New-York tribune., 1874-12-11

that ime bills Of particulars had been In nse In criminal
and 40 prior to that lime they
had been required adutery
and como down with an nnbroken liue OF pre-
cedepts in such cases. showing that u Ia from
like this that proceedings for bills OF particulars
took their rise and that this h not an into
new and foreign action OF class OF proceedings known
heretofore only actions contract Tue question OF
the power OF this court to gran. TINS order Is setsa
that we have again a unbrokcn line OF precedents. l
call upon the learned counsel on the other sid. TO show
brou gh either ior divorce for mnal conversation
in which application for particulars was made whers
TO your Honor without having by any means erh hiustcd
the list. without desiring to weary you produce ah
ticulars was granted show you that bills of partcu
lars granted in cadeS where sn. the pleas is
case, and that tho utmost precision and
particularly Is Invariably required from any person
that il is not allowed any one to come into court
less to to trial wlthout oehg prepared ~, ~
awful charge This precisely one OF those charges
which man 1. allowed to take tne responsipny ~ y,
NAV he Justified in coming into court with an action
upon contract with alleged action upon the price OF
few groceries or upon butchers bills without Dens
Certain he mas the witnesses to the pre-
else and specific facts. but when ne comes n.o co ,
with charge like this. charge that either brands WIN
nfamy his own wife and another man, or brands with
thousandfold infamy his own prov LOT ~ 1 tba,
Snd The conrts have always the earliest day re-
CURED him TO come prepared 10 prove no"' anu "N0"
and where this fearful fact occuired'
BIBLICAL BILL Of T-hh'iSci'''
May It please your Honor If I were to go back Tor
preceients it is striking fact that there Is precedent
nearly 26Oo years old actions OF this Kind and tha
1t Is recorded In book concerning the inspiration OF
which there is dispute between different branches OF
the Church, and which Is recognized as canonlcal ny
more than two-thirds OF the Christian world winch ID
recognized by twOtbirds Of the Cbristan worid as III
inspired volume aud which is read by the other one
third with respect as book Of authenticity, REFER 10
O,,aan
that story, If your Honor please there were ns
two Witnesses 1t is singular fact that Wheneegs I
hunt in couples it ALWAYS been so; and there has
always been the inevitable witness ana ms mutua @
friend Now may IL please your Honor. certain coui
c of elders met IN that case and they wagged their
grave aud venerable heads, and they heard .ne tos
was very clear and very explicit; they bai evidence
as to the actual fact but there was young man ancb
and he stopped them just as they were were
about to execute this unhappy woman; % t anI anu
of court and called in separately, and that each
should produce his bill OF parcuars and what was the
resnti He called first the great prototype or MI
Tton and he demaned OF where this act took place
"Oh Mr. Tton was under an oak ~ Mouiao
was called in without any opportunity OF consultation
and his bill of particulars wts demanded Sns,,,
has made the name of Daniel famous since. and
was because the particulars were asKe III tnat case
Wherever the opportunity for colluslon has been re-
moved unfortunately It cannot De IN tns Case 'no
AN ORDER SUGGESTED.
Put Sir We have confidence that with proper state
ment Of particulars in this we shall have no dill
entity in yindcang the innocence OF our client. say
again that one unbroken line OF precedents has come
down. and submit to your Honor with deference that
this ia not case for arbitrary discretion but II Is
case in which entitled In the proper, just exer
else OF judicial discretion TO this order. We show
state of facts which makes n right and proper and they
.l1 rnHa mt
narcuars We show that tho practice OF the courts is
iii one way and they cannot show to the contrary
either IN this Others and we submit there
fore, that we are reasonably and properly en'ieu 10
May it please your Honor. have drawn up form Of
order Oh to US US to e rs9 e pd afa Srn a to
defe ndans attorney forthwith, and at least - clear
be- sufficient il the number OF days stated Is sufficient
to bring 1t to Monday D." before the commencement
o the trial OF s "a , arb bs per
tcuar times and places at which he expects or intends
to offer proof that any n ass or % pr sa
plaintiff and that the plaintiff be and he hereby Is pre-
from m aR Ss ae Of % nS se 5
criminal, wrongful or improper act at any other te
III the ps said statement Of particulars"
Mr.. Morris~I propose to say few words, II your
Honor pleases. The order proposed by the counsel
Mr.. shearman-Excuse me one moment. or course.
with the clause admitting evidence OF confessions:
Mr.. Morris-Yes The order proposed by tho counsel
would have tins effect nd, can nraca nI ali renpTs
evidence and reducing It to the confession made by me
defendant to the ae relieve % yeu to certain eX
TENT under decision OF the Court OF Appeals testi
mony of general confessions would DO clearly admis-
MT. Morris-I understand that. your Honor; will
coro JndSe McCue-And whatever order may make II
determue to give the bill Of particulars should not
attempt to restrict you from tne Proof od any general
Mr. Evarls-That your Honor would leave to the laws
jude McCue-That would leave to be disposed OF on
Mr. Morris-But that Is not the idea Of counsel. This
is the effect be produced by the order and this
the restriction sought to be imposed upon U.s. and we
say il is onerous and unjust and prevents impartial
trial OF the issue in this Casa fair trial That is II
are allowed to Introduce our general evidence, gen.
or acts declarations and circumstances gong TO
tbsh the criminal relation between these parties
II that evidence is conclusive upon that point II 1t is
absolutely conclusive that during the period alleged
this occurred between these parties are
not entitled, under this restriction, to verdict 1t is
against that that we complain.
Judge McCue-Perhaps did not make myself under
stood.
peases. The point perfectly clear and 1t; that
Is the only purposeof this order. Honor we
ment. say counsel for the defendant may get up
before tho jury and admit the guilt OF their client and
That is What assert, and will make myself clear,
think, upon that point Now. with THIS restriction. the
iery and therefore give verdict, but they are re-
aured to 90 one step further and find that 1t was
United the particular day alleged before they nd
a verdict for the plaintiff. Well, what will be the argu
menti Why. the counsel win say to the Jury:
Where is the evidence that this mmtted
on the 10Th except the bare confessioni They exclude
ali others. supposing put in tho bill of particulars
anv other day % Where is the evidence ~ will be
rune in the ears of the fury. "wnere is the evidence
that any adultery committed on that particular
dava" That will be the burden Of tic claim TO the Jury.
"You must nd. upon your oaIhs, that It committed
upon a particular day" Well, tuls general evidence
does not point any particular day We say that we
have right to verdict, II establish the guilt OF
the defendant any time within the period alleged IN
our compaint. But 1t would not only require the fury
20 further a1ding the guilt OF the Ddaut
and say 1t upon particular day. but, ia con.
sidering the main question OF guilt their minds
would be hampered by the Other considera-
tion as TO the time. to tho plrtlculnr