New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-24
THE SUBMISSION OF REQUESTS RESUMED
Mr.. Abbott-The fourth proposition is:

Mr. AbbOtt-The fourth proposition Is;
The plaintiff cannot recover unless the Jury are s9 ms
fed by Affirmative evidence thai defendant actuay ha
carnal connection Win plaintiffs III go 5s1
NOTE.-WnsmOre agt Greeaoank' "l4es' o''' DOL
The language OF the case Is:
The Cont must be satisfied that there has been sur
render nnt only Of tie mind. but OF the person ainer-
Ton Ton AT s1,h A. r $50 Davidson act Davidson
Deane En-. Fec. I32; Hunt agt Hunt, ID III, ~;
Simmons ,@SSe 6 I sr9Posted Notcs OF Cas- 5i aed
q Notes Of ca, SIS; eaton Cation Notes OF CAS-,
10 and see wilson AIT Wilson Wright, Ch tOhio 1913
Mr. Beaeh-That is a citation Of number of authori
tee to proposition which never has been discussed IN
.ns case to which certainly submitted no authorities
Judge Neilson-Very well
Mr. Ablott-'V. The Jury must find
Mr. Beach, insist this ri sh shall be strictly and prop
ery pursued
Judge Neilson-Nery we'll
Mr. Abbott Reading;
V The Jury must md for the defendant unless con,
WINGED by the proofs, OF tho "ctuA adultery ocyonu oil
SoTTn Bsrcsmans ag Bereknans Court Of Error and
Appesls ls64 opinion by Van Dyke, J IL " j. 70 y T. r.
6raen l53 affirming l6 i'd l@= the rule was lad DOW a. ~
follows c under the necessity 40, ohy Oh
placing reponderancc OF testimony IN aT0T o. Ine
Charge but 81 proyns II 70 the % Lar Il must be
one by such an of overwhelming and TAX m
Evidence "a 20 be 1aeh As SATISFY mind and
PerpeIns doubts as to whether the
o afer careful examination of all the competent testimony
such doubts MAN IN noH va ds Ie" ~" '
Followed agt Freeman 81 Wise 3D. as,dA for
Id
% te same eject Anonymous II Abb Pr AS and see
GTssn Ss Dillon Notes Of Eco and AIS Az
onss S as aon Of adultery Held mat concerns
there tine S be a IS DOUBT she en it Even #
Ca gy ssaSo hat the doubt
the s, SSsrss soSe of Fec 25s sO
tConsistoy Conn s44, Dr. Lqshngonl suit i9E TyorCo
nsIeTS not whether adultery dd place for The aoso
lutte truth cannot be- ERC% 70 mes the fact must
1oT give way 10 suspicion sTse must be governed by
'S on in FSnsseIi ag Fsusset Notes Of Cas- 81
says the question Of adultery question oil guilty OF moi
acton Of Grim con- properly subject 70 the rules as to
sI Ss Morris vs. Miller 2O57 Id Mansfield
I1S5 G cros IN VS. vs. Bradley So i25
Judge Neilson-I would rather you would give me the
nonts without the authorities. Consider them cited
Mr. Abbott-If your Honor please, conceive that IL Il
matter Of right on the behalf Of the defendant, within
uch limit of brevity as your HOnors discretion may I'M
DOSE and which shall not transcend 10 give you WIFE
the propositions which desire 10 have your Honor
consider the authorities upon which they are sus
tanned. ..u r,o,o, a, &. rnn-ecasen,ad
70 have this character at the close OF The
argument While concede the propriety and the right
OF counsel 10 make requests in court to charge ano
to cite your Honor authorities he please, do nsis
that shall not be made the cover OF reargunent
the case on the part Of the defendant.
Mr.. Evarts-That we agree to.
Mr.. Abbott-That we agree TO.
Mr. Beach-That they don't agree to at all, in practice
Mr. Evarts-Yes, we do.
Mr. Beach-That Is q matter about which we differ,
that Ia all think they do not, and think your Honor
should protect US In this right.
Mr.. Abbott IReadingl:
vi The verdict be for the defendant unless the
result the whole evidence on both sides be such as
produce the deliberate conclusion OF the jury lega
certainty OF guilt. - - =, ~
Washington says must adequate legal proof
Many occurred and must occur IN which moral
opinion may be one way but judicial decision anotheg
Clare Clare - j. r. nery 9 9rssn NOS 80 Sn Sna N
direct but must De entitled IT, and command DO
Cooper ag Cooper 10 La TO- s. 24e Supreme CT Opn by
Bulard r. Held that In an acton for divorce on the
ground Of adultery Of adultery mutt be fully proved
II will be sufficient that the circumstances are extremely
suspicious
VII The charge OF adultery IL that not merely m
wolves q pecunaIy claim against the defendant ou
eliminates the plaintiffs wife, and tends 10 disgrace hei
children and threatens the marriage relation ltsef ano
proper the jury consider these ordinary and
natural consequences Of conviction in scrutnlziDg the
evidence acting adequate proof 10 establish an ae
cusaton involving such grave permanent and remedes<
WIT IL on Weighing the evidence on both Sides there
remains the mind Of the jury doubt or perplety az
the adultery they must md for the defendant
sork-Berckmans agt Berekmans Ia y. >; 70 q Q. y
erssn 453, arg is ID, l22j Freeman sgl Freeman 81
TX Tbs higher the crime, or the graver the wrong
sought established the more stringenty the rules
Of evidence should be enforced and charge OF criminal
Conversation Is not TO be fixed upon person DuI by the
Son .hssfSain sgt ssAn. 81 Mo- sos Purcell sst