Telegram-herald., 1888-01-21
THE JURY STILL OUT
0EuseRArlSe OK r-E CLAY CASE.
Yesterday Taken Up With Arxsmeets by
The Coasssl .ad the Charge Of the
Jedxs - Tie Judgs's Impartial
Isstraelioas ~ tAs Jary

Isstraeaioss - ths Jary.
Tue crosd Ia tAs Superior Coart ROOM
Yesterday soFaing Vas even greater thSn
usual The col0fe1 attorney. John " Rob
I bias, chewed gGal as UsUsl and occupied
{ bis re- ular place iasite the rail Tae court
officers and the Judge himself seemed to be
glad tina. the end OF the long anu tedious.
albeit somewhat sensational trial WAS sp-
preaching.
Mr.. Mitchell consumed upwards Of an
hour in bis lau argument to the Court Re-
/ saming his address 10 the iury. be argued
tnzt the acts ol Mrs. Putnam were the acts
- hsr htlsDand--in other words that Ar
/ Pullman was res ponsiole for the acts OF his
\ vile. no matter whether be knew OF them
/ or not. Also that. according 70 Gays tesu-
! mOny, DT. RutherfOTd-CiAy had bat f45J in
/ the bank Just before starting Tor kQrope,
therefore it mOst De presumed that Putnam
/ furnished tue 0alance Necessary 10 pOr-
chase letters Of csedlt for z2D0. lie asserted
l that before DIR. Rutherford Clay left for
| kdrOpe, Mrs. Putnam was continually pour
| ing poison into her soal, aud making
mighty and determined efforts TO break up
Sam ID. Clsy's family. lie inally worked
| himself up 10 such a pitch as To call Mrs.
| Putnam a female devil
Ar. Mitchell resumed his argument at the
! opening OF the afternoon session, and
talked for an hour or more on the evidence
At 200 Judge BurliDgame began his re-
marks 10 the jury, stating the nature of the
case and quoting from the declaration. Be-
| tore making his charge proper, the Judge
read 10 the jury a statement As TO the rela-
| tioDs OF MIS-. Clay with her sister and
| orOther-in-law as basis upon which he
| should make his charge. he said:
| This gentlemen. Is a case having its own
| peculiar features. The relations that exist
| between the plaintiffs wife and the defend
ant are not Identical with any that the au-
thoriues cited seem 10 cover. Mrs. Clay is
not the daughter of the defendant. nor his
| mother-in-iaw, But is a motherless sister
in-law. sister of his own vile, and before
marriage her only home was his
| home, and since the sspara-
ton II seems she has gone To her
| sister for solace and consolation. and il
| would be going farther tnsn this court can
| conscientoasiy 90 to say that the relation
between the wife of the plaintiff and the de-
| PENDANTS family are only 10 be entitled to
the same structures in this application of the
| law that wouId obtain IN the case of mere
stranger. Ia short. this Court IN its charge
| will hold that the relations OF this wife to
| her sister and TO the defendant brother in
| laws family are nearer than those of a
| stranger. and such as entitled them 10
greater liberty in looking after her happi-
ness and welfare than the law would permit
| To mere strangers"
The Court next proceeded with plaintiff $
| requests To charge. These numbered seven
| and there were granted; one To the effect
that If the jury found that defendant had by
interference, intermsdiling, act or advice
broken up plaintiffs family, then plaintiff
| is entitled to recover. The jury were also
| requested to take into mind the wounded
feelings, pain and anguish of mind which
| would aiiscs 8 man in the loss and destruc-
| ton of wife AMI family.
The requests from Messrs. Smiley and
Earle, defendants counsel were twenty
| nine and seventeen of them w.re granted,
| The most important of those granted were
| TO the effect that the fact that the defendant
simply allowed plalntiffs wife 10 come TO
his (Putmans) home and remain there
and that there was no improper motive in
this would not allow plaintiff 20 recover.
Another request which Judge Burlingstne
strongly charged was as follows
''If the jury find that Plaintiff wife had
actual cause tor leaving nlni. or If she fan
cied that she had just cause and therefore
Left him. and that she communicated her
| grievances. or alleged grievances. to the de-
| ferdant, aud that he, believing her, allowed
her TO come into his home or family, then
the plaintiff cannot maintain this action,
whether her grounds for leaving were well
founded or not"
The above was read three times TO the
jury, and created something of sensation,
as il really contained the whole kernel OF
the case. The relationship OF the families
was touched upon, and it was charged that
the d. fsndant was justified In listening
To Complaints of Mrs. Clay.
The Court, proceeding with his genera
charge, said that inasmuch as he had modi-
fed and rearranged several requests, BY
reason OF this he could not give them con.
nectedly. II was not necessary for the
crime OF adultery TO be proved against
plaiatiff to give bis wife sufficient cause for
leaving him. IL the conduct of the defend
ant Pullman was the controlling cause fol
Mrs Clay leaving her husband the action
could be maintained, although other cause.
contributed to It. but il Clay's cruelty wa.
the controlling cause then the action could
not be maintained, although other causes
contributed TO it. II the wife left his house
simply becSuse she preferred to live away
from her husband, then the plaintiff could
not recover. although defendant permitted
her 70 live in his home and did not turn
her out doors.
The Court also instructed the jury 10 take
into consideration the evidences sho1ins
that Putnam had asked Nrs. Clay TO ex
anime Der own conduct and see If she could
not improve il, also that Mr.. Putnam sail
10 his vile that If Mrs. CLAY continued IL
her complaints then be might DE obliged tc
tell her 20 stay sway.
The evidence introduced showing plain
til HABITS was simply TO show his charac
ter - husband and not as a man. III,
would charge them that the bills anc
answers IN the divorce case intreduced ir
the trial were not 10 De taken ss true. The
plaintiff must make his case by q clear pre-
poaderance Of eyidencs. II the jury found
that the eFidsnce on both sides was equally
balanced than their verdict must be no
gaiisy" II they fo1nd q verdict Of guilty
than they must sssess the damages as thsy
thought proper
When Judge Buriingsms bad finished hi
charge Mr. Mitchell Jumped up snd de
sired the Court reporter TO take = reqqes
! to casrEe. We DO not" said ha ella n 4
recover on the ground that the defea5sa
allowed plaistid = wife 10 come 10 his hous,
and star there and eat meals. but upoE
specific acts This is our ground and"
/ The Court here very firmly gave Mr
/ Mitchell c. understand thst tae time 70
/ argument on the case hs5 gone ~.
A. S-35 the inrg. in charge q Oascsrs an
Cork snd Nisrsnla. retired "a the Jury room
Judge Buriinzsme remained ia b.s ofio
7 rnul Ii-3g and there beng NJ ini3sa sali0n|
tas' the Jury woaid sgres. he then ven
koule, aad tae jury renamed o1t a. nikht
sEsune Thsef.