The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-27
Waiting for a Verdict in the Great
Divorce Suit.
SCENES IN THE COURT ROOM,
The Closing Argument and Charge
to the Jury.

posed her Tho following wcro tho proceedings yes
to-day
CONTINUATION or MR.. FELLOWS ARGUMENT.
Colonel Fellows. in continuing hs address to tho
jury, urged that II there was an unknown man IN
MIRA Newe's room In Somerset street, Boston. as
tesuned 10 BY the servant girl, Mary Campbell,
other than Lorenzo d. Newell tLaughterl
II In evidence that Newell was at tho house ana
took dinner with his vito that evening. Mr. Fellows
urged that by divine ordination devised
taat ihcy could not Ito successfully. TAT THIS propo-
s,tion several jurors looked rathor dubiousl On tho
night Of The 10th Of October an unknown man was
alleged to have been IN Mrs. NeweI's room, and on
tho I'D Mr. Newell In letter TO his wife, writes that
he has got back 10 New York aud aliudes to
the false stories that had been gotten up
TO irjurc her in tho Boardman with litigation.
Mr.. Fellows argued ,h,t thus Mr.. Newell, In that
letter, himself admitted that tho story which had
boon gotten mp OF hcr criminality with an unknown
on the 10th OF that month was vllc invention.
Why did Newell not show from his numerous bust
ness friends that no was IN New YORK on The 10Th,
when this alleged adultery took placer As TO tho
Boardman letters, no willing TO submit them to
twelve OF the most viriuous wives and daughters OF
America, aud 10 take their judgment as to whether
they showed evidences OF an aduterous Intercourse.
Speaking OF tho passage In which she mentions "hs
first kiss" he said he would fancy tho KISS OF kind
phiianshropic man who had taken a deep, parental in
erest here but he could fancy It tho mot KISS
of an adulterous lusln Boardman's hand was tho
that raised her from tho deepest mire and placed
her upon high pedestal. (iere Mrs. Newell whose
eyes quite red, wept In suppressed way while
she kept looking quietly nj The table before her)
NEWELL oLsEY
Recess TAKEN after recess Mr.. Follows who
was already very hoarse, continued hrs speech Hc
claimed that Newell recognized tho great affection
Boardman mad Tor his vile by asking Boardman 10
lend him $4,000. There neod for Boardman
10 draw his check Tor such amount In order TO
crafty hrs lust Boardman could have that with
smaller checks. II was claimed that Newell was
Jealous OF Boardman; but so ne was OF General John
A. DIX, our then Minister TO France. You hnd New ell
rejoicing that Boardman had promised to reJon her
In Paris In order 70 make her less lonely "Was this
relation criminal, Mr.. Ncwcnf addressing tho de-
Isndantl No, Mr.. Newell to assume tnai, TO assume
that you took mans cast-on paramour Tor your
wife Tor tho gold she brought you, would mako
you lower IN the estimation OF than tho beasts
the neld." Taxing up the affirmative part OF tho
puiniin's case, the charge OF Mr. Newelps adultery
win Miss Oiney, Mr.. Fellows said that while hc would
raise objection 10 his wo going TO Europe or any
part Of tho world win Trend oil his, no would dread
fuiiy dislike II II were without his knowledge.
THIS, no argued, was the case with Mr. Newol's and
Miss Oinsy's trips 10 Europe and osnor places "A
we mean 10 say about MISS 0lnsy We nave upon tho
declaration OF this lxuocking ms ns. the ,a0lo
before NEWELL ana snAmo " 70 DC fastened 20 nes
u.
Hudson Rivor Tor ON night boatf Ny learned friend
said they went up 10 sec tho scenery. daughter,
which wasprompuy suppressed BY the Judse's savei
They the abators ana oil docks oil Hobokoa, and
then u got dark they probably saw no more. Next
day they stayed all day as .hs Delavan House IN Al
bsny 10 see more scenery. Wo all know The splondd
prospect which Albany presents 20 lovers OF scenery
In ITS lumber yards. Q.augh.er) Then our PARIS
aud Helen 10 10 modern Troy aud SEQ more scenery
me outlet Of the Eric Canal tLsushsor) Noxt even
ing they return IN another night boat TO SEQ the
scenery over again t4aughtert n.48
Why was u that none Of the occupants OF the Four
teenih house could be brought 10 tho stand by
the defendant 10 testify that they saw nothing Inn
proper botwesn Newell aDc Mise Osneyr fney all
had come 10 toll Of seeing Newell there AZ Iate
ing the koy inside MISS olney's room. possessing
night key 10 hsr house. &c. All these thngs showed.
guilt itself was cstablisncd BY Picxcrng's evidence
to Newci's confession That he mad boon criminaIly
intimate with Miss Candace NJ Olaey.
Mr.. Fellows, a. three o'clock In tho afternoon. saw
that the jury WAS commencing TO be wcaricd and IN
referring TO the iact PROMISED 10 hn,sn before tho
Judge Law renee that tho Court did nos SIT
Saturdays ana would be very incouvenient TO send
the till Monday. lie hoped therefore. that
tho counsel wouia copdonse ms concluding remarks,
as no dcsired TO charge The jury to.n'shL
ing Mt length 20 tho atsmp, to Dreax down flcker-
ing's character by cloud OF Boston witnesses, whom
no aeeliously dsscrIbci, AMID laughter, as inter.
jury, ION good and true" 20 bear upon tneir
arms the poor body OF this crushed woman. II ever
from tho heart Of this woman should come fervent
prayers for their dciivcrancc and happiness
TnE JUDGES CHARGE
Judge Lawrence nov charged she jury IN q clear,
distinct voice. THIS ordinary case, IN
which the Jufy were 70 ma either '0' ,hs of
pared by another branch Of the court would be sub
mlt,cd 10 them, aud, aficr toe, had decided these
issues, u would remain Tor another court tho Special
Term) 10 frame tho nnsi Judgment. HIS Honor now
read the principal issues IN tue case:-
Did ,he defendant In this action somrn, adultery with
IA All yore her Df nd
places that behalf charged In the plaintiffs complaint in
II hs Jury hnd that tho defendants did commit any
n. .s. q .a sss r. .sss
| snes. priv,ty or pf"cnremsns Of ihe plaintiff
either OF The Of adultery In complaint
Ave elapsed since the plaintiff discovered thu
ii the jury s"a h.s the asfonasn, aid comm, any or
tho pisn.a vounssy cohabea With the del since
she "a, as is. q The sue a
ener The acts OF adultery charged In SAID compaint
ni..ion d such aaa'ery by ,hs defendant
v a noe ma. ae n o. so%s sp ~. wss sns
places :. any time Or IN any place. tina, behalf charged
D,a ,ss pa'n,in In this .e.,on comm, sdul.ery Win
psse in sS.. sssi snsrssS 10 the sasS clause or
a'y,son o. .he defendant > amsnied answer herein
Did the plaintiff sommi, adutery with ono James y.
h IL charged in deicadani's amsnasa answer hereInf
Do .hs plaintiff commit adultery .,." man snsnown
place IN .a., behalf charged the aeen clause sub.
division % mo ueendants amended answer hercinf
ffthc Jury Ind that the plaintiff any ethcr
~. se.. 2. .aa...y sa.,s.a ~ said amended
Ance. privity procurement of the dsisnaAutf
tho jury md that the ann DID commit any either
of adultery charged In said amended
nve capsed since ths defendant discovered the
tact 81 sneh aduiteryf
thu ary And plaintiff commits any or elther
OF the acts Of adultery charged said amended
defendant voluntarily cchssitsd vita plaintiff
since no discovered tho fact Of such adultery
WHAT CONSIDERED.
The defence IN charges OF adultery might be that II
was committed ~ coonvanco or procurement OF the
pianin, and II such was the TACT the law refused
divorce 70 tho pIsnth IL was tue duty OF the Court
TO abstain from commenting upon or analyzing the
evidence IN this case ~ Iengin, when time ana oppor.
tunty were lacked TO ana ~ every piece OF evidence
Tor injustice would be done by abiding W one piece oi
evdsncs and not 10 another One Of The most Nus
trious Jursts oi England had said, long eighty
years ago, that IN order 10 prove adultery was not
necessary 10 prove The direct isct OF the aduiterous
act, but the adultery could bc inferred rom crcufn.
stances. IL should not Ue a0Oe hastily, but only ny
the guarded discretion OF reasonable and Just minds
AuuIleTI was q ctIme pacuIlArlY OIL dMTkness and