
ms wlies relations to the through pure patriotism,
the principles OF law and the facts. aud render
NeIuicts REGARDLESS OF consequences. Much has
xstH edih about ltxty OF the marriage law Of New
iOrk, and that contract of ~ iDdissouble a
nature should not be allowed 20 be entered into without
any greater form than the purchase Of goods. Although
u Is the custom speak Of axity regard law,
II seems 20 that tine laws of TINS State only
st one IN regard to that contract TINS IL what
Is called an equity ordinarily, to he tried without
jury ana was 80 tried before aud in consequence OF
@ m Ha aJuiy "a Determining the Questions OF 9ct IL
may De thoasht strange in these days, when verdcs OF
Jlres are 81 much commented upon, that should rely
on tue 'eTict OF a Jury. am oid-ashloned III tAAt
respect. believe 10 jIrles.
TINS ease there was no objection TO the ntsrcourse
II llclt Dut the objection began when there
mors ~ marriage The paintlf was born IN NewYork
III ISid' Her fathers name was james :. Charles, an
actor. In 1870 they went TO Kingston IN 1850 they
llyrd IN New.Oreans The plaintiffs mother died IN
lS2 and ner Lter went to Memphis. She remained at
school Sue rejOned her father In 1852 In 1856
sent by her fathers friens to school in Jackson. Tenn
as a pl9 OF promise. she was graduated with honor
aud the testimony that her reputation unDlem-
l,hed In 1861. while school teacher she allowed
where she staying. with the addition that she
stng on his lap, but 1t was not believed she went TO
STAYED VI tn her aunts. and aiterward Mr.. MOnroes
school In l56i sue met tine defendant BE claims that
Scv-YorS' "''' '''A'i'' '''' 1'' ''' "
The Court then ran on 10 give an outline Of the story
for the plnntR aud for the defendant that Mr. Hunt
introduced her 10 the Defendant ana hey vent t0 the
teaier the next night; that no told her his position
was 80 much above her that h relations would object 10
their marrdge; that he dependnt on MS father Tor
ah allowance aud that he desired her to waive formal
marriage, and that in New. York "A marriage relation
without the form OF going before magistrate or clergy
man was equally binding with that celebrated IN the
most public manner, he asked her 10 20 10 Europe
ana get married there; sne testles that she nn"Ay
agreed To private marriage.
II the jury found that the defendant intended TO con-
yey 10 the plaintiff THAI she To BE- his wife, IN appro
prae words, ana jhat conclusion acted on, even II
he did not Intend t 10 De marriage IL should he held
as such NJ BunckrY says nh such scene TOOK place IN
that thir1story room IN New-Irrk, aud II the jury be-
neved him, there marriage. There saould be u
substantial agreement % MARRIAGE To establish the plain
Ps statement bat the Cjur,s have held that rom the
declarations OF parties where they nrd themselves 10
be un aud vie. the presumption was that there was
marril 20 between them.
The Judge then briefly related the history OF their
travelling over the States, generally Mr.. and Mrs
Ii wson, and sometimes Mr. and Mrs. Brnckey, and
called attention TO the fact that the defendant spoke or
her his wltc ana wrote "A letter % her signed Mrs
BrincAey. Then he askei why she asked TO sign
paper lnd 10 break of when she could do without
signing II. II the relations were meretrclOus THen
the story OF the hotel prOprletors sOntng their
marriage. and finally the affair IN 1859. when she
cOulf no longer bear her dubious position, az she
testified. II the jury found that there secret
rage 1864. and that there agreement that 10
should be secret she hal a claim make public at
auv time leave a connection which tho defendant
claimed meretrcIOIs she began sult in Memphis
establish her marriage ana get separation; odt she
got disgusted with West Justice and 10 New
York, determined II ever she caught the defendant
here. 20 bring him before NewYOrk court ana jury
The Jury must nnd that at the same ume prior to
the making Of common Tepute, there contract or
agreement OF marriage between the parties. II man
"A man should blunder into matrlm0ly Oy rnpr3S2lting
the the %n Of his rs BOSOM a to be 5s VIII Wire % hond n cVs sr
without her marital rights, anu his children iesiu-
T1e Jury retired at 6 o'clock Mr Clinton then took
exception 10 points IN the charge especially the
remarks Cranmer The jury came back In half an
hOur for more light the alleged OF the night or
June The Judge very patiently repeated MS former
Instructions. The jury returned 70 Court at lO.0 p w.
found that she the Defendants wife, aud that he
refused to provide for her. stated in the complaint
The plaintiff clasped her hands, and exclaimed, on"
Mt Clinton required that the jury be poled and then
asked stay 60 days TO prepare the case Tor eS
ceptons Tho Judge said he would consider the appic-
ton ana grant "A STAY meanwhile.
Mr.. Brown (tor the paintifl-Proylded further ali
mOny be granted.
The Jud.e--I have nothing 20 do with that.
Mr. Brown thanked the jury on behalf OF the pantin.
TIL then shook hands with every juror.