The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-31

opinion :-''rhere is no special provision IN tho
lteiian codes granting cause OF action for dam
ages Ia case Of adultery against toe gullts party
anu the accompce. he only special provisions
on TINS polnt 70 be ound Ia those coaes are nat
adultery gives cause Of &C ion Tor separation,
Win the forfeiture OF all the rights deriving fum
the marriage contract. and that a criminal actiOn
can re brou- NJ against the adultcrer and the &C
comp1ce, y hien may enc IN not more tnan two
years hpprisonment Of ooth, wlth the ada iou Of
a fine imposed. on the aceomplice. Tie ABSENCE,
however o. special provision would not prevent
ths larry wronged nom suing under the general
pIoyls . u OF the clyi coue, whicn Is substantially
The same principle OF the law oil Iorts on whca the
action 1Or damages Is Drought mere ana ia Ing
land. the Italian law, however, does not
recognize WnalctiYe OF exemplary damages 10 tue
Deuent OF tue pa ~ Wfonged, ana real and eouse
Quenual damage s could only oe aliowed IA sum
10 be aXe4 W tile discretion OF tue Court ana nOt
Of juiy. trial ~ Jury Is not generally known
the 10 ctyn action. A partlcular feature OF the
law III Italy. wulch IN the NAN IS the same
that n France, bOta being derived from tue same
source, the Roman law, is that Il is a bar % tue
llgnt 81 action tue TACT that the person sung Is
also guilty Oh adultery. As To the manner OF con
Quoting the proceedings the case would be very
different there rom ne Itton-Beecner case here
Inc case you q not De Aeard Deiore Jury out De-
10. e court composed Of regular judges nominated
10 the Ben Tor re 81 Inc executive. Tue plain
the aduilerer anu the accompnce, ana no pa tes
t0 the suit could gave ties .mOny, and thus tue
waoie evidence 70 be offered IS not required
as INTENDED 10 cOrroborate contradict
the sworn statements Of the parties Interested,
but To suDstanuate lnsegraly their respective
peas. Ihs Judges, on leeelVns Tue eViueucs
offered, are not 80 very particular, and tne Law.
yers also are not so Very READY 10 OQJrcG and
accept, a. they are aiterwarc aAJWed on Tue ar.
gument TO point out the improper evidence That
should ne aisreg arued Dy the Court, and Tue CourI
MIii base it decision on such PROOFS only as nave
q strict legal Tearing according 10 the rules oil
evidence. Inc Court IN giving the decision, Is
bounu 10 state the conclusions VI iact anu OF Jaw
ana tue reasoning gu which sucn conc lstOns are
Based aud perhaps IL case Ike lAtOnis and
Beecner's ne court might give as part OF tue
reasoning the dlctum gwen BY an old Roman
ludge aud commonly quotel, That man and a
woman, having no business together, ana VINO
are lOund IN room with closed doors, are not
presumed 10 nave been saying tnelr prayers
GERMAN CONFEDERATION.
Mr.. Solomon, legal adviser oil tue German Con-
sulate, stated:-"Mr. BeecAer would be tried by
an ecces las tcai court IL Germany. and. /, luund
gQnty OF adultery, would be removed rom his
position anu handed over TO tile Criminal court
In the criminal courts they nave jury; other.
wise tine jury system does not exist IN Germany,
The Court j. open to Sae public. The Jaw wntcn
permits a husband 10 claim pecunlary damages
Ior us wlieiS dlSnonor Is unknown IN GefmanJ.
ms remedy peculiarly an English and AInerl-
can INSTITUTION. Adultery Is punishable with I'M
prisonment in the German Empire, but women
are not generally punished. Duets often result
from these cases, Whtcn are gwen as little puD-
ncity a. possible. We nave no cross questioning
VI Witnesses
IN JAPAN.
HERALD reporter called upon the Japanese
Consul, aJ his Office, No. I Warren street, when
the following opinion was glven:-"Uommon per-
sous guilty Of adultery are imprisoned from one ia
two years, with hard labor, according to me dis
cretlun oil the Court Ii q clergy man Ike Mr..
Beecner were iounu guilty oradultery he would De
imprisoned from one u ten years, with hard LABOR.
here 10 money compensation thar an alleged
Injured husnanu Ike lllton, can sue Tor. our
Jures appointed by Tue executive an thorltieS.
For people committing adultery, VINO are under
1iieen anu over seventy years OF aye, there are
eXlenudtlng circumstances"