Evening star., 1896-11-27


he must contend that the court would have
to overrule Mr.. Berry's motion to take the
case from the jury, even IL Mr.. Berry was
right on some of his points Of law.
More Arguments.
In his response Mr.. Berry again claimed
that MIR. Yturbide's inalienable right to an
impartial hearing had been violated. The
relator had insisted throughout that If he
had been fairly and impartially heard he
could have exonerated himself completely
The president Of the club had admitted
upon the stand that Mr.. Yturbide had not
been allowed to make all the statements
that he wished.
Mr.. Yturbide had denied the specific
charge OF conduct unbeconing a gentle
man. He admitted that he had made Ger
tain statements with reference to q lady
but he claimed that it was only under such
circumstances as justified his action He
had insisted that he could explain the cir
cumstances with honor and credit to him
SELF The opportunity to state when and
under what circumstances he had made the
statements had been denied him.
In conclusion. Mr.. Berry said that this
case was an important one, for it involved
not only MIR. Yturbide's membership in the
one club, but the additional question as TO
whether Mr.. Yturbide was to be barred
from every club in this country and in
Europe. as we'll as in his own native land
Mexico.
Mr. Carlisle replied briefly to Mr. Berrv's
contention that the only question of fact at
issue was whether or not the reator had
peen given proper hearing.
Judges Remarks.
In oVerruling the motion to take the case
ffcm the jury Judge Bradley said:
Ihe only questions at issue are whether
on the 25th of April last, when the relator
was present before the board of governors
was he fairly and fully apprised of the
charge made against him, and of the specf
.catlon and did he then and there admit
that charge for it is not for this court to
decide whether the governors were right in
saying that the conduct charged was such
snip.
Nor is it for this court to saw wbetber
the reiator ought to have been permitted
10 talk about the matter or have been
given unlimited opportunity to speak.
,o..ai me cnarge was simply tnat he had made
certai1 accusations against lady, and. the
question whether he could have proved the
accusations or whether he did right in
making them, did not enter into the matter
!. IS OUT OF the province of this court to
say whether the board of governors acted
wisely In applying the extreme penalty for
the oHense charged"
Prayer Allowed,
Mr. Berry then submitted his Hrayers tn
the jury all Of which were ruled out by the
court Mr. Carlisle submitted but one: It
was allowed. In brief. 1t was to the effect
that II the jury was satisfied that Mr..
1turblde had admitted that in the club and
10 member of the club he had charged q
iady with writing anonymous letters, then
the board OF governors were the exclusive
Juuses as 70 whether such admission con-
stHuted conduct unbecoming a gentleman.
ana the hnding of the jury must be for the
defendant, the Metropolitan Club.
AT this point in the proceedings recess
q r until b.Sh -.
MIR. Berry's Address.
After recess Mr. Berry at once began his
address to the jury. He said that his adj
dress would naturally be brief, as his
mouth had been closed on almost every
POINT claimed by the relator. In commence
Ing he said that he was present to ask
leparation for the unjust treatment which
had been done his client.
In other words" said Mr.. Berry, II am
here to appeal from jury of autocrats to
a jury of the people, '-'-
In the course of his address Mr. Rerrv
made some remark as to the limitations
tEat were placed upon him by the rulings
OF the court Judge Bradley interrupted
him. saying: -
Mr.. Berry, the question at issue ia n
very simple one. As I have pointed out
before. 1t is simply whether the relator did
on did not admit the truth OF the +specffrs
ca ton in the charge against him r. s,o,,
admit that the relator in the presence of
the members OF the board of governors ad
Initted that he had accused a lady the
daughter OF member of the club. of writ
ing anonymous letters then l shall taka
the case from the Jury and direct that .
verdiet be returned for the respondent the
metropolitan Club. 1t rested solely with tho
governors Of the club to say whether such
conduct on the part of the relator consti-
tuted conduct unbecoming a gentlemen
II is outside the province of this court 10
answer the question" ~
"a, Mr. Berry again insisted that his client
haa denied the truth of the charge that no
nad Deen guilty Of such conduct Mr.
Berry talked for less than fifteen minutes.
The Judges Charge.
Mr.. Carlisle stated that he would rest
his side of the case without argument and
at 1:1o o'clock Judge Bradley began bis
charge to the jury.
The judge adverted briefly to MIR. Ytur-
tides connection with The Metrono,,tan
Ciup, saying that when the prince ioined
the club ne made himself liable to all the
provisions contained in its constitution and
must be bound by them. The only uues-
1lCn 1or the jury to decide was whether at
u meeting OF the board, the relator being
present and the specification of the charge
being made known to him. he did or did
not admit that he had made such accusa-
tiohs against the lacy in question. 1t was
not incumbent upon the board to fnu,Iire
into the reasons Mr.. Yturbide had for max
ing the accusations, and it was not within
the province Of the jury to say whether.
on ethical grounds, the decision of the
board was a proper One The Jury had
only to deal with a question of fact. If
they found that the relator made such
admissions as the board of governors said
he did then they must find for the club
II they agreed that he did not make such
admissions then they should find for the
tor, MIR. Y;urbide.
Given to the Jury.
At % o'clock the case was given to the
jury. and they retired to their room up
stairs.
At 1 80 o'clock the jury returned and an
rounced their verdict
Have you agreed upon your verdict,
gentlemen of the jury?" asked the clerk
I'VE have" replied the foreman.
DO You find for the relator, Mr. Ytur-
bide, or for the respondent, the Metropolt-
tan Club?'
For the respondent, the Metropolitan
Club
Judge Davis the president of the club.
and the other members of the club vino
were present heard the verdict with vi
dent satisfaction. Mr.. Yturbide and his
counsel were not present when the verdict
was rendered. A motion for a new trial
will probably be made.
Wants 1t Cancelled.
Mrs. Pauline Ballin of Pearl River Rock