The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-17

MIR. duBignon in his argument to the
jury followed a tribute to womanhood
with reference to Mrs Carson's rela-
lions to Chief Justice Marshall, and while
IL was one to be proud Of, he said in this
country there is no such thing as an aris-
tocracy arising from birth, and high
though it was, he would put against it
the honest citizen of Georgia, illiterate
though he might be.
There never was a case like this tried In
Georgia, Mr.. duBignon said, where The
defendant was sought out as though
through matrimonial agency, before he
had ever heard of the plaintiff. and he was
'inventoried mind. body and estate be-
fore he had met his charmer. Before he
had ever put his foot upon the streets of
Cordele, his picture was there and in the
hands of the plaintiff. There is no doubt
that old man Roberts wanted to marry;
he was crazy to marry. The very first
time they met the conversation was matri-
monial. 1t was ross-recommendation
between Mrs. Moore and Lanier."
Mr.. duBignon referred to the famous
case of Bardell vs. Pickwiek, when the
defendant received a notice to appear in
a damage suit for &, 500 for a breach of
promise, and Sammy Weller remarked,
Poor Mr. Pickwick; he's a wicktim to
connuhiality."
Mr.. duBlgnon went through with the
story of the meeting of Mr. Roberts and
Mrs. Carson, and their courtship. for
the purpose of showing that Mr.. Roberts
was thoroughly honest and sincere in his
protestations, and did not marry the plain
tiff because of the objections of his chill
dren, which he mentioned to her in his
very first interview, and told her they
had to be removed before he could con-
tract marriage Mr.. duBignon said from
beginning to end this had not been an af-
fair OF the heart with Mrs Carson, as her
testimony indicated, but it was old man
Roberts, money then, it's money now and
ii will be money next time you hear from
1t. They come here and ask you for $25,-
600. They found out how much old man
Roberts had, and now she asks for all
of 1t.
Mr.. duBignon took up the letters
of both the plaintiff and defend
ant and drew entirely different
conclusions from those mentioned by
Mr.. Erwin. He held that every letter
which passed between them had constant
reference to children, and showed that he
was always thinking of this condition
precedent to the marriage and trying, az
he said he would, to do away with the
objections. OF the existence of this con-
diuon precedent to the marriage contract
he held there was no doubt.
From one of Mrs. Carsons letters Mr..
duBignon read the statement, There is
an old saying that the course of true love
never runs smooth. In this instance, It
is being verified" What was the mat
ter with the course of true love, Mr.. du-
Bignon asked? Certainly there was Moth
ing the matter with old man Roberts.
Evidently they were talking about the
children, whose consent was a condition
precedent to the marriage.
In speaking of the defendants marriage
with Miss Cook MIR. duBignon said, his
daughter had not known of the fact that
he was to marry Miss Cook, besides her
oh Toe obi
ing a woman with children. His daugh-
ter was fragile and delicate, and he needed
some one to look after his home. lie
went to an adjoining county and married
a maiden country girl. Not one worA
he said. has Mr.. Roberts ever said m
any way against the character of this
plaintiff, nor is there one word of evil
dence that he ever intended to put her
in the light of a Tilted, discarded woman
Mr.. duBignon concluded with an elo-
quent appeal In behalf OF his client. an
old man with but few more years to live
the happiness Of whose home was at
stake.
Judge Allen Fort made the concluding
speech for the defense. He said the con-
sci for the defendant had put the case in
such a manifesty unfair light that he
feel 10 necessary to speak In reply to him.
The case was an unusual one, he said
but IL was unusual because of the unen-
viable position Of the defendant. This, he
said, was the just cause OF the suit
The counsel for the defense, he said.
had endeaVored to create the impression
that there had been a conspiracy. There
was never a case. he said. which In its
testimony was freer from any suggestion
Of conspiracy. The senator" he said.
advances. and followed the picture like a
theatrical production follows the bill
boards.
Judge Fort told the story Of Mr.. Rob-