Evening star., 1925-12-04
RH|NELANDER CASE
IS GIVEN TO Jury
Judge Sums Up Seven Ques-
tionS to Be Answered in
Reaching Verdict.
By the Associated Press.

By the Associated Press.
WHITE PLAINS. n. Y, December
4-The suit for annulment of mar
rage brought by the wealthy young
Leonard Kip Rhinelander against his
par-t-negro wife, Alice Beatrice Jones,
went to the jury shortly before noon
today.
out of the mass of testimony, much
of it conflicting, taken during the
three weeks of trial. the jurymen were
charged by Justice Morschauser to
find answers to seven questions pro
pounded to II. on the jury findings
on these questions will he based the
Justices decision whether or not an
annulment shall be granted. If grant
ed, his decision will act merely as An
interlocutory decree. to be finally re-
viewed and passed upon by the next
regular special term OF West Chester
County Supreme Court.
Counsel Are Confident.
AS the case went to the jury oppos-
ing counsel both expressed confidence
as to the outcome
The mry's decision on the seventh
point upon which it must pass, is of
the greatest Importance to the out.
come OF the case. This point is: did
the plaintiff Cohsbit with the defend
ant after he had obtained fun knowl-
edge that the defendant was OF negro
blood?" II the jury makes decisions
favorable to Rhinelander on the first
six points. but answers yes" to the
seventh question the whole case will
be upset.
The other six questions We're:
AT the time of the marriage of the
parties was the defendant colored
and OF colored blood?
Did the defendant before the mar
riage by silence conceal from the
plaintiff the fact that she was of col
ored blood?
Did the defendant before the mar.
riage represent 10 the plaintiff that
she was not Of colored blood?
Did the defendant practice said
concealment or make said representa-.
ton with the intent thereby TO in
duce the plaintiff 10 marry her?
Was the plaintiff by said conceal
ment or by said representation or by
both induced TO marry the defenda Mt ?
IF the plaintiff had known that de
fendant was Of colored blood would he
have married herr"
Discussion Of Evidence.
After reviewing the seven points at
issue Justice Morschauser then enter
ed into discussion of the evidence
and testimony presented at the trial
Judge Mills for the plaintiff !" said
Justice MorSchauser. comment ed
upon and criticized the failure 10 call
the defendant and her father as wit,
nesses and asked you to draw unfa
vorahle differences therefrDm. and
that II can he assumed the plaintiff 9
case would have been aided had either
one OF them taken the stand While
no presumption arises in this respect,
you are at liberty and can give II
such consideration and draw such in.
ferences aS you think are Warra nj ed
by the proof from the failure to call
such witnesses or to call any wit
nesses who might shed light upon the
case
You have also heard other wit.
nesses for the plaintiff and you have
also heard witnesses for the defenda Mt
besides those witnesses who are re
lated to her. Are there reasons why
those witnesses testified in the man
ner they did? Were they hostile or
biased? Or had they some ulterior
motive that moved them? All these
are for you to discover and to de-
termine when YOU weigh the testi-
mony.
Attitude OF Witnesses.
This does not mean that YOU
should disbelieve the witnesses who
were interested, hostile or biased but
you must weigh the testimony given
by such witnesses in the light Of the
circumstances as they appeared 70
you. You saw them on the stand.
You heard their testimony and the
manner In which it was given and the
interest they displayed. their hostility
and their activity so far as this case
is concerned. and you will weigh the
proofs and you Will find the truth
'Gentlemen. when a witness gives
some testimony, willfully false. YOU
have the right 10 disbelieve his or her
entire testimony. You may disregard
what you do not believe, and on the
other hand you may give weight 10
the testimony you do believe.
When a man marries a woma n
who is Of colored blood and that fact
is unknown 10 him, but known to her.
and such marriage takes place be.
cause Of her Misrepresentation. or
where such marriage would not have
taken place had he known the true
conditions a s to her blood, but she
knew it, then such representation as
to her color. either by direct state.
ment or by concealment through ST.
lence. is sufficient to relieve him. II
you say fraud was committed on him
by her.
Last Vital Question.
After you have answered the sue.
ceeding questions. except the last one,
then you should also answer that one,
whether the plaintiff voluntarily CO
habited and had relation with the de-
fendant after he had gained full
knowledge Of the facts constituting
the fraud and falsity of the repre-
sentation. or with full knowledge by
him that the defendant was not en-
tirely Of white blood, but had a strain
of colored blood
IF 1t appears that this plaintiff,
exercising ordinary care, prudence.
and from observation or otherwise
and If this appears from the proofs
presented by the defendant-knew and
had full knowledge that the defendant
was of colored blood and then volun-
tarily cohabited with her, and you
should so find from the evidence in
this case presented by her, then you
may answer the last question yes. "
ZONE LAW TANGLE