Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-11-24


for his wife and family; his wife would frequently DC
away from home, and, in his Judgment not properly
attend to the management OF domestic matters; ne
had given Mr. N. credit 70 the amount Of $40 before
they setted he had orders TO let nothing 60 to the
| family without pass book.
Mr.. Walker was called. He was grocer; had
supplied Mr. Ms family with groceries for years; al
had taken meals al the house; always saw good ia
Bile; did not consider that Mrs. M. managed well in
cooking the provisions; Mr.. M. was not drinking
man, on the contrary, ne was hard working, indus
trous man.
Mr.. Thompson knew Mr.. M for Is years; he was
steady Industrious and had always provided well for
his family; he, Mr.. 7. had frequently dned at Mr.
Nj. s table; had always seen abundance provided for
the family; he knew him to be poor man; not
10 be worth a dollar his poverty arose from his mis-
fortune, and not from any mprudence OF his own he
could not afford TO maintain his wife away from
home; could he get any person 90 his security
that he would do so; he, Dir. t. knew more about
Mr. M and his private affairs than any other person
in The city.
young lady, named Jane Telling was called on
the part of the wife. She was very pretty, and gave
her evidence with some reluctance. She cigar
maker; had lived in the same house with Mr.. and
Mrs. Melville; had seen their table; sometimes there
was plenty to eat, and sometimes there was not wit
ness, one occasion, found the children crying for
bread; she procured tws pieces of bread and gave
them
Eliza Lockhart was called. This young lady was
tall graceful, and remarkably pretty. She had lived
in Mr.. Melvlles house for two or three years. She
lived up stairs; had frequently been IN the famly's
sitting room; seen the table spread for meals
times there was full plenty; sometimes there was
not
BY Mr.. Morris.-Did Mrs. Melville ever give any
parties whilst Ar. M. was busy at work in his store!
Miss L.-There have been parties given there. l
remember something Of party; but It was nothing
| to brag of.
Mr.. Morris.-Well, Mrs we're not going to brag
| of it.
| Miss L.-You needn't, for it was nothing but lit
| tie girls party.
| Mr.. M.-You were there
Miss LII was.
Mr.. M.-And your sister. !,
| Miss L.-Shc was.
Mr.. M.-And how many more pretty little girls like
| you and your sister were there?
Here there general roar oflaughter, in which
the court joined
Miss L-(wh warmth hope I'm not stuck up
here to be a laughing stock for the gentlemen.
Mr.. M.-Certainy not, Miss Lockhart; and IT
would be very wrong for any one to make a laughing
stock of so good looking young lady. But please
to tell us where Mrs. Melville is living now.
Mss with her Mother in the Sixth Avenue.
Mr.. M.-How many children has she with her
Miss L.-Three or four.
Mr.. M-Has she carpet in her room?
Miss L-She has an old carpet.
| Mr.. M.-And piano2
Miss. L.-There is piano.
Mr.. M.-And she is teaching her eldest daughter
music.
| Miss LII believe so.
| Mr.. MI wish the court to take notice of these
i
has lived with her many years; is the father OF ten
children, and has brought them all up, and supported
| them comfortably. She refuses TO live with him;
| lives with her mother in carpeted room, and has a
piano; her daughter is learning music; her husband
effers TO support her and the family II they Will
live at home, but he is too poor to allow them Sc
parate maintenance He asked Miss Lockhart If
| they had confectionery al the party.
| Miss L.-There might have been confectionery, but
there ice creams.
Mrs. Dewsfand-depesed that she had been at the
house often and she did not think he provided prop
erly for the family. Some times he would send home
potatoes, and sometimes Indian meal-when he sent
home Indian meal, he sent no other vegeablcs--and
when he sent home other vegetables he sent no po-
tatoes. Some times he would send meat and SO on,
but used 10 go out and buy my dinner.
Mary Jane Melville pretty young lady OF IL
years of age was called. She was the daughter Of
appellant; and here painful eccurred-she had
to testify against her own father in favor of her mo-
Their. She said that her father completely starved
them most of the times that he used tyrannlcal lam
guage to her mother; and on one occasion whilst she
was cooking piece OF beef steak he hove the frying
pan towards her MOTHER saying On you,
hate you, bat I'll keep within the letter Of the law"
The here stopped the evidence, saying it was
painful enough to see man and wife who had lived
together so many years, situated so unhappy now
but II wss much more painful 10 see daughter
brought up 10 testify against the father whose blood
ran IN her veins and TO whom she owed her being
Court wished Mr.. Morris 10 consent that his client
should enter into recegnzance before that court, and
they would only require him 10 pay little Just he
could earn and afford il.
Mr.. Morris said, that he could get no surees-he
was poorhe had assigned all his property to Al
derman Hoxie for the benefit Of his creditors. Al
derman Hoxie had gone security for his appearance
that day. He Mr. NJ wished the question tested
then and there as to whether man situated as his
client was was bound TO support his wife at a sepa
| rate home. They were willing to give her and the
children four 6frhs Of the loaf provided she came
home and helped to bake it.
Mr. Blunt for the wife, said the court had power TO
do Of three things with the appellant I'll, TO dis
charge him altogether from custody. 2. To make
him enter into recognzance keep the peace; or 3.
To go on and bind him out as an apprentice!
The court, strictly speaking, had appellate power
over this case, although they had an original juris-
dictlon.
Mr.. Morris then wished the court to read similar
ease IN the "llth Of johnson Reports-case Of
McGurkey VS.. McGraw."
Other witnesses were then called, who said Mr.. M.
kept IA or Is addresses at work-they did not know
that he was over intimate with them-dd not know
one called Amanda. Did not know that he gave her
things and supported her.
Caroline Du.an called, and said-sh married
! from the house never a house better provided
| for. On occasion, there was man brought TO
\ the house and locked IN a room unSHown TO Mr..
Melville. Witness ordered 10 buy cake and wine
previous TO his arrival. Another time Mrs. VI. told
witness she going out TO meet a gentleman.
Il Mr. Thompeon recalled. He knows Marin Can.