The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-08-08
WHEN LOVE GROWS COLD
1T Is HARD FOR a JURY TO DECIDE
FOR HUSBAND AND WIFE.

Twelve Men Kept Guessing over the
Daley Case for Three Days-No
Verdict Yet Reached in the suit
for AIimOny-A MistriaI Looked
Fora Sealed Verdict Allowable in
Case of the Jury's Agreement Dur
ing the Night.
No verdict has vet been rendered in the
Daley case, and the twelve men who have
been kept guessing for the last three days
while the case was on trial. are stil tear
ing their hair and trying to solve the
problem whether Mrs. Daley is entitled
to alimony from the husband.
II was agreed between the counsel for
the wife and the counsel for the husband
yesterday afternoon that if the jury
should come to an agreement during the
night it might render a sealed verdict
but up to a late hour there was no indi-
cation of a verdict and the jurors had
settled down to night of it In the jury
room.
The chances are that there will be
mistrial The rumor was current around
the court room in the afternoon about the
time for the adjournment Of the court
that the jury stood six and six. a tie
whether the wife of Mike Daley should
get alimony or not
Not for long time has there been
such an interesting case before the SUI
perior court For the last three days the
trial has been in progress, and the testi-
mony spinning out a long story of thrill
ling incidents has been such as created a
great deal of interest, particularly in that
& implicated several leading young society
men, as having been attentive to the pref
ty plaintiff.
When the court convened yesterday
morning there were two speeches yet TO
be heard in the argument of the case.
Judge Harden spoke for the husband and
made a ringing, though brief speech in
his behalf He scored several points in
the argument and placed the question
upon a high moral plane, whether the
average man would like TO take to his
bosom a wife about whom there had been
so much of criticism. Judge Harden en-
phasized that a wife must be like Caesars
wife-beyend suspicion He went on to
show that there had been enough told
about the frivolity of Mrs Daley to es-
ablish the fact that no husband could
take her to his bosom as a true and loyal
wife and for this reason, he argued, the
jury could not hold the husband liable
for alimOny.
Judge Harden reviewed the testimony,
stating that the time had not come in
Georgia when a wife could go about with
young men and have a good time While
the husband was away, invite them TO
her house, have them In her room, and
carry on generally with them and at the
same time look TO her husband for sup
port when he had been treated by her as
though by a heartless vampire.
The speech of Mr.. Stubs for the wife
was the climax of the case The attor-
ney was at his best in the defense of the
woman who is suing for almony and he
made a forceful speech in her behalf. The
argument was logical as well as eloquent,
and he brought out the testimony IN such
way as TO be most convincing that
there had been no proof that the wife
was guilty of any wrong to her husband
and any violation of her marriage VOWS.
He drew clearly the distinction to be
made in a case where Il seemed TO Jeal-
Gus husband that his wife was guilty and
another case where there was no actual
testimony showing beyond doubt that she
was guilty of any wrong. His illustration
of the wrong that could be done a woman
by whispering tongues which poison
truth" were apt and well received by the
crowds who filed the court room.
Mr.. Stubs was congratulated by all who
heard his argument and he was accredited
with having thrown great deal OF light
on the case by the manner in which he
handled the testimony, and yet with elo-
quent appeals for the preservation of the
Woman's honor.
Judge Falligants charge was I'm line with
all of the charges the distinguished jurist
has been known 20 deliver in such cases.
He emphasized the importance of preserv-
ing the sanctity Of home and the marriage
relation He said that it remained with
the jury to fix the amount Of alimony TO be
allowed when in case of doubt. He showed
that the rights Of the husband should be
upheld when a woman should prove an un-
true wife, but he declared that unless such
proof was rendered IN a way that was be-
yond question the wife should be given
her right Judge Falllgant, chivalrous
himself 20 a great degree grew eloquent
when II came 20 the delicate points involv-
ed in the testimony Of the case and his
charge Of the law as applied to the facts
was very interesting and impressive.
The case went TO the jury about noon.
and the jury was out all the afternoon and
up to a late hour during the night
One Of the jurors was taken sick during
the afternoon. but with the consent of the
attorneys on both sides he was allowed to
be treated. He was reported as feeling
improved at night.
When the rumor became current that
che members Of the jury were evenly di-
vided on the case II was given up by the
friends OF both the wife ana the husband
that a verdict would be rendered &C all
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