Evening journal., 1898-03-02

Of HE OASE-tUl.L TEXT OF
THE CHARGE.
A jury in the Superior Court yester-
day afternoon fixed a valuation OF ST.
600 on the affections OF Mrs. William
| II. Prettyman. and awarded her hus-
band a verdict of 81 900 against Edwin
y. Williamson for alternating them.
The husband wanted $2O,O00 but after
Ilve hours deliberation and seven ball
lots, the $1,000 verdict was reached
On the first ballot six were for the
plaintiff and five for the defendant.
There was one blank ballot. The vote
was the same for the next two ballots
and then by promising to give very
small damages the vote was changed to
nine Tor the plaintiff and three for the
defendant A still smaller sum was
| promised by those in favor of the
pialntih and on the seventh ballot all
voted Tor Prettyman and reported their
verdict shortly after o'clock.
An arrest OF judgment was asked for
| by Peter l.. Cooper, Jr.. attorney for
the defendant, and the court was for
mally notified that he would applv for
a new trial OF the case.
Frettyman was disappointed al tho
smallness OF the verdict.
Vne or the jurors said that nine men
were In favor Of giving Prettymam
slv'uvV, Inc other three opposed THIS
granting scf any damages whaievcr Tn
order TO win ever the lhree ana fo n,,e-
vent a disagreement the mine men
dropped from $4,000 TO 81 900.
10 is understood This morning thas
Wll.amson will pay the amounf Of the
NcfNlct rather than 30 into new trial
| ana THAT litigation has practissati,.
ended. ''''''
Freutyman wants a new trial He
neiieYes THAT IL Will result in a larger
verdict for him and THAT ne cam secure
additional evidence against his wife
and Williamson.
: JUDGE PENNEWILL's CHARGE.
AS The case Of Prettyunan vs. VIII
4 hanson Is one OF first impression. OF.
IN othor words. the first case OF tho
KIND ever tried IN This Stale. the opin-
IONS of the court possess unusual i'm
II uarest tofall members OF the bar. bo
. every man who wishes TO protect the
y homer OF his home and to an man ,ybo
u u are disposed TO invade the hones ano
destroy the happiness Of oihcr men
For This reason the Evening Jolrrnal
= prints Judge Pennewlll's fair and abe
y charge In It's entirety:
rGentlemen of the Jury: This action
which has been tried with so much abi'-
IA ~ and which You have 20 pafliently
=. hoard and win no doubt carefully con-
slider and determine, is brought by
William ~ Pretgmgn. The plaintiff
againri Edwin p. Williamson. the de
fendane. for damages which he alleged
e he has sustained by reason OF an in
" jury on wrong committed by the eald
" defendant.
I'm the declaration fled in the case
the Plaintiff in certain counts charges
W The defendant with crlminal c0nversal
K ton or adultery with his wife, and In
O5hcr counts the defendant Is charged
by the plaintiff with alternating the az
fect,ons OF the wife without the aggra,
vatlcn- az criminal conversation.
ut may be of assistance for you IL
10 be informed ait the outset that criminal
.n conversation In legal contemplation
y means adultery, which Is sexual inter
ne course by q man and a woman, one O
whom Is lawfully married to- anothel
st. | person.
D. "To the declaration OF the plaintiff
w the defendant has entered eha follow
ing plea. viz First met guilty; whicl
a is called the general issue and con
% Ftiutes an absolute denial OF the com
~ mission OF the injury or wrong com
so plained OF by the plaintiff. Second
iho statute OF Limitations, which is
bar TO the recovery by the plaintiff 70
ne an injury committed prior 10 the thre
ys yc9rs Immediately preceding the com
n mencemenH Of tine present suit; amf
ahlrd, an act OF the General ASSEMBLE
G. o. the state, passed May 26. 1897, dl
mi vorcing the said William f. Prettymai
ras end his wife from the bonds Of matri
mOny: and which act the defendam
=. contends constitutes bar 10 the pres
"a, ent action which was commenced Ma
ns 8. 1897
ut Is perhaps true that this case
be a case a. first impression In the Court
ST. Of This state. and certainly our repori
do not show that any action Of the kin
Tho he's ever hecn tried before a Delawal
MI tribunal 1t is necessary. therefore. "
think, that the court should take SON
-, pains to explain to you the law appl
ia- cable to such case, in order that yo
te- have apply the law to the facts as yc
tne have heard them and arrive at a ju
ily conclusion.
although a case OF criminal convo
Law ration, or Of the alienation OF a wife
yii- affections. in our courts is a new On
a. nevertheless the action is an old on
and has been frequently resorted 10
other Jurisdictions. The husband
Vne Vne entitled to the society, comfort. fe.loN
1ie- ship, assistance and services Of
III wife aud whoever, by the alienation
her affections, deprives him theres
3 OF commits a wrong against the hushaI
Ella for which he is Liable to respond
damages.
sbo Criminal conversation, as abo
sils stated. Is an action for damages caus
ion by adultery with the wife, and the hu
bands INJURY by the wrong consists
his mental suffering from the dishOn
ae- Of the marriage bed. and the loss Of Il
me affections Of his wife and the comic
H. OF her society, as well as the pecunia
loss OF her services. Where the bas
red Of the action is the alienation OF 4
few wire's affections, the measure OF dan
age is the value Of her services al
marital consOrt. that is. her conjue
society. affection and assistance, le
W fha valqla of 4he performance Of {