Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-04-15
TIE INSTRUCTIONS TO TIE JURY.
Judge BradIey's Charge In BrIef-A Rap
for Phil. Thompson.

Judge BradIey's Charge In BrIef-A Rap
for Phil. Thompson.
Following is a summary OF Judge Brad
ley's charge to the jury:
Judge Bradley spoke first Of the pollu-
ton of the case. He said it contained few
interesting legal points and that If the
parties had been obscure it would have at
tracted but little attention. But because
one Of the parties had been Of national
prominence and because, he feared, Of the
character Of the details, it had
attracted a large and sometimes
vulgar crowd. The court and
even some Of the Jurors had been deluged
with letters conveying suggestions to which
the writers had not the decencv 10 sign
their names. He believed the jury had
followed the Injunction 10 discuss the case
with no one. Il WAS inaccurate TO say that
the community at large was third party
10 the case. Public opinion should not
weigh a feather weight. Abstract princi-
plies were not to be INDICATED, nor the
country girl the home and the family. Per-
sonal opinions or wishes based on the rela-
tons between the parties or other facts
1T WAL ONLY A QUESTION
whether a contract TO marry existed and
whether. IL broken, there was an excuse
for breaking it. The verdict was not TO
vindicate the character of either party.
Although much Of the testimony was unfit
TO be reviewed it was 10 be said, TO the
credit OF the parties, that they had handled
indicate details as carefully and decently
as possible.
Nearly all Of the counsel had observed
the same restraint, and ne regretted that
this could not be said OF all the counsel.
Here all ewes were turned to Colonel Phil
Thompson.
ANY revolving standards of manhood.
which had been set up were not 10 be
weighed as evidence, nor were collateral
details 10 be allowed TO obscure the main
issue. The credit to be placed upon the
testimony of plaintiff and defendant where
they differed was 10 be judged in the light
Of the character and lives Of the two as
shown and of other circumstances
AFFECTING TgEIR CREDIBILITT.
After viewing the contentious OF the two
parties briefly, he read the legal inStruc-
lions granted, which have already been
printed.
In explaining one OF the instructions the
Judge said that if the defendant had any
knowledge on improper conduct on the part
Of the plaintiff when he promised TO marry
her, if he did, his action condoned those
offenses.
Explaining another, he said that the de-
PENDANT quoting a Massachusetts opinion.
could not be excused from failure to per-
form marriage contract by legal inability
TO fulfill il, because the legal inability did
not lessen the damage 10 the plaintiff from
his failure 10 marry her.
There must be grosser improperly than
that testified by Julian regarding mock
marriage to form an excuse for failure 10
fulfill marriage contract, the Judge said,
and he quoted Julian's testimony.
LEwD AND LAsCIvIoUs CONDUCT
meant more than Julian had testified TO, or
Resell. who told only OF such acts as were
common between people who were engaged
70 be married
To sum IL all up, if q contract was not
made. or If it was agreed TO with the
understanding that it was not to be carried
out. the verdict should be for the defend
ant. If q contract had been made and
broken they were 60 find for the plaintiff,
awarding such damages as they saw 1t.