Evening capital journal. (Salem, Or.) 1888-1893, 1890-12-10

tNat pIpctthluSf Su1 ~ ~
not look as though any connivanee
nf the adultrey existed, and, more
oyer we have from first to last the
persisteu, denial of the c. respondent
that any impropriety had taken
Mace. If there had peen any kind
)f encouragement on the part oi the
husband. or If he had been, so |"
speak. waiting and wilfuliy shut
ing his eyes to what was going on,
what, proceeding on such an as
sumption. would have been the use
af all this denial on the part OF I'll.
Responded ut and correspondent?
Again, if the husband were con-
niving and consenting party, why
should there have been all this dis
,ui.e? Why should there have
Deen the assumption by Mr.. Parneli
pf names which do not belong to
bim-such IS Fox and Preston and,
I rather think, Campbell, and q
number of olsers"
But, above all, why, when the
husband comes to the door ni one OF
houses in Brighton-I think AL Med
ina Terrace-unexpectedly, should
Mr.. Parnell have gone out 10y back
window and then have come around
TO the front door. as If he were an
ordinary visitor, and ask for Cap
tain O'Sbea. All these matters, TO
nv mind, constitute most favora-
ble answer in favor Of O'Shea in r.
gard 10 the charge OF connivance,
which, unless it be true, certainly
ought never to have been made. l
must. therefore, ask you 10 say
whether, upon the whole of the evil
dence laid before you, you think
there has been sufficient evidence as
to the adultery charged against the
respondent aud the respondent,
and whether you think there was
anv connivance on the part Of the
I husband: And there. ! think, the
matter practically ends, although
I ! may call your attention to the fact
that there are other charges which
were brought against the husband,
one of which was that he had been
guilty o. adultery with Mrs. Steel
while there was also charge o.
cruelty.
But with respect to these latter
charges there is absolutely no eyi
deuce TO put before you. except that
as you have heard, Mrs. Steel has
made herself party to these pro
ceedings, il being considered tina
where party is charged with suct
an act as has been alleged agains
her, that party has q right to b'
heart, and il was therefore righ
that she should have taken advan
tage of the opportunity offered he
of stating in the witness box her de
nial OF there being any foundation
for this charge. There is no evidenc'
of any kind in support of the charge
but you, gentlemen, can take he
contradiction. ! may add that, il
my opinion, it is a lamentable thing
that such charge should have beeI
made. Nevertheless, both the res
pondent and the correspondent haC
an interest in establishing tbii
charge if they could, in the same
way as they had an interest in es
tablishing the charge Of connivauce
because as / must point out to you
if it has appeared that the bus
band was really a consenting part,
and accessory to his wife's guilt
Mr.. Parnell, although the issue o
cruelty might have been left open
stood in a better position than h.
does at present, because 1t is an i'm
moral, improper, aud reprehensibl'
thing to indulge in an intimacy
Of this kind with a married
woman, whether the husband
is cODsenting party o
not; nevertheless, the man wht
stands in that position is to some
extent not 30 guilty or blamewOrthy )
as the man who takes advantage o
the hospitality offered to him by {
husband TO debauch the wife. Now
as to the charge brought aeains
Mrs. Steel by Mrs. O'Shea. 1t il
simply shocking to my mind, anC
there does not appear to me 10 bt
the slightest foundation for 1t. Yor
will also remember Mrs. steel il
Mrs. O'Shea's own sister Having
said this much, think ] need dc
40 more than simply ask you u
find-first, as 10 the adultery charged
between the Respondent aud the go
respondent having been committed
and secondly, whether there has
been any cOLuivance at the adultery
on the part Of the petitioner.
The jury, after consulting for
about one minute. returned the
following verdict, viz; That they
found that the respondent, Katba-
rine O'Shea had committed adultery
/ with the correspondent, Charles