Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-06-08

er, accordingly, that in any important matter
witness such as Mrs. Bagof. in the circum
stances OF this case, was not a witness upon
whose testimony they cou i safety act So faraS
she was cnn;ridic;ed, and even 50 far as she
was not corr"horated by other credible evi
dence. For Instance. The story of The sham
marriage might be diScreditPd. and thev had
heard the able and eloquent remarks of the
defendants counsel in reference to that He
letter which he he'd i'm his hand, and in which
she said she was sending back the enclosed"
and so forth, did not point to the relationship
OF persons who were husband and wife. He
concurred in all that, but it was curions and
unfortunate that they had not the enclosure of
that letter. He was sure If Mr.. Fry had that
letleI ~ would have been produced, but, on
the other hand, that was all he could say about
Certainly he did represent to his brothers
ana 1riends that there had been marriage
before that which was announced in the news
papers Well, that being so, which was the
more probable-that Miss Werner a Young
woman, an attractive woman with 10000 aud
with fine connections. fast as she was, would
have formed an Illicit connection with Neville
Bagot through some form of marriage or that
having, some liking for the man, as she said
she mad, and covetlng, as perhaps she had
peen Justly charged, the enjoyment of success
sion 10 the great property this man possessed
5000 year and f5O,0oO-she would go through
a Kind of marriage with him, and surrender
herself to his embraces? 1t was credible that
woman would consent to go through reg
1Strar'S marriage, or private marriage, and be
QtCeiNta Ill going through q ceremonial which
at the time she believed to be a marriage, but
which was not marriage at all. The husband
would thereby be guilty of a crime for which
he would be anSwerabIe not only to the law of
Gcd, but to the laws of the country. Waat
would be more natural than the fact of its be-
ing a sham marriage would come out from
christopher Neville Bagot in some unguarded
moment OF irritation or Impotence with his
wife? suppose he quarrelled with her and
called her bad names, would it not be a natu
t tai dhlng Ior him to say, You are no such
thlng as my wlie-it is all humbug?' If that
occurred, was it nOJ natural then, that she
sh oud press him with all the urgency of a
woman to have another marriage, having re-
she should threaten her friends that she would
tell her mother, Lady Werner? What would
tfen De the consequences? Her friends would
Inc sham marriage, and C.. Neville Bagot
would not only be disgraced in society. but
would probably be punished by the laws of the
law regarded with so much adherence as Oh
tanning possession of the person of a woman
by fraud and deceit. What would be more
that, in her dire hour of distress. her child
about coming into the wOrld-what more nat
ural than that she would consent to promise
and sign anything if he would only marry her
c. Neville BageI was cunning man. and he
fJudge Narren) could ina CINE his debating
anything. Hereferred to her tipSy friends and
lovers; ana undoubtedly there were fast young
gentlemen ar some OF the supper parties, and
the course OF life was not creditable TO persons
in high position. 1t was natural for c. N Bagot.
IN the circumstances, to say to her: Il will
nave no more OF those affairs; no more aSSOci-
atoms with tlpSy friends and former admir-
erS.' He (Judge Warren) did not think ii his
duly TO express any positive opinion one way
or the other in reference to the sham marriage.
1t might not be the duty of the Jury to express
any special opinion on The subject but if they
di>credlted Mrs BagSot's story in reference to
in most compromising manner aff,ct the
testimony of that lady. But the view which he
(Judge Warren)had presented as to an insane
deluslon did not rest i'll the slightest degree on
her evidence.
In conclusion, his ordship said, without ex.
pressing any opinion of his own one Wav or
lhe other, he felt at liberty to tell them, with
out being bound by his 0piniOn, that he thought
a Gear case was made out in favor of the
pial n'itf on the issue of unSOundneSS of mind
on the part of the teStatOr. The cost of that
lrlal nad been enormous, and he sincerely
hoped they would arrive at a SatiSfact ory con
cuSIon,S0 that justice might be done the rights
OF all the parties.
The jury retired at O'clock and Mr.. Mac
DonOugh, q. c., took several exceptions to the
learned judges charge. After an absence of
an hour and three-quarterS they returned, and
the foreman said they could not agree. Fur
Their instructions was given them as to the
erect OF deluSl0nS on mans mind, contra
distinguished from pronounced insanity.
Judge Warren explaining that the existence
oil deluSl0n as to the paternity of the child
would, If found atfrmatively to have existed,
render the teStator man of unSOund mind
Tor The making OF a will. The jury again re-
tired and, after two further announcements
that they could not come to an agreement,
shortly after o'clock the foreman said they
had made some progress. At first they We're
IL against ], and now they were all agreed as
to the second issue, which alone had divided
them, and on which they now found, That
the testator was Of sound mind, memory and
understanding, except as to the paternity of
the child"
Judge Warren asked: Did they believe that
he was OF insane mind as to the child The
foreman replied that the jury be ieved he was
under delusiOn as to its paternity. Judge
Warren then directed the, jury to strike from
their finding the words Except as to the pa
ternity of the child and to insert the word,
INC. not" SO as to make it read, I'VE find that
and understanding verdict was then en-.
tered for the plaintiff, Mrs. Bagot.
The announcement of the result was receiv-
ed outside the court by large crowd with
loud cheers, and Mrs. Bagot and her counsel
received an ovation as they left the building.
new trial will be moved for on June l. but
Judge Warren had intimated beforehand his
determination to refuse conditional order.