The New York herald., 1878-03-23
THE. COURTS.
A Wife's Letters the Basis of a
Decree of Divorce.
CHARGE OF BLACKMAIL
Opening for the Defence in the Trial
Of Lawyer Grow.

Judge J. r. DAILY yesterday rendered his decision In
the suit Of Edward p Dickie against Mary Elizabeth
Dickie for divorce the ground oi adultery Will
DO remembered that the plaintiff charged the de-
fendant with the commission OF various acts OF
adultery ut Low Point and elsewhere, which the de-
lsndant denies In his opinion Judge Daily Gays
that tho pcrusal Of tho vast amount OF testimony
Iaken In this leaves tho impression that
either the charge OF adultery 10 well founded or
tho defendant Is tho victim OF tho most extensive
elaborate and daring conspiracy known in judicial
annals That the former, and not tho iaitor, Is tho
case her own letters furnish sufficient proof No crime
Is mentioned in them by ils proper designation. The
letters not merely a petition Tor restoration
or love and confidence. but they distinctly
acknowledge q wckcducss ana indicate hu-
nility which the innocent would not only never
express but could never feel The commup ,catons
70 some length in indicating where the truth lies In
respect OF tho testimony TO later aduterous ner
course. They refer to paper which she had written
but had sent. and this manifesty the hurried
message to guilty "friend,' but subsequently torn
up by her instead Of being despatched. There 10 but
such paper IN the casc II s In possession OF her
husband and the fact that he had discovered 1t was
could inferred that paper uniavorabe to her she
admits, and rofers 10 II only To show that by Lot
that had begun abhor past conduct much
that rather than have any further communication
with her "friend" she would let him remain un-
warned Of the discovery that had overtaKen them.
Tho paper being thus very fully identified its con-
tents Of great Importance because they rsler
70 rendezvous in Sixth avenue-a slight vari-
ance IN locality does not matter This paper IN.
dcated the existence OF Ltdison between the
defendant and somo man. and goes ar to confirm the
Iestlmo0y of several witnesses Ou that point As 10
tho evidence OF adultery al Low Point aud PeeEsk,
the referee has found credit tho witnesses
produced by painul, Notwithstanding tho attempt
mpeach their veracity. Tho referee had the advan.
a4o seeing these witnesses and noting their conduct
under the searching examination TO which each
subjected. In every great weight 10 TO be
sacheo 10 the opinion and OF ablc acute and
conscientious referee wheu the issue before him in
wolves tho question Of credibility, and particularly
divorce cases. where dsinterestcd Witnesses called
10 certify There 49, OF course, nothing Impossible in
the stories told by the principal witnesses to adul
ferrous acts, aud ot other Witnesses VINO Testified
TO familiarity suspicious behavior. Their stories
undoubtedly have improbable aspect. The Wit
nssscs have all pcrjured themselves or the charge
OF adultery Is proven. The letters confess crime,
and II the crime he adultery the principal ground VI
doubt vanishea Tho proof IS clear, POSITIVE and
Btraghtforward entirely sufficient to sustain the md
lug OF tho relcrse II no convinced ol its truth.
In conclusion Judge Daily says ttat he regards the de-
lcndants letters written after the separation
clusive. Ho says she asks forgiveness and nowhere
claims that 1t has been extended. The report Is
Armed and divorce granted.