New-York tribune., 1894-04-15

slow bu, penetrating voice Of Mr. sto, in The SIN:
ness of the big chamber There is another court
in which that vile insnuation shall be settled
What do you mean" sterniy asked Judge Will
There was defiance in his voice and manner u
mean" said Mr.. stoll, quietly as before that you
cry which denounce as yile and mtam9us WIZ,
DO Won mean bv the other court ?'persisted Judge
Mir ston shifted in his chair. but made no, at
tempt at explanation. ana Just then Judge Bradley.
looking somewhat astonshed. stopped the cmbryo
said such conduct is unseemy.
Judge Wilson bowed and went on speaking a%eou, %
the letter. contendng that even admiitinS 'nat ,
Madeline Pollard wrote it, there was nothing I'M
pPi Tpkins up the varous material points in the do
PENDANTS testimony he ooniended that e'ch ana
Judge wilson had not finished his argument at
1890 when the court took recess until ll5.
JUDGE WILSON APoLoGlzEs
During the recess Colonel Brecknrldge. Colonel
Thompson and Desha Breckinridge took Luncheon
at a neighboring restaurant. and freely discussed
the scene OF the morning between Judge Wilson and
Mr. Siou Major Butierworh dd what he could 70
a,ch matters up and just before the court met he
had talk with Judge Wilson the result OF whlch
shown when Judge Wilson rose asall 70 az
dress the Judge; He SAD he had no thought OF ~
Mr Mgq' s,o sat quietly listening 70 this cxplana-
ton but he dld not offer TO make a reply when Mr..
Judge Wilson then went on with his speech. and
with the javein Of justice. and hold him alofi IN
II example 10 others disposed - wrong l'i"s'
and Justice would cry out. Amen
TIE JUDGES CHARGE.
1uare Wilson finished at 2.2s o'c'ock. and the
Court Immediately began his charge 70 the jury.
reading from manuscript. lie said In part;
"Gentlemen OF the jury. It IS a subject for great
congratulation that this long. and In many respects
tedious case. has at last reached that point mt %4ce
rnents Of counsel delivered, Il becomes the duty oi
the Court to commit the outcQnr 70 YOU n,hr
The parties concerned come mere I'oIn On ",1,. -,,.
state and the litigation between them beng purely
a-S,nsriiv have excited any local interest Owing
TO the fact that one OF the parties IS a man 81
National prominence attention has oeeh 'a's''y ~
The case has been remarkabs agsn not SO muf@ IN for Tor
elements il is nothing but ordinary, pain com,
mon simple action & i9T ino FOR n pcruari
and the number OF the incidents mat haVe attenlcI
H. due 10 the fact that much notOr!ely mas pe'"
given to It by the press Of the country
"or NO INTEREST TO THE COMMUNITY"
..Tecessarlv this case is Of paramount importance
70 the plaintiff AMI the defendant It is however
not correct or accurate claim that there Is any
third party who possesses any interest IN me OUT
come of this case 1t has been said that mere are
three parties this casc-the planili ana tnr % % u
fnndarit and the community. or the country or ls
world at large for foreign countries haIe IN IN
brought within the Limits OF tnis tnird pitsi o"n
community has interest In any case p'.Mtiaa
private individuals save such Interest w uT PD
& b conoe Of fbs case neither the community.
the county, nor G hqmSn nd, ,natttr at one eathsf
weight with you 10 the direction ln,nt III m,iru or
should render your verdict what the comInuny o,
the world al large think Of T. You shonin mo mg.
concern yourselves about ne "a ,p 1amiiV or
can womanhood or the vndicat0n OF 'e h ,r,ct
the vindicatiOn OF The country klfI IN IN M ~ ,r,,b
Your province in this case * TO vindcate the uutn,
and your duty IS to render such verdict as e Id"
and the evidence require. md ,,o Ultimate oues-
ton for the enlightenment OF which alone "a az r ol
Of both the p:ainti1 and DEFENDANT II whether :.
tbese parties: and that question you are to deter
mine upon the evidence
DECENT LANGUAGE USED
This case has been prolific OF details IN EVIL
dence many OF which It has been almost impossiDle
N clothe in language that would express the iac'S
and at the same time be clean enough Io' use ~ d
r, ~ Justice 70 the credit OF the parties to TINS
case when examined as Witnesses De IL s"l1 una
,hroughout the trying ordeas OF their eHah''"dUo"
and crossexaminaton these e fep1ssg csn jangaec as
1be circumstances would admit; ana IN hiahS ~
stances when that could be done. me iact was s"e
oested and the bald statement was omltted' ' ,h ~
80 the credit OF OF the counsel IN the case
,,ndnrent circumstances situations ana Iacts III as
decent a as justice 10 me case an, anu u bor'
ever mat every Of the counsel cannot pe pLGr9 p
in the same category. and that the same restraint
ws asdr no some further remarks Judge Bradley then
Of the parties follows:
INSTRUCTIONS FOR THE PLAINTIFF
The Jury are instructed that this Is an acuon lot
a breach OF contract Of marriage. III the jury n"'
from the evidence that there were mutuai promises
~ marriage as claimed In the declaration that
vould constitute a binding contract And tle Ja'y
orc further Instructed that IT, after sucn co..in
was made the defendant married another pri ~
that would be a breach OF the contract ana ana IN, M
niaIn,in would be entitled to sue Ana IL woiin % 80 ~
no defence to this action that the part,es ,roct
,Inued their immoral relations after the der con.
nmr thaf the plantf had previously Deeh 'hpiop
l." Intimate with another person. II such wa a., ,ho
Ec, nrovIded The defendant knew that iact dt "'e
,,me Of making the contract. =. 49,. ho,to,o
M THE Jry are instructed that II they pe.ieC
,r, Tho evidence that the defendant MADE any .,
,ho alleged promises Of marriage IN pa1 Ia,i q "a
n0t intending keep the same anu III. r me- misses
,ha, Inc naIntIn accepted such promise OF Pan,
in good faith and agreed to marry the 49, ~
maj The bad faith Of intention or the ueie"'" -
| no defence In this action -, ,ato,iy IN good
~ In determinng whether the plaintHl, III go ,a
faith understood and believed the delehua',v beber
che understood and agreed that me sa,u Pnpv are
Dnre moi 10 be kept by the defendant 'ne h 10 tine
- consjder the conduct OF the plainH az w t' ~
| ana since and also the conduct OF the ''"' |
about and after the time OF such promsSo tho do
4 IL the fury find from the evidence tn" 49, ora
fendant promised the plaintiff 20 maa,yd ,d accented
,bat naintin in good faith believed ana dn,se,p ne
nh pprnmse or that he acknowledged hn,sH ~ as
ENGAGED To- marry the plaintiff. when pLuis unon
aceented by the plaintiff then the buruen 20 ~ tbe
the defendant to establish by prepoDoeI .,no - -
Tn. measure Of a mans success IN IRE re - mskes
the friends he has. but tho eneIs.