New-York tribune., 1874-12-29
TIE ARGUMENT.

TIE ARGUMENT
Mr.. Pryor-If HonOrs please. the action, as the
Court well aware is for criminal conversation After
issue toucd and after the cause noticed for trial
mention this fact because this lapee OF itself furnishes
"a sufficient legal why this order should i've re-
Iuseatter issue joined and the cause was noticed for
trial. made Special Term for an order
requirng tie plaintiff 10 furnish the defendant with
OIL of particulars. TIE orler was granted and II is upon
that that the Present appeal taken. The order
Is in these words:
'ordcred mat the plaintiff furnish TO the defendants
at:o,Lry WI ia three Gays from the ume Of the service
OF copy Ot thIs order them, statement OF parcu
laIs verified toy Tie Oa;h OF the p.dnuf, setting forth
t pIr;ic liar lines and places at which he expects
IN 20 Gr pSco. that any specific acts Of adultery
between ;Ee defendant and the wife OF the
piAt 4, sdch dcs.gnatlon 10 DE made as Indicated by
tac d.cisou On fc and that the painuf he and ne Is
Of this acton ~ prove OF specific act
"autcry at any other tine or place than such as
sLal D. ser fortn in he said statement Of particulars;
but th order is net 10 bc construed as promoltng the
pha;if Introducing on the trial OF TINS actlon
ra,s vi tvGcnce, as to any other than the specific
adultery. declarations. wrtings documents or
the part of the defendant of
any suc cr1,al, wrongful, improper acts, in which
eut aceed 10 parlcu Time OF place shall
be alc ged to been referred to-"
TIE GROUND OF OBJECTION.
Tho crcstons involved In this appeal having been ar
ced SO eaboratty and exhaustvey by the counsel for
the respective parties, and having been considered and
determined by your Honors, deem 1t unnecessary to
detan you IonCer than submit you two gen.
era observations. And at the threshold beg TO pro-
test Eonors that do not object to the terms or
the phrase f this order that our objection s lev
eed against tie construction OF the so-calied re-
stricve clause pat upon order but that the ground
and grOdnd, of our objection is the Orqer ITSELF
end that contention here Is that no order requiring
O Of PARTICULARS should De granted Tas order either
means St Ale'Ing Or 1t means nothing Now, oil OF
particulars. rt r1aiH imports restriction on the
PARTS proof. Bv its own inherent energy by i;s
sf ine sprcincatiOns alleged aud precludes him from
giving evdeute Of oAer acts or Of oner times or OF
eau ne to this defendant On the contrary,
may 1t phrase your Honors; r 1t have have
tire BIZ Of particulars Is worse tnan no
bi OF particulars because, when the bill Of particulars
sycIylng Tue tnes aud places is proPounded TO tue
decn,an il IL p!OpOuuGed 10 him WIN thls OBJECT,
points attack III order that he may provide him
ncauS OF repel.ing those attacks But II
design and intend prove the acts Of adultery at a
rom tnat aGlno.lon and may give proof OF OF
aducry - UAer time and oner piaces what s tue re.
sul 7 We have ml>lrd defendant he has prepared
hlsl. 10 particular attack and to repei par
u,rr, proof, amt now wuen yOq allow us on the trial
vdente OF other acts aud other times aud other
pi~ces Al his Irt paTaicn and provision J.. goes Tor
ha"-" re- Iem' i - ne mo ron e0iTn -
aud Just the sauie manner Will bill OF particulars
upOa construction here popOunded De worse tnan
So D'i4 oi 80 d. nnt o WI, H Come N Win Dpa"f
OF nj : neral innocence, and will come armed ant
eQ, peu repei &eGatIon OF adultery at auy time
Oh al I.y pace d4Iug LIS entire career yet when 10y
-OGr H.. tgcalars Ou have Indicated aud guarau
Ieed hu that OILY specific acts OF adultery
AZ particular times and pdrucuiar places are TO
be pI, we'd. you inisead E!w, ana he would have
lut eau sc OF complaint. But, If your ,nOrs please,
t. LI of PARTICULARS Is not the innocent ininR that
this ecitrdcOn wouid ex9Ound it to be- TAe learned
gentlemen npoI tne otnei Ele are en o1 700 niuea
th, r cnrrc,.- Deating the They have not put
forth cAeon Anu tue learning and the talent winch
they have dis paved TINS merely grasp
drawn Dagger. TIey have coneDdrd Tor definite pur
p.n, anu substantial advantage. They dld not In
struggle here 1T the Special Term and renew 1t
al your Genera Term, aud continue at the Court OF
barren victory No, sirs they contemplate, say,
detHIte pu pos ana they CONTEMPLATE decisive sd
NJ ~, 10 5
1t set forth IN the order from which the
appeal taken with special expIcitness That purpose
10 rp ciIlca!y and Critically tns that no matter now
aDLAuaut and overwhelming the lr0of Of the general
fact 0i adultery on the tIaI may be- nevertheless we
not recover verdict nor ente ourselves 10 ver-
d uHe7 We 20 further and prove the fact Of adultery
10 committed at some particular place and at
particular time and their OOIect is TO restrict
and at particular place That is their contention,
euDoditd n1' in sne oIdr % and position wnen they Wi
not lepudAe Now, tAen mat Deng the position. that
operation, tell me- please. your Honors
III tiss case stands tbis plaintiff We object TO
rignts. vrtuaiy and in effect denies him any and
al reIrtss for tue wrong oi which ne complains: What
h tuc gravame1 OF TINS action What Is the wrong OF
which the plaintiff coDpaInsf That wrong is that his
wife been eoauched Uy the defendant Tue charge
he naGeA the defendant Is guilty Of adultery
wI;e. HIS wrong is not that the adultery was
tha n Wife mas b.en denauched and that his life has
been busted WIat does 1t signify him. may 1t please
your Hono,s this wrong has been committed, whether
I'M. S Or Sat e Whas opts .0 It u upor = Was
lOlh OF October, 1865 or the Z0th ,! Octo
b+r; whether committed ON Columbia Il BLts or
III LviugsOu-st.f What does II avail 10 mitigate the
gut OF luls defendant IL indeed he DE guilty, ~ say
prove True. the fact was committed, Inc
AdultLry was perpetraed, but IT was perpetrated
= another time ana at another place" And what does
" plaintiff has sustained this wrong inoeed
done-wnat does IL avali 10 mitigate
sorrow suffering and the injury he mas sus-
taineC 10 he tod True wife has been deDaucDed
true tue defendant uad criminal conversation with
her but II was time, II Was at another lime
this place. It wssa another place. ihus,
your Honors please the OF which this plaintlf
complains, grievance which ne alleges the inury Tor
redress, II the SUBSTANTIVE tact that
adultery committed by the defendant WIN ls
wife, q which nor'atigated or qualified by Tie
and i'm material predcaes Of time or clIcuu
stance That the issue which this plaintiff rendered
defendant and that the which thus de-
fepdAut alarclty aud with courage accepted Your
HonOrs cannot but remember, for IT. d memorable
that when TINS defendant prepared and
his answer TO the public-you but
rememDer the electric effect which II produced, how II
reAated and reassured the confidence vi his rlepdh
how II snote dismay 70 the hearts Of his ememies
COMMENTS ON THE DEFENSE.
Now II your Honors please, II this defendant had
his answer SAID WHAT In his answer he had merely
sad 1T did not adultery the 10th of October,
Is or OH the l7th of October, 1855; deny that
nitsd this crime those days or at the places al
legged" woud his answer have been received with the
sppause-would 10 have produced the encouragement
wnIcn II did produce IN the country No, sr The ef-
tect 70 winch nave adyerted results from tAs-when
the defendant prepared and promulgated his answer he
dd t In theee and manly words Inat TINS de
teadsnt never had At any time or a any place Any un