The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-30
TIE 0LIVER-CAMER SUIT.
GEN BUTLER'S MOTION TO THROU 1T
our or COURT REJECIED.
Hnd the Widow settled with Cameron, md |
Was She Realty widow or the Mifc or |
OlivcrG-A shnrp Debate between Counsel

OivcrF-A sharp Debate between Counsel
WASHINGTON, March 20.-At the opening
Of the Oliver Cameron trial this morning, Gen.
Butler said thpt the first question to be settled
was. whether or not any OF the communications
made by the plaintiff to Mr.. Riddle were to DO
stricken out Tho defence had reserved m ex-
ccption. Mr. Peters preferred TO hold tho OBJ
lection as originally made. as he thought 1t one
Of considerable importance to the bar.
The Court said 1t should hold that all Of tho
communications made ly the plaintiff to Mr..
Riddle. excepting those TO be given to MIR. Cam
eron came under the rule. and he should In
struct the jury to disregard the testimony to
that extent.
Cen Butler then referred to what he
claimed to be- tho strange and remarkable
fact that Justice Bradley had delivered an
opinion on paragraph 1913 OF tho Revised
Statutes. and a statute OF the State OF Ohio
while. when he came TO examine them. they
were just the reverse in text aud meaning to
the construction given them by the Supreme
Bench.
Mr.. Peters started out by saying that no did
not think this tho place to Introduce State
rights, or that what was done in Ohio could have
any weight here. II they were TO fight Fort
Fisher and Big Bethel over again, he would like
to know it: but these matters did not belong in
the case.
Gen. Butler believed that he had avoided in
the case. on his part. anything like vulgarity.
llo did not see that it WIS necessary to introduce
his military history during the rebellion into
this cause. II it WIS. then he would abide by il.
aud he thought il would stand MS we'll before
the country ~ thnt ofthe gentleman tMr Prtcrsl
who sppn, u considerable portion Of his time in
the Old Capitol prison-a traitor To his country.
Mr.. Peters denied that he had been vulgar lIe
was gentleman, and knew the requirements OF
H. IN af
upNn his character without refutng them.
Gen. Butler rcpi ID that ANYTHING was vulgar
which was introduced into n case that did not
belong there. nnd which WIS done with the oh
Ject oi trying 10 brittle party In the cause. Tor
10 othcr purpose than the effect 1t might pro-
The Court adhered to its decision previously
made.
Gen. Butler said TINT he should now ask for n
nonsut. In u case where there is no conflict Of
testimony. and where II Is all one why. the Court
applies the law and rpets the verdict His first
proposition WIS thafhe receipt put in evidence,
not having been either disputed or challenged
hy any COMPETENT testimony, werr bar to the
case, On this point he read many authors
ties English and American. Co show thut nc
crp;ance OF the pron"red money which had
been previously demanded and subsequently,
recriptrd for, was in ful satisfaction for al de-
mhnds. HIS serond proposition was, that II
was neither controyerted nor denied that the
plaintiff, as late rs September having claim
Of unliouidated damages for what she called
injury dnnc her called upon Mr.. Cameron.
through Mr.. Riddle TO settle;. and after many
days waiting, sum was paid her. 10 be con-
sid'rel in full for all claim she might have
Mrs. Oliver appeared at his once after the
negotiations. and taking some CT the money.
gave receipt In the nature Of proposition.
woman TO keep away from him and his family.
Jet him alone. and not write letters 70 him then
he would agree to give the 81 600. He did IL TO
this understanding that she was paid
Ss ,YO ase sHyS Gs TSsh T2SSS' matter: SSts
went TO Jan. ~, twenty-four DAYS before the be-
ginning of the suit when Mrs Oliver took the
this rfl.'t: hcc-lyed Of A. q. Riddle $3.50 bal
ance Of 81 non IN fuli for oil claims on simon
Cameron" Up % TINT time she had consulted
nine attorneys about her case evidently believ-
ing that IN the multitude Of couns 'ilors, in~tsad
not returned thnt money. neither Lad she made
ret,ud .ared the rrcciufs made by Nor before ,he
comm, ucemeut ot the suit She simply SAID TINT
she had q written contract against Mr. Cameron
that must hc settled. They hnd advanced tho
had been full accord and sHtisiation. The
party had paid his money for an that WIS de-
mRuded and. being received for all. there fore Il
must na il Il hll; ana, 'on-' Qu"ntly. mere was no
facts for thelury. For. what was there to trou.
hi" them about or 20 take NJ the further time ~
ine Court IN going deep"r INTO tn" inv"stiea-
tom Here was n full release. given alter
months ot investigation, which WAS not contro-
thought the Court should. under thcsa circum-
stances. Withdraw the cuse from the Jury He
believed II had thnt power.
The Court-Thoreis is no doubt Of the power.
Mr. Tonry claim.d that the testimony Of MI
Riddle would show TINT Mrs. Oliver mad" no
complaint ot breach Of promise to him. hut IL
WIS seduction aud other injuries thnt she
wanted redress for. That being So they could
not torture tho language OF the receipt into
covering q statement That never was made TO
Mr. Riddle. Further Mrs. Oliver in her evil
dcnce testified tina, the money was paid in
settlement of n claim outside of breach OF
promise. He thought there was sufficient cvi-
dence existing to let the case go 10 the jury and
be ronsid"r"d 10y them.
Gen. Butlcr said that assuming Mrs. divers
theory 81 III" lmproper mutual relntions; sh"
as a settlement in fuil for all claims and do
mHnds She says that she had the breach Of
! promsc case in her mind hut that matters not.
| Tor the Court would not allow an evasion Of the
| settgn"nt by irump"ry and nonsense. II
| the Court would not sustain that settlement
| how could man ever got rid OF these harpirs
| What would bind them? What protect the
| pnrty entering into settlement III good faith ?
| He asked the Court 10 rise and come to tho
| rescue ot the community. and assist in driving
| out thos' women who disgrnce the capital and
| hla'kmail tue Legislators. He assumed that the
| Court W'Nlld nsrro win MN that TINS receipt
| WAS y spttrniD at In full OF all claims upon the
one side and. II II did. then law makes It n set
| tcmcHt upon the other. without permitting any
Tho Judge said that tho question was.
| whether there was any testimony for the Jury
| 10 pass up1a-lnythng for them To net on. or
| dis uSs. II there wRs, then they ought 10 have
| nuJ consider tho ease, Under u rigid rule that
| thors W. ,h" scmhRnco ot prlut. he woukl not
| Interfere with tn" prerogHtiNs OF Jury, and he
| ma no unNNd mt tnhl tneN Noulu 90 lAclr uutS,
| Tho motion was denied.
| Gen. Bu'lrr then made third motion. which
was to the rlfr't that Mrs. Oliver. by her state
| ments, mHnnorof living and conduct. was. in tho
eye ul IN" law, n married woman; ana, there
| fore she was estopprd from consummating
| another marriage.
| Tho Court had no doubt that this was mar
| ringe de tHcto between her and Oliver and
! would 10 that oNtrnt cslop thcm both from de-,
| nying the legitimacy Of the offspring or bill
| contracted with n merchant But dibit disdual-
| ily the parties when they abandoned the dc
| ftctO life from making contract hNurO
| Could they not enter into voluntary contracts
| Gen. BOrr thought that society had some
| rights ~ this matter. Alter this suit had been
| brought the plaintiff wanted to sho Thomas
! Oliver as her husband. She was ostoppcd by
| ucis
The Judge said that il he should govern him
| self by the a"ts in the ease ttho Jury absnni
from the rooml. he would make sho:l work OF
| II. But this case must ho trlrd ~ any other If.
| These puriis come here. both ul them as ndul-
! tcrcrs. We'll, that was rather n poor recon-
Huu,lu on FOR q Senator'S Wlic but it,
| after being informed Of all the aduitoyous
| practices of the um.,l, the Senator il fool
! enough 10 marry her. there is nothing to pre-
| wont II. Tins womnn's history and practices
| run through the entire ease. and no believed
her Hnt1'ed mt history played the pnrt OF drcop.
| tru. ana al know that dC''utlou did not bind
| ~ u contract Ia marriage. liut he had no lnarf
OF the Jury running away win justice while hl
H. ID AL b. u .