The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-24

You can receive no nobler tribute than that
offered by our adVersaries. Fighting ever step
OF the case, sprlnkiing the record all over with
exceptions, they nave ACKNOWLEDGED the entire
accuracy OF your numerous decisions. You
have the gra.incation 10 know WA.
SSa naye InauSs the bope saat the eeng Of
regard vita which You have honored me wiil as
Will my own warm feelings toward yourself grow
pleasant days. cannot close without expressing
ny grateful thanks 20 my noble friends aud asso-
ciates- II any merit has attended my EFFORTS u IN
due TO their sagacity ana wise prompting. Fost,
Ing me In the 'front.' OF the battle, they nave sun
stood as It's leaders. L. mas been great
stances, my friend General Pryor has been SO
much away rom the case IL he has not struck
80 many blows in the neld he has Deen the WIS,
com OF our cabinet Deeply are We all Indebted
70 hts ready ana large learning and Junlciouss
counsel. You viii credit me when declare that
the duty have performed has been unwel;ome
anu painful. | nave not spoken angnt III nance.
leave tnis case without the slightest asperiy
or feeling toward any one; ned with IN
affected admiration OF the traEscendent quail
ties or my dlsting uished antagonists. NO one
genus OF this DEFENDANT Rich as he Is IN mental
endowments. prodigal as his laDors nave 0eeh
they cannot shelter MN from the punishment OF
his offence against the law. Genius lofty As ms
could not save Lord Bacon. He sInned ana iei,
and upon him history has written the epitapn:-
The wlsest, greatest, meanest OF mankind
Toward great men in disgrace like THIS who
fall Whittier. New England's gifted poet, writes Ia
his poem 'Ichaoodn-
SO fallen so lost the light Withdrawn
Which he wore
The glory from his gray hairs gone
Revue him not-the Tempter hath
And PLYING tears, not scOrn and wrath.
o. dumb be PASSIONS stormy rage.
: When he VINO might
Have lifted up ami led his age
Fails back in night
scornl would the angels laugh, to mark
Fiend -goaded down the endless dark,
From hope and heayeni
Lei the land once proud Of him
Nor brand with deeper shame his dim,
DlSnonored brow.
But let It's humbled sons, instead.
From to Lake,
long lament ~ Tor the dead.
OF all we loved ana nonored, noaght
save power remains
A fallen angels pride OF thought
still strong in chains.
All else is gone from those great eyes
When iAth is lost, when honor dieh
Inc man Is deadl
Then pay the reverence OF old days
walk back ward. with averted gaze.
And hide the shamel
win now submit this case TO you in the sublime
language OF the great orator VINO sleeps In ais
grave &C Marsnhed. Mr. Beach then read por-
ton OF one OF Mr. Webster's orations before
fury, which admonished jurors 10 do their " ole
duty ana Impressed upon them the responsiblll.
ties OF their position MIR. Beach closed his ad-
dress amio applause
Mr.. Abbott-lf Your Honor please, as we init
mated we would nave some requests to charge,
we now desire 20 introduce them In behalf OF the
defence.
Mr.. Beacn--We have no requests TO make, Your
Honor.
MIR. Abbott said that, In regard to the question
raised 10 the proprlety OF counsel testiying in
behalf OF his client, there may be cases where IL
becomes q duty and u necessity for him to 90 so.
There several authorities IN this State where
In a counsel is competent to testify. There was q
clear necessity Tor his doing In this case.
Mr. Abbott then proceeded TO read the following
requests, wnen Mr.. Morris interrupted, saying
that ne understood that tue papers were TO be
handed up ana that argument az the close OF the
case was inadnissIDe. The Judge said he would
hear them. ana Mr.. Abbott proceeded 10 read
POINTS SUBMITTED.
Irrespective Of the question whether defendant con-
nitted adultery with plaintiffs wife and without the
entitled 10 their verdict upon each Of the following
l. There is evidence in support of plaintiffs aleqs-
ton tnst eg reason o. any s1cn saIsry inc pann
lie continued 70 cohabI with his wife tor years after
the time Of the alleged communication to him OF the
charge
S Amer such alleged communication. upon consdera
jury and protection Of wife his children aim
tie plalnn defendant in the purpose 81
sea ~ 1ns Surrender o. Srn ae e9ao
ton between the parties and the pain!n l. thereby
OF such settlement
Upon the whole evidence uoon tho principal issues In
ne eagse Sese II moi suseRt pToe h sustain a YER
II
der verdict Tor the defendant
The defendant IS not required to prove his unocence
he presumed innocent until his guilt Is AM rmauvely
HoTx@rhs principle i equally az pcsbs in clyil and
ermna eases ana y msEss no se ina. The faGt
edge. Bentley vs. sentey Cow IOLl
OF criminal conduct neglect, must be clearly
gEgvee BY the pistptl sopie ex rel Smith vS fease
And the principle IS peculiarly applicable TO charge
ect of proof ana Is not bound 70 dsprSye the
king King. scotch sess. Cas-. I'd series 81 opin
And even when the defendant in an action Of Grim.
not raise any inference against him. Cove Massey
stated by Kerrisk j. in Dalton vs. Dalton suprcme
Court OF MASSACHUSETTS l1 1T Is not necessary that
aos sn i s epe Il Is o e n
you should mi afiirmatvely upon the evidence that
she ala commit the 20 that you irm
enie her to verdict: but IL upon the whole evidenee
he case the state Of your minds I. t9sa good deal OF
= good deal q profanity that she might
guilty or aot-the The libel proved aud though
you cannot say on the contrary mat you are fuly at
she Is entitled 2 yoas yeTd't TIA. IS ne s S,
% enute him to your verdict then you must md
Tor the respondent"
Plaintiff nail unless hs Jury sssd
NoTE-winsmore " Greengink, wiles. 81 ssL
render only Of .hs mind out @ the person Hamer
cameron. o
son 1 Swabcy and lr. Jl Davidson Davidson, l
Deane Eng. Eco, 1872 Hunt uunL ID, III, laa
simmons immons, Robertson, kng. Zee, $50; : =:
more uIly rep rted Notes OF Cas- S24 affirmed in
otes OF Gas 575 Caton Cation, Notes Of Gas l6.
And see Wilson vs. wilson, Wright On ohio Is
The Jury must INA for the defendant unless con
by proofs the actual adultery. beyond all
!. NoTS In Berckmans vs. Berckmsns Court Of Error
and Appeals 1874 opinion BY Van Dyke, j. " ~ .. 70.
Green. AS; Affirming, 10 H., l21l, the rule
laid down as folows:-~the complansnt 4 under the
necessity, not only OF placing decided pTep0naer
OF testimony 10 favor q ths charge but Q;
yond reasonable doubt ! 90 not mean TO say that
II m done by such an amount OF overwhelming
and unmistakabie evidence 70 render Il impossible
10 be otnerwiscs but the evidence be such
satisfy the human mind. and leave the careful and
guarded Judgment the Court free from
and perpexiag doubts TO whether the charge be
proved ornOLn
sTf alter careful examination OF all tine competent
testimony remain lmmovabe, A IL clearly
our duty 10 give the defendant the beasnt Of sach
doubt
Followed in Freeman VS. Freeman, 81 Wise, 255.
In both these the verdict decree set aside
FOR violation Of this rule.
To the effect Anonymous ~ Abb Pr ~, nd
Green W. Green, 70 Mon, tSL
Dillon Dnlon, L Notes o. Zee, and Mar Cases,
as a. fConsis0ry Conn, iSl2 DR. Lushington) Suit
aUafnst divorce by OF adultery. Held,