New-York tribune., 1874-12-11

case that adultery committed In tho City OF Was"
iugton, that 1t might bc competent for you TO prove
that the parties Travelled from NewYork to Phiadei-
phin. and from Pniladephii TO Bltmore NJ sucn uo,
that they could have reached a. or Toa
would be proving acts Of the defendants ont ~ mad
not be npass sn, ia pr s@oe
Mr.. Evarts-Thst lie 1t. ,m,,
Judge McCue-Now. understand that they are MIL MI,
ing that you should prove oil acts tending 10 essos"
OF the charges as 10 the commission Of adultery either
ut plaintiffs house or at the deendhas @ nod h trial
about certain dates. do not imagine tnat Oh inc Ia
you would limited TO the exact day; 10 DOT uhder
Mr MorrsBut that Is the point We have stated and
limited ourselves ON two points 10 our andavit
Now. why should be restricted any iuTthor @ ha
in the complaint 1t commenced ON the dot OF Oeonc'
and that various dates between the ION OF octope
Mr. r sMorrwel. Of course the counsel knows that
the real period is October 1862 TO 1s0 about M
sixteen months Is the real period the evidence
Mr. shearman-Are we to understand that 1t is CON
admitted that there never was any improper intercourse
after that date not for the purposes OF tho triai
whether we are to have any dispute about III
TILToN's EVIDENCE OUTLINED
Mr. Morr1s-The evidence, I say, will be confined to
that point do not make that admission, because am
convinced that It would not be true and would not
admit falsehood. Bat this Is the point now II your
Honor pleases do not that there should DO any
difficulty When we go 10 trial in this weintroduce
our general evidence showing the relation exlsung
conduct of the party with reference 10
the matter from which, say, there is only one ect
mate deduction Now do not want to have the jury
told. In order TO give verdict Tor tne Palntn .ha
you must ind that the adultery was committed on Tue
particular day or the particular day." II 1t was
committed within the period Tue only isne here Is
whether he has not during the time that we aliege
Now why should there be any restriction at all as
TO the day They know our evidence with reference
to specific acts of adultery we have disclosed thst at
fully and frankly to them. Now why should there be
Mast alv In
verdict in of the defendant which should
DO obtained by any restrictions being placed upOn @ @ sHe
dence its legitimate weight. That Is all we ask NOW
occasion for it Tney know the We alege the
only two days upon which we have specnc lhiorna-
Committed ni % "0 at VaIions times within certain
period Now, would 1t he any more speclhc II we sn9u
various DAYS between the 10Th October and the first
day Septemoe and on the first OF September ana on
OF NOvemberi woui that give them any useful
knowledge or informationf Would there Do any @ pur
n bill of particulars OF that kind To what purpose
Object, ask your Honor Is there IN having any
tiOn whatever here unless the purpose Is TO hamper US
upon the trial win reiefehc1 nee 0 ot ara,d of sr
PRISE There might be some force In that Ihey feared
would bring witnesses here tnat iacS GToa fro
which we would deduce the inference OF adultery and
Of eydeScs Now, we frankly tell them
pose such thing. We disclose to them franky anu
Now ask Can 1t not safely left TO tho Court which
il 10 Try this without any imatonf What Is the
IL is not to get Of and restrict US IN
some way, SO that evidence may not have It's legt
Nov submit in all candOr to the Court that with tho
facts before the Court Dat have not peen before
the Court before with this statement that we have made
II submit In all candor 10 the Court that soc NO reason
for the making Of any order here Whatever. u,. -,
Mr.. Shearman-Iou are getting 10 the argument on
the merits. -
the idea that orders were so nearly aKe that they
could he accommodated.
Mr.. MOrris-But they cannot for when asked the
counsel Mr. Eyarts whether that Is his view; that II We
allege two dates and then We Introduce our ev-
dence whether the jury would be Instructed or must
the answer frankly, about those dates" say
that restriction that we ought not TO submit to.
Mr. Eyarts-Name some date some time then.
Mr.. Morris-You do not want us to put III anything
that do not know anything about.
THE STORY OF TIE BILL OF PARTICULARS.
Mr. shearInan-I suppose the general discussion we
have right to open and close. Now, NAV it please
your Honor when we first appeared before this Court
with motion 1t was thought the other side very
fit subject jestng We have at last got to the point
where it is treated seriously. This motion, for which
there was warrant, which had never been heard OF
before which no respectable counsel would advance,
has been sustained not only by the opinion OF your
Honor at General Term, but your Honor's opinion has
been fully confirmed by the Court Of Appeals in most
able and learned and nexhaustibe opinion. And con-
gratuste the plaintiff aud his counsel In this case that
after the apse OF months they have got their
decacy They actually have come to the point where
Oct 10 ana Oct IT, and great mystery Of delcacy
which shown by the morning papers, and which Is
of darkDess which this plaintiff could not bring himself
to disclose turns out TO be nothing In the world but
what he had disclosed long before months before
the decacy had 80 deeply af cted him and he never
had thing more to tell lie knew nothing more ana
something dark mysterious aud dreadful behind
shocking and frighfu that lie dared not utter it.
Mr. Morris at this point rose nervousy in lis place
ic tot aRp biac
think will take hand in it," pulled Off his overcoa
and began making notes OF Mr.. shearman's speech.
moment later, Mr.. Evarts, IN very deliberate manner
arose. drew off his heavy overcoat and at these In
dications of general fight along the whole lnc there
was a visible sensation among the audience Mr.. Shear
man. however, continued without interruption.
Mr. shearmaD-Now, IL 1t please your Honor, We have
cot mast all that and we have learned what he has and
If he frank about that there mover would have
been any necessity TO nave 50 1Ga hrouoe Deiore tne
and there would not have been this so-called delay,
although there nas h9i oeeI % one S @ oS Iecause
been tried without an extra panel or Jurors as they
admit themselves and there never mas been time when
that panel could have been summoned
Now If please your Honor, We come TO the merits OF
,his motion Permit observe that there has
an entire misappehensi0D not only upon the other sde
but misapprehenson very widespread, as to the pro-
priety motion such this In this case and as
have now to appeal your Honors legal discretion
necessary that review some OF those circumstances
will do very briefly IL Is singular fact that the
origin of bills OF particulars Is not ~ actions In con.
tract not iu actions account but that in fact
II was q modern innovation introduced into those
actions from criminal quasi criminal proceedings The
first published in the law OF England which
refers bills OF particulars book exclusively
criminal law, Hawkins's Pleas OF the Crown.
The first recorded lnstaDce IN the law OF England 10
which bill OF particulars granted in an action
for divorce the ground of adultery. Prior TO the
year 1922 which that bill OF particulars ordered
and again further bill of particulars ordered. there
example in the reports of England and certainly
there reports In this country aud therefore
example in the reports OF the common law, Of bill OF
particulars being granted. Now, Sir, the IN
which bills Of particulars came TO be brought into
tions this More than forty after
this bill OF particulars was granted III action arising
iI,a