Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-10-29

der the popular cognomen OF isthe New Era" His |
honor granted temporary injunction against the
newest OF all the New Eras, with an order Tor the
Responded to appear and show on Monday
next.
Vice ChanceIlOr,s Court.
Der. 26--Shatc Us. Shaio.-This cause came on to
be heard before his Honor the Vice. Chancellor, upon
motion to dissolve the injunction issued upon the
bill Of compiaiit FLED against Edward ] Shaw by
Eliza M. A. Shaw (the celebrated actress of the
Bowery Theatre) on charges Of cruelty and i'll treat
ment.
The counsel for the defendant, in his opening ad-
dress, conteRded that the conduct Of the complainant
such not to enitle her redress in this court
where she was bound TO appear with clean hands,
whereas, by the answer of the defendant it was evil
dent that her conduct was Of the most improper and
wanton description, and it was by her acts that
the defendant was provoked into acts Of violence
against her, if any such had been committed which
the answer generally denied.
For the complainant, it contended that the
only object of the defendant, here in obtaining dis
solution OF the injunction, was simply to get posses
sion of the earnings of the complainant. That taking
his statement in his answer to be true, he had
married q struplpet and fathered her two bastard
children which she had before marriage, by actor
named Hooper; that 1T was evident he married her.
live upon her earnings, or why did he contract mar
rage with with woman who (if his account was
correctly he might, in all probability, have enjoyed
without binding himself to her by any such cere-
mony. That by his own showing, he able to sup
port himself in comfort by following his profession of
physician; yet he too idle to do so, and pre-
ferred living upon the earnings Of this wanton Gas he
endeavored ts make her appear) and whom he had
married KIN, wing her to be SUCH to gain an honest
living by his exertions and talents in profession in
which he was reputed to be c,ever; yet, notwith-
standing he was INDUCING in these indolent habits,
and although receiving her salary, and living upon
her talents actress, his temper tad that
he frequently gave way to acts of brutality and
cruelty to the complainant whom he eadea-
vored to repudiate. That as an instance OF this,
while they were residing in New Orleans, where
the complainant was engaged as an actress, she
had been under the necessity Of suing him in
criminal court; and upon another OCCASION, while
staying in New York, during the month OF July last,
he had thrown glass tumbler at her and cut her
head Open
The counsel also commended that taking all the
facts into consideration, the complainant had esab-
lished sufficient to claim the protection OF
the court and that the injunction ought not to be dis
solved.
The counsel for the defendant, his reply, stated
that the of the defendant completely negativ
ed all the arguments OF the adys counsel
the dl habits Of the defendant. his desire to live
by the earnings Of his wife; that although it was
fortunately too true, that the lady had been all that
she was represented by her counsel; yet the de-
PENDANT, with the same infatuation watch was often
evidenced by instances OF a similar description
among the young men Of our own city, had been in
duced by the charms and Vaccinations Of the
panant to hope that being married to him she might
reform, and by that hope he had been seduced into
matrmony.
That after his marriage he had done all in his pow
er to make her respectable, and gain admission into
respectable society, but her violence great,
and her conduct bad, that his mother and his
lations had been obliged to discard her; that the de-
PENDANT able TO support her IN comfort, and did
do until driven by her conduct from his house and
family connections, and ultimately compelled to
come over to this country with the complainant and
two children-that he obtained the means for do
ing, from his family, from whom he has repeatedly
received remttances since his arrival here, and by
which he has been enabled to pay the debts csatract
ed by the complainant whose extravaganza
That the object Of the defendant in seeking to OBJ
tain dissou ion of this injunction, in order TO
take her from the influence Of individuals who
were, in fact the sole cause Of the complainant
filing her bill in this matter. That the complainant
in defiance Of the directions Of her husband, was in
the habit Of being in a private box with Hamblin;
and that when the defendant threatened unless she
discontinued her imprudent conduct with Hambn,
he would prevent her playing at the Bowery theatre,
she him at defiance, and caused Hamblin, through
Thomas Barry, his stage manager, (and in this suit
the next friend OF Mrs Shaw to shut her husband
out Of the theatre and exclude him from all ntere
with her. That with respect to the affair at
New Orleans, the cause as appeared by the answer
Of the defendant. sufficient provscaton for great
er violence (if violence il could be caed) than had
been committed in this instance That affair was as
follows: while the complainant and defendant were
residing in New Orleans, the husband Intercepted q
letter from one Dukes, an ERglishman, making an
appointment to meet her. That in consequence,
words arose between them, in the course Of which
she boosted she had several offers from
keep carriages and equipages for her, and support
her in STYLE without acting at all Her husband, ma
turaly enraged at this, insisted upon knc wing the
names Of the parties; and upon her refusal to give
them M, he seized some beads from her neck and
trampled upon them. That the charges made against
him by the complainant, were so frivolous, when
they were heard, that the defendant was discharged
and this all the terrible violence diated upon
such length by the learned counsel for the complain
ant.
The learned counsel further contended that his
honor, by allowing this injunction 10 stand BY which
the defendant was restrained from interfering with
his wife in any way, was actually sanctioning her
living in state Of prostitution, az was almost EVIL
dent from the bill ITSELF and that her sole object in
fling this bill, to prevent her husband from in
terfering with her in her intrgues and amours; and
if this motion refused, the complainant might 70
on, and in spite Of the defendants authority as a
husband continue 10 violate all the laws Of decency
and morality; ana claim that in doing, she W. q
sanctioned and protected by a court of equity.
On Monday, his honor the Vice Chancellor deli
vered his decision In this at great length His
honor tsok . review OF the whole history Of the
parties, the and progress Of their difficulties,
and all the grievances Of the fair complainant,
down to the application for injunction by Thomas
Barry, AZ the next friend Of Mrs. Shaw.
His honor then said that sufficient had not been
shown, "a warrant him in granting Mrs. shaw d..
lf the husband ofthat lady thought there
any thing wrong In the betw homas >.
Hambin and his wife. he had right 70 interfere
and to prevent her playing 1t the theatre II he
thought proper, by breaking the engagement, or taxi
ing her away from the house.
His honor then dissolved the injunction, saying