New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-25

since they were handed to me- person whatever
has seen them.
right TO notice Of them and to have been heard upon
them, and to have met them by evidence
Judge Eeison-I don't know how far you might need
to your rights in that direction.
Mr.. EvsrsYour Honor has disposed Of the matter as
the application has been made 20 you. II It became
subject for to meet should have no difficulty in
meeting it,
JUDGE NELSON'S CHARGE TO THE JURY.
Judge Neilson-Gentlemen of the Jury, you
will find II fatguing to stand up and you viii please to
retain your seats
Your term Of service, gentlemen, here IL drawing to
You ind relief in the expectation Of return
ing 10 your daily avocation to the unrestraned habits
of daily life You also be grateful for having been
able to give such attention to the case as prepares you
Tor the duty yet to be discharged
have OF tho importance Of that duty and mean
to give you all the aid consistently But must do
within limitations imposed by my habits and convic
TONS with especial reference to the influence which
Judge may properly seek to have with jury have
persstenty and upon principle, refaned from stating
to ures my opinions upon conroverted questions OF fact
The exceptions this have been to points OF
slight Importance AS an Illustration OF my general
method, and helping to proper estimate Of your
position, turn to the 18th Of ADbotts Reports, page
343, and read few words from my charge given at
length In the report of q in this court What
said to that jury say to you 1t Is your duty TO
accept fully and without shade Of mental reservation
the rules Of law stated But, the other hand wish
to pay like degree Of respect to your great Office. You
the sole judges Of the weight of the testimony and OF
the credbty of the witnesses. Of this restraints
me from commenting upon the proofs at large and from
indicating to you what my opinions may be on the
questions Of fact involved Your recognition Of that as
your relation to the court and to the cause due to
these parties well to yourselves My recognition OF
1t Is due not only to you but to these parties the moral
force Of verdict depends largely the fact that
the unbiased gment OF the twelve selected from
the body Of citizens, and in the most solemn form
known to our laws, consecrated to the service. But
without intrudng upon your province shall be able TO
assist you materially and as the eXgencies OF the case
require
The learned counsel have repeated and dwet upon the
evidence your hearing, fully that need not detan
you by going over these volumes Of testimony. repe
ttion In any form, OF what you have heard from
the Ill witnesses would send you to your deliberations
days hence, weary and perpexed. That may not be
performing futess service must assist you to so ar
range and classify the evidence that you grasp and
apply IL. That may not leave your minds troubled by
the conflicting authorities you have heard cited must
state the rules OF law according to our present concep
ton Of them. II can help you TO clear apprehension
Of precise questions you TO consider and OF the
character Of the evidence and the rules and principles
applicable each of those questions, you may be pre-
stages of inquiry result That great body OF testi-
mony only be resolved by proper arrangement and
distribution Some OF it relates TO the principal question
in ISSUE some Of it to the credit due to certain witnesses
Of it to the mere question OF damages The plead
ngs have been stated in your hearing and you perceive
that the charge of adultery denied by the answer lies at
the foundation OF the Upon the issue thus joined the
burden Of proof the plaintiff You also to un-
erstand that evidence should be such to con-
yiction to the minds OF just and prudent men; should
point the actual guilt more directly than to any other
reasonable hypothesis. The wrong charged in this com
plant might be proved by direct or by crcumstanta
eydence. But such charge is not usually proved, or
indeed provabe, by direct and positive evidence The
is obvious In most instances where under social
restraints apparently proper intimacy degenerates
into centous acts the evil intent and life put on the
garb of innocence To such TO all cases OF doubt
and difficulty the law Of evidence, searching and flexible,
applies peculiar tests-presumptions and differences
drawn from facts and from conduct according TO the
dictates of experience that finally the question OF
guilt or innocence may be determined by the Jury In the
light reflected by the surrounding circumstances few
simple Illustrations stated with reference to case OF
this character enable you to understand sufficiently
for our present purpose the difference between direct
circumstantal and presumptiye evidence. II witness
should testify that he had the actual commission OF
the sexual act charged that would be what Is called
direct and positive evidence witness should testify
that the wife and the paramour, defendant had occupied
the same all night in such manner as
tended TO the conclusion that they had slept together
or If he had admitted his guilt, that would be
circumstanal evidence. IT, to letter received by the
defendant explicitly charging him with the adultery he
had answered, simply saying am sorry and hope to
be forgiven" IT, being thus charged in conversa-
ton by having interest in the matter he had made
no whatever that by natural process Of reason
ing would be presumptive evidence In acting on cir
cumstantia or presumptive evidence a jury should
cautiously, wont
to do when travelling in dim twilight on unfamiliar roads,
and distinguish the notion arising on suspicion or
conjecture the relation existing between the OBJ
served and the inferred facts