New-York tribune., 1875-01-12

defendant OF prominent abties who had rsen while
yS yO1nG man to na9s nnon IN ne he side the %
pressed and whose voice. did the voice Of the deSndan
hundred %Sa d nst e. se n n S. f6 nad HTSsS% gaG Ss
prospect as had Theodore Ton Gifted by GO ~ rev m 0
%Ss nS Sd Sa al sG At upon
his household like Ps sG . ox SIsa Darkness and misery
SesoStion Beiore tho wife OF the plaintiff fell victim
to IS0d tho had "' more happy home than he possessed
viii uo dosin Won gentlemen this stage Of the case or
codor az an M IN prior the Sh Of October s During the
progress Of trial win learn fran The evidence the ns;
and dcsOad Suffice It to that during all Their ad n% o5e of
the happest homes family Of children growing up ABOUT
them loved by their father and mother as few children @
naN S suC hom, And in
are features which render the crime more heous % nSr
the ewes OF bc Sefcndant when but child nenoer
Of his chuch when but child almost before OF age he mar
was asosstea & A with the defendant in the closest ea
ons associated with him in the cdo;shp OF Ioiso' hs
looking upon him father and admiring him above
all living placing that implicit confidence ID MN %lSa
When separated by the before this terrible calamity &
fore the violation Of this friendship and the % % csh other
only who had mutual confidence ana adinii"''0 ~
II has S BEEN said that this action nsaed bGcHuse
OF an enmy that the plaintiff had towards lhe & have
stated bc1e Was the closest friendship greatest admiration
part the plaintiff for the defenda a. ,b time
OF the discovery Of the wrong had been inflicted upon
the other, by their mutual and social o inter tg6
BY every manifestation fest tic tbD that %s shall be-
able to convince you twelve men beyond all peiaayen -
while as we The defendant was - sitting m gSst at '6I
artists Of our State while do 1 oa ne was going d 19tle tSs
Sand so s1 rt was his elimination Of him. the illicit
that charge against the defendant was being carried
At the very shall you as clear as the sun
now
painted to be hung up in the house Of the pn ne was &
ryng his Illicit intercourse and before longOeiote 'hat
portrait was completed ready ador the walls OF the once
happy home that home had been deDacheu thas fanny ht
been destroyed Where shall the portrait be hung "h"
Well gentlemen this crime, you are aware Is peculiarly
crime Of darkness secrecy We do not expect to bring
eyewitnesses here testify to this crime OF Goqrse &
that could not be expected and perhaps msht as W. wei
now, any time call attention to what one or I U
authorities upon this subject have said which, poOa1& Ply
will give clearer idea Of the earec o 1i m yo1 and
will detain you but moment in calling your alento " ;
two Of those authorities Says learned wret upon '' m
subject subject marriage and divorce ana domesc fe
lsions ,,.a oo,oo po,
ties rarely surprised in IT, and ii not only may Dl oru
narly must be established by circumstania evidence
Dr. Lushington, a high authority, observes:
81" is not necessary prove that the adultery with which
party Is charged should have occurred time and
place The Court be satisfied that criminal attachment
hsn ,Se esTsoas ee R which Is party
to indulge might with ordinary facility have occurred"
Cresswel, j., says
pouny secondly the disposition in the mind OF the aduere
thirdly the same in the mind of the pa ctnin's and the
proposition substantially true that wherever hese ce arc
found to concur the criminal fact is committed
In celebrated case Lushington used this language;
81" then in evidence that not merely was there crmha
attachment but that this attachment not rejected tat
reys he ALLEGED pdriceps ctins admitted his familiarity
received his correspondence that opportunities were coh
repudation that she at all dscountenanced MS passion
To doubt from such t9at ne o
upon the and that this was case o eAaotu
nary exception and singular innocence"
Lord St0weh high authority dsed this language In the
End Of Greenea page 49, from which Will read paragraph
he observes
81" fundamental rule that it is not necesssyc prove the
direct fact adultery because otherwise there not
one hundred in which that proof would be aainabe
It is rarely indeed that the parties are surprised IN ne
is inferred from circumstances that lead TO 1t oy
Ia es this were the and unless THE We're
held, protection whatever could be given 10 marital
cnson cannot be laid universally though many Of hem
OF obvious and Of frequent are 70 De
indicate them universally because they may be infinitely diver
Of general manners and by many other
apparently slight and delicate themselves but which may
case"
AS OF circumstantal evidence VIII call your
attention two paragraphs ChefJus,ice Whitman OF
Maine says:
factory direct because is not liable 10 deluson fraud
Chief fJustice Gibson says:
"Circumstana evidence is in the abstract nearly though
perhaps altogether strong positive evidence In the
concrete may infinitely stronger fact positively sworn
by single witness Of character not so salts
facory proved fact which the necessary consequence
chain of other facts sworn TO by many witnesses Of doubt
tu credbilty."
Shaw OF Massachusetts OF ables ursts
in the celebrated case OF Webster, said
"The distinction then between direct and circumsanta
evidence this Direct positive evidence where witness
of the issue in trial. that Of homicide that the party
accused did the death OF the deceased Whatever may
Bu suppose no present the occasion OF the death
and Of be called TO testify TO It, 1t Is wholly
cumstanta evidence may offered in such that is
that body Of facts % s Of & 0n ~ snd
certain as that which discreet accustomed TO act in
csion 10 their most important concerns 1t would be njur
ous to the best interests society such proof could not
avail in judicial proceedings II were necessary Always 10
have positive evidence how many criminal acts committed in
be community destructive Of its peace and subverye OF its
order and security would wholly undetected and
II II he safe and reliable proceeding obvious and absolute
Crimes Most men, conscious Of criminal purposes
security Of and darkness It h thersfoTe neGes Ss
say to use all other modes OF evidence ,os besides est ha
leading TO and satisfactory conciusons andtanks to
~ bnSs to each other are and combined together
that medium of proof often furnished leading to differences
and conclusions as strong as those arising from direct test
mony."
There is another class OF evidence Of the highest importance
in the investigation of crime and that is confessions made by
parties Where person makes confession, uninuenced by
fear and voluntary confession Of crime is considered
the highest character Of evidence OF the fact Says this author
"Fu confessions Of guilt by accused party the
nature of direct evidence and therefore do not properly fall
within the scope Of the present work brief notice how
ever of the character &C. confessions Of this kind when
deliberately voluntarily made justly regarded
utng the highest and most satisfactory species Of evidence
statement Of the physical facts which form the basis Of the
charge and which substantially the deposition OF witness
30 those facts with other important species Of ey
dence which be directly reached and brought to view
by any other means namely that which presents the motives
and intents which instgated and directed the criminal
and these ayowed by the party who Of all Others has the
strongest interest TO conceal them"