New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-24

the evidence siuced by tho plaintiff, the defendant is
the relsons between himself and Mrs Titon were; and
Ia the only person whom the law permits 70 speak ~
witness rs 20 those rc'aii0ns.
Mr.. Beach-Now. submit. your Honor. that that Is
more argument.
Judge Neilson-Certliny.
Mr. Abbott-rhat Is a req st
Mr.. Beach-And protest against r.
Mr.. Evarts-rt is request TO charge
Mr.. Beach-It Is not a request.
Mr.. Egarts-Wo viii sec.
Mr. Blackwell. Sir. submit that the counsel has no
right under color OF request. to submit argument OF
this character.
Judge Neilson-That IL aryumentstive proposition
undoubtedly.
Mr. Abbott-The next proposition is:
XII Crcumstanta, evidence establish guilt must be
such exclude 10 moral certainty every hypothesis
but that of guilt in other words facts proved must
not only all be consistent with and point to guilt but
they must he incons Itent nth innocence
Norg.-In People art Bennett ~ ". " l37, III. tho
S Sas IN az Pl from evidence there aro
general rules TO be observed
Mr. Beach-That. Sir. is in criminal case
Mr. Evarts-You have right to make your request.
Mr. Beach, have right to make a remark. too.
Mr. Evarts-Oh no.
Mr. Abbott readngl:
The hypothesis Of delinquency guilt should asw nat
NE evidence must be such ca a. enes TO moral
nt every hypohess tut sa Of guilt OF the GfeR ms am
sstent with and point TO- guilt not only but they must DO
appcabc 70 the charge Of adultery Charge of
KILL The law does not dispense with direct proof Of
thc sexual act and accept cireumstantal evidence IN
the parties deviatnc from open aud honorable adher
the propretes OF chaste society. and showing
portanity by their resort to seciasion and security
Mr.. Morris-They arguing. and submit that your
Honor has ruled that that is not permitted.
Judge Neilson-tTo Mr.. Abbott Have you copy Of
those requests that could takei
AbbOtt-Yea
Judge Neson-Have you an extra copy. meant
Mr.. Abbott-Yes. Sir.
Mr. Beach, submit Sir. that you should require that
the copy should be banded up and submitted to your
Honor.
Judge Nelson wish to answer each one in turn.
Have you got copy. gentlemen, that you hand mo
now. that may look at the requests as you read
Mr. Evarts-we VIII hand to your Honor as soon
getit ready.
Judge Neilson-I would like to answer each one as we
90 along and not have go the whole ground again
Mr. Abbott (readngl:
NOR-In Of this class tho law in calling for proof Of
ianaIies regares s1ch faniarss as disclose sensual
requires such secusion and security Indicate design 70 IN
In AT stone. Notes & Cas- 27s. 3Oi
SCons,sIory a. - Dr. LEshington st for dTSTce io
sheraton that IN The conduct and conversation OF Mr. stone
upon but more necessary md here even with
W5ch %Sn haSS Converted all ohsT deab @
into proof Of the act there Is not one act Of nie am
course subssed between The parties for TINS long period Of
y Rave been more direct evidence OF it, and must under
these eTcnnsances pronounce that ~ charge Of adultery
In this same case where tbs meetings relied upon oppor
of The bed Of Tx person aScnsedhea that as they might
have occurred for IMPOSES consistent with perfect Innocence
the following cases fairly Illustrate these rules
familrities not proof iuset ag fassst, Notes
andes a99 xa9 s ntsoen familiarity
(Hamer.on AFT Hamerton, iiags:, Eco. 81
hut with opportunity-not proof Caton agt Cation, Notes
Wiling recip Of letters OF solicitation; suspicious
and opportunty-not proof Hamerton agt Hanerton
Evidence Of criminal disposition. and attempt 70 gain Oppor
Opportunity alone not proof amnrIen asE Hamnerton
more fully reporcd in Notes Of CAS- 32
Opportunity unconnected with proof of desgn-not proof
faniares; elandestine interviews loveetters
expressing desire glo"ei D oppoFany-heid proof Grant
Indecent amaltes receipt and keeping Of love letters
night at the nn-hed proof BranweT BTamwe,
xiv. The Circumstances must be such as would lead
the guarei scre.iDn o. Iii F W ' not 70 Lead
harsh and incorporate Judgment. moving upon appear
anccs that equally capable OF two Interpretations
upon things differently from what would strike the
Ferguson AFT Ferguson sandf sO7 Loveden agt Love
den @Hagg Consist Thayer agt Thayer lOl Mass. Ill
Mr. Beach-The very authority that read to the Court
and jury.
1The counsel for the defense here handed printed
copy OF requests to Judge Nelson
Judge Nelson ITO Mr.. Ab5ottl-What number are you
att
Mr.. shearman-Request No. 10. on page 1G.
Mr. Abbott-Your Honor will that these are not In
strict order have made selection, and do not pro-
pose to submit them ali. lReading
XIV The proximate acts relied must lead. by fair
inference, to conclusion 50 far inevitable as that the
superstition Of innocence cannot by any just course Oh
reasoning be rccOnclled win IT,
u Abb Pr 4s and cases cited rom
nnOcence and which do not lead 20 guilt by lar
the inference that aultery was Mqser & Mosr
soD al. Ferguson g ssndf 3o7l.
XVI. Mere proof OF opportunity to commit adultery s
no evidence whatever Of guilt there must be coupled
with it evidence OF circumstances at the same time,
which cannot reasonably be explained except by criminal
SoTE"Ma yer ast Mayer 81 n Eq F. Green 246
6eTe proot Tat the affections the wife
sranged from her husband during the lat part OF tne
good terms with the alleged paramount but only
Without and there doubt 4. occasions on;
to m parties s ey re in that il was
together under suspicious cfSasanc9s "hcn cn11 bi
could not well be explained without Bill dismissed
also agt Stone cited above NOTES oil Eco MO-
Xviii When in addition to the open relation OF init
mate friendship there is superadded the pastoral rea
ton, intendment against the chastity OF popre
that intercoursetcan be drawn except upon PROOF Oh
appropriate TO such relations
NorR-Visits a clergyman ut suitable times and con
Quoted with decency 20 be expected especially OF one
recommended her husband may not however pm
yate AFFORD inter Illicit intercourse even the
wife living alone with servant In the absence OF her
hushand king King scotch Cas- "a SERIES oS3
Where parties sustain the relation VI clergyman and
parisioner viii be less readily Inferred
u Bishop, Mari q ID, 63l.l .,
XXI No charge OF confession on tne part OF the
nlaintjffs wife Ia evidence against the defendant
NOrg-Baker as- Morleg. Butler n p, Is McVey gag. sgt
Ch 1885, Jinkings agt Jnkngs l. r. Pr & d.; go s c.
az Law Jour, Mat Cas-, as Robinson agt Hooinson-
swabey q TT, 562. . A.. ,r,,.,