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

like my own respect for yourself VIII be deepcned
by the remembrance OF those toilsome but pleasant
days.
cannot part Sir with occasion without acknowl-
edgng nv obligations my noble and tried associates
II any merit attended my efforts 1t Is due TO tber
sagacy and wise promptings Posting me In the 'front.'
of this BATTLE they have yet stood its true leaders and
champions 1t has been regret and loss that unavod-
able circumstances have withdrawn very learned and
accomplished friend Mr.. Pryor much from our side
II he has not struck many blows In the field, no mas
nevertheless been the wisdom Of our cabinet Deeply
are we all indebted and especially myself to his ready
and large learning and judicious counsel
You will credit me, Sir, when again declare that tho
duty have performed has been most unwelcome and
painful / have not spoken aught in malice leave
this case without the slightest aspery OF feeling toward
any, flied with unaffected admiration for the transcend
qualities and generous courtesies OF my distinguished
antagonists No man vencrates more profoundly IMAM
myself the magnificent genius Of this defendant His
large contributions to the literature Of the times excite
the sentiment Of which Macauay spoke in his essay on
the Life OF Bacon Rich he is in mental endowmcnts.
prodga as his abors have been. they can shelter no
of ense against the law.
Genius as lofty, learning more rare and profound.
could not save Bacon. He sinned and fell Upon his
memory history has written tho eptaph, The greatest
and the meanest Of mankind" Toward great men in
disgrace like those who fall, Whittier New Engands
gifted poet, writes In his poem entitled ichaDod"
So fallen so lost the light withdrawn
Which once he worel
The glory from his gray hairs gone
Foreyermore!
Reyile him not-the Tempter hath
snare for all,
And plying tears, not scorn and wrath.
Beht his fall
O. dumb be PASSIONS stormy rage.
When he who might
Have lifted up and led his age
Falls back In night
seorni would the angels laugh to mark
bright soul driven.
endgOaded, down the endless dark,
From hope and heaven
Let not the land once proud Of him
insult him now,
Nor brand with deeper shame his dim.
DshonOred brow.
But let its humbled sons instead,
From sea TO lake,
A long lament, as for the dead.
In sadness make.
OF all we loved and honorcd, naught
Save power remains
A fallen angels pride OF thought,
Still strong In chains
All else Is gone; from those great eyes
The soul has fed:
When faith Is lost, when honor dies,
The man Ia dead
Then pay the reverence of old days
Walk backward with averted gaze
And hide the shame!
Gentlemen I commit this to you in tho sublime
language OF the great orator who speaks to you from his
grave at Marshfeld:
with conscience satisfied with the discharge OF duty
consequences harm you There is no evil that we
cannot either fly from but the consciousness of
duty disregarded sense Of duty pursIes us ever IL
the o wings Of the morning and dwell in tho uttermost
parts OF the earth; duty performed or duty
il we say darkness shall cover u.s. darkness in the
light our obligations are yet with US We cannot escape
US in this fe will be with its close and in that
sense nconcevable soemnty which lies yet further on
scousness Of duty to pain wherever been vio
lated, and to console us so far God may have given W
grace to perform it, Applause.
REQUESTS TO CHARGE BY THE DEFENSE.
Mr.. AbbOtt-If your Honor please, as init
mated we desire present requests to charge
behalf of the defendant Perhaps our learned friends
may which they desire to submit and II that
be the case after they have had opportunity So
we should like like opportunity.
Mr. Beach--we have requests to make.
Judge Neilson-I will hear you now Mr.. Abbott, II IL
suits you.
Mr.. Abbott-Before proceeding, I think my learned
friend will bear with In saying. in regard to the
thores which he has quoted In reference to the propr
ETY. OF counsel testfyng In their cause that the
thores which he has read recognize that wherever las
is tho case In most Of the States Of the Union,
an attorney or counselor is competent as wit
ness In the case in which he represents .
party, there may be necessity which makes
imperative duty and refer your Honor to Robin
son agt Dauchy in tho Sd Bar, well the Of
Little agt McKeon, which friends mentioned set
Ting the question that In this State the counsel is
petent and have only to add that in our Judgment the
testimony given in behalf Of the plaintiff and the chal-
enge nterposed during the opening made clear of
that necessity which the law regards imposing the
duty upon the counsel
The first proposition which wish to submit to your
Honor is that:
l. Irrespective OF the question whether defendant ever
committed adultery with plaintiffs wife, and without the
passing upon that disputed question OF fact, de-
PENDANT entitled " their verdict upon each OF the fol-
lowing grounds:
please that requests would be handed your Honor
and that your Honor would pass upon them without
gument.
Judge Neilson-There is TO be no argument said to
Mr.. Abbott would hear him now 1t wont take long.
Mr.. Abbott
l. There Is no evidence in support OF plaintiffs allie
cation that by OF any such adultery the plaintiff
ever lost the comfort society, aid or assistance OF his
wife,
2 He continued to cohabit with his wife for years after
the time OF the alleged communication to him OF the
g. After such alleged communication, upon consider
alton OF satisfactory explanations as to the alleged
injury, and OF protection Of his wife, his child rem and
himself from public condensation in respect OF
same, the plaintiff and defendant concurred In the pur
OF reconciliation and in the surrender of further
satisfaction and compromise between the parties and tho
plaintiff is thereby estopped from maintaining this action
In reputation OF such settlement.
The second proposition 70 which shall call your
Honors attention is that's tHI.
H. Upon the whole evidence upon the principal issues
in the there is not sufficient proof to sustain YER
dict for the plaintiff and 10 Is the duty OF the jury To-
render verdict for the defendant.
your Honor in the exercise OF the judgment and dis
erection which by the law Is vested In you should see 10
to decline these requests we shall scarcely regret It.
At the same time, we unanimously feel that the law
would ente us and does ente TO these directions.
and we desire distinctly to make the requests
ch IL xbax.