The New York herald., 1877-03-22
THE DOCTORS DIVORCE SUIT.

1uE DOtJVn DltOnOu pO1i'
WAS MRS. FERcHLAND's CONDUCT TOWARD THE
STABLE boy HARMLESS FLIRrATIoN?-THE
CASE SUMMED UP AND GIVEN TO THE JURY
THE VERDICT TO DE OPENED TO-DAY.
When tho doors leading to Part |. Of tho Brooklyn
City Court were opened shortly before ten o'clock,
yesterday forenoon, there great crowd OF men
waiting the corridors OF the main floor and gallery
TO obtain admission, and every part OF the hall OF
justice was speedily occupied. Tho attraction
the trial OF the action brought be-
forc Judge Nclson by DR.. Charles Fercb-
land against his wife. Christine Ferchiand for
absolute divorce the ground OF adultery the par
ticuars OF which reported In the HERALD OF
yesterday The plaintiff occupied seat by the side Of
his counsel, ex.Judge Norris looking the very ncar
nation of health and self CON mpacency he was
dressed In an elegant suit OF black cloth and toyed
carelessly with his watch chain, studousiy avoiding
the rcproachiul glanccs OF the fair defendant which
were. from t,mc to time, turned toward MIN as the
counsel either sdc made telling points
OF argument Mrs. Ferchland, who looked hag-
gard and frequently wcpt, at;ircd in
a robe OF silver hucd Japanese silk. trimmed
with blue velvet; black cloth cloak, and a
fashionable velvet bonnet Of dark shade, trim
med with autumn leaves. About her neck she woro q
white lace kerchef.
George Palmer. tho alleged paramour OF defendant,
though frequently sought for by the gaze OF the NOR.
bidy curous among tho spectators, was absent from
court The other present in full force
however.
Tho only witness examined yesterday was Mary
Powers, former domestic in tho employ Of tho Fcrch
lands who testified that she had never witnessed any
of improprcty the part OF the defendant during
her residence in tho household.
pEPENcE
Colonel Myenborg in summing up tho for the do.
fcndant which occupied hour, con,ended that
the pantf had failed to prove the charges contained
tho complaint There nothing in the evidence
OF their chief witness, Kate Davis TO show that the
crImo charged had any existence except in the pryng
and spying imagination OF that wholly unreliable and
uncorroborated domestic. Her testimony AS to what
she saw while pcepirg through keyhole was not suf-
fcient groundwork Tor Just and intelligent jury to
give verdict against an honest wile and mother.
IL would not do to permit the plaintiff TO
return to the home which he had broken up, and with
tho stamp OF approval his by Jury, cxcIa i'm
to his domestic, "Well, Katie, you now congratu
late me, or am q ircc man Como, let US havo q
bottle OF vino to celebrate my victory"
oh, no! The counsel felt assured that her virtue
and honesty would he respected by their verdict aud
her false husband should not rejoice over her down
fall. They did not desire reconciliation Far from
it, This could again dwell with
her husband; but the defendant was entitled
accusation, and the plaintiff should not be per-
mtted to 20 forth dissolved from The bonds OF matr
acts of George Palmer to incrmnate the defendant.
Throwing kisses, while 1t might be indscree was not
adultery. II it was, then the crime he doubted not,
might be charged against every porson present, for
was II not common to wave kiss 10 lady friends?
THE PROSECUTION.
Ex-Judge Morris made powerful speech dcnuncia-
tory Of the defendant He reviewed the testimony OF
Palmer great length and argued that hts admissions
as to what he had said and done were sufficient
rant verdict for tho plaintiff He dwclt upon the
caution with which the alleged paramour answered the
questions put to him, and said that even the moral
Of ha I'm m "A m an n
denial OF tho commission OF the act. But his admis
sious to certain details were to be taken into con-
sideration by the jury, and 1t would then be seen
that the chain OF crcumstantia evidence against the
woman too strong to be broken by tho defence.
When the stable boy living at Mr. Hnman's
across the street from wherc the Doctor lived ire
queny and took his meals with the defend
and parlor windows while George was throwing kisses
to her. Would the jury say this was but an idle rta-
ton? No, certainly not; It was the evidence Of loose
ness Of impurity Of intellect and OF mind. and not
the act Of true woman Sending him his lunch
every day and making signs Of attachment, counsel
submitted not the act OF "A virtuous woman. Tho
witness Kate Davis had carried note from Palmer to
his MISTRESS and had handed him one IN reply, when
he camc there that evening for supper. Dofendants
counsel had said no significance was be attached 10
| the presents of powder toothbrush and pcrfumery
which had been made by George 10 his mistress. He
| would ask the jury would virtuous woman receive
presents from her stable boys Would she
tell him that fortune teller had told her
months, and that her second husband might be
than her first, and then allow the servant to
n standard OF female virtue. When Katie, the servant
said to George, occasion, ''lf you don't eat
you'll die " he replied ''Ncver mind, Katio am in
love with the Doctors wife" Alter reviewing the
testimony at great length Mr. Morris concluded by
warning the jury OF the Importance OF their verdict
putting estimate upon virtue.
NELSON'S CHARGE.
In charging the jury Judge Nelson said Tho crodi-
bty OF the witnesses either side must DO duly
sidcIed by the jury in their deliberations They were
permitted to take cognzance Of the manner OF the wit
and their appearance while the stand. The
wisely orbids the parties the action taking the
witness stand as 1t might lead to evil consequences,
parties might conspre rid themselves OF each other
The act, II committed, was in secrecy, but the jury
might distinguish between q Irritation and the gross
and guilty act of adultery. The question for their
consideration 'whether the parties to tho suit
were married." That question was admitted. Then
there remained the question for the jury to Decide
Did the defendant comnit adultery with George Pal
mcr, at the residence OF her husband No. 252 Seven
teenth street, South Brooklyn, either In the month o
June july August or September, 1876 or at any time
or placer"
The Jury retired to deliberate at ten minutes past
one O'Clock. Two hours later Judge Nelson directed
one OF tho officers sond tho jurors ther
ncr, which done and tho counsel ana friends Of
the parties anxiousy awaited tho verdict and specu
lated to the result Shortly after six o'clock Judge
Nelson left the court room and caused the jury to be
instructed 10 bring sealed VERDICT which will be
| opened thus morning