The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-04
Court OF Common Pleas.
Before Judge Inglis.
CURIOUS TRIAL.


. snoeTaker's tool store in Grand street, against
Jonn NJ Lowerre "a man OF about 10 years OF a ge,
ana worth some $4,000 or SlOO, 000), for illicit
at $4,000.
C. NacLE, Esq, appeared as counsel for plain
:ia, and !. P Prhssos and J. HOLMES, Esqrs.. for
defendant.
happening, Mr.. NAoLE stated that Mr. and Mr.,
Talmadge were married in Utica, soon after VIII ell
they came to this city and settled. Two or three
years since, they hired house belonging to the
plaintiff IN Clinton street. but, in May 1910, were
unable, from the pressure OF the tines 10 paw the
rent. distress warrant was issued, and the fu r
niture taken into Of the defenda ant even
TO some OF the wearing apparel OF the wife and her
two young children. The family was broken IN /.
Dir. +. obtained board for his wife and two chill,
dren, wheie he could do so to advantage. Subse.
quently it was discovered that the defendant had
Illicit intercourse with the wife Of plaintiff by
family, and the present action Is brought, not so
much with the view of seeking PREPARATION for
wounded honor and slighted spirit Qor those are
points which money cannot reach) but in some
measure to obtain from the jury that justice at their
hands which the case will be found SO pre- emil
nently to deserve.
The plaintiff and defendant were both in Court
Mr.. lis active and rather young caring man.
Mr.. Lswerre is also q smart looking body, but
would not pass for that strong woman hunter that
one OF the witnesses took him 10 be. Mrs l.. was
not in Court, though several lady witnesses were.
II is said she is in the vigor Of beauty and woman
mood, and possesses an appearance capable of
tempting even a more fastidious connoisseur than
Mr. l..
WILLIAM CLARE sworn.-Knows Mr.. Tallmadge
and lady; was present at their marriage; her name
was Martha Clark, and they were married at Uti-
ca by Dr. skinner, in 1927 Have known them
since in this city; they I'VE two children 10 and
. years Of age.
BY HoLMss-Is no relation to Mrs. Tallmadge;
was present at the wedding by request of Mr. r.
whom had KIN .wn for two years and knew Miss
W m ths. her har. cfa hada al
been well spoken OIL They lived there about a
month afterwards, when he went away to get a
more permanent residence. Visited them at the
house where they lived after their marriage; did
not hear of their having any disagreement within
that month After he left he stopped ia Albany a
few days, and then came to this city, where he has
lived, believe, to the present time; he sent for
his wife; he told me that he did so; did not see
Mrs. T. after Mr.. +. left, nor do know how long
it was before che followed him; she never sent to
enquire Of me if had he ard from Mr. T.; visited
them in NewYork when their Oldest girl was about
q year old. 1ta
BY CouRr-I resided in Utica at the time of
their marriage, but came to this city about year
afterwards.
By HoLNEs-I did not visit Mr. Talmadge after
coming here, but he met me and told me that his
wife was here. 1t was about three years after
their marriage; they lived in Forsyth street; vi
sitsd them occasionally afterwards but cannot tell
how often, perhaps once in six months, or once in
three months, everaince. saw Mr. Tallnadge FIRE.
rated heard Of their living separately three years
ago last May; did not hear him say she was OF such
temper he weuld not live with her, but have heard
him say that she would do well enough if she lived
in house by herself
BY the CovRr-Heard him ay,that lseveA years
by HoLMEs-There had been a quarrel between
her and of the other tenants ia the house, they
lived then in Stanton street; | believe they had
lived in house previously by themselves; he ne
YER said he could not get along with her; after
their separation, about three years ago. he lived in
Grand street, but do not know where she or the
children lived; have seen her since-it was the
June after thsir separation; she came to M house
also saw her once afterwards At my house and also
at her husbands stsre. l saw her NO where else;
never heard him say he had entered complaint
at the police Office; am shoemaker as he L. and
he 10 now shoe makers tool maker and keeps
store.
By NAoLE-when he left Utica, a month
after his marriage, it was understood that h. did
so to get a permanent home They lived at the
house OF Mr.. Lowerre previous to separating.
By HoLMEs-Mr. Tallmadge told me previous to
leaving Utica that he was going to seek a Perms.
nent home. Mr.. Lowsrre lived, believe, in
Clinton street.
By the CouRr-Mrs Tallmadge was:a little over
Is when they were married, and he was about "A
or Is. Her mother was at the marriage, and they
were respectable.
srKPHrx Wees sworn-Was a copartner in
business with Mr.. Lowerre, in Carmine street, for
one year, and in Peck slip for two years 1t was
in the crockery business. We dissolved in May,
1871; was there off and on for some DAYS; Mr.
Lowerre kept there little time afterwards; Mr..
Tallmadge's furniture was brought there in May,
1910, and they remained there till we left; there
we've two bureaus, two bedsteads-one Of them
pretty valuable-two or three BEDS and other art.
cles-geod furniture; there was also clothing;
have seen Lowerre bring from the third left.
where the goods had been stored, some children's
clothing
by the CeuRr-I saw him give two pieces TO
TaIlmadge's wife. Il should think it was in the win.
ter after the spring they were brought there
BY NAeLE-The furniture was brought TO the
store in two lots, the first two three days after
the LIST May, and the ,Inder some little time af
forwards. have seen Talimadge's wife there and
also Talmadge, whs was much excited al his furni-
ture being kept from him, as ne wanted to keen
house; have heard Lowerrs say he offered him
$50 to give up part of the furniture Ii would puz.
zle Philadelphia lawyer to say how often she
came-for some months as often as five or six
times a week. The goods were there when left
have frequently seea Lowerre and her to sether in
close conversations; | ence came into the Office
when they were close together, but | never su,.
pceted any thing; recollect woman coming to
the Carmine street store, and Lowerre said it was
Tallnadge's wife, coming 20 pay her rent; when
she came to Peck slip she asked him to give her
up her clothing, as she wanted to 60 to the west:
heard him say If she went to Utica he was connie
out in the summer, and would probably call 10 see
her.
BY HoLMEs-I never saw her at Csrmine street
but the one time alludedto. Sic came in, paid the
money and went of. l have been witness before
in relation to the furniture Cannot say it was
brought there at request Of Tallmadge. Do not
iecoleet hearing I. say it should be to discharge
the landlords warrant. but he said "you keep the
furniture till you get the. money" Iheard Low.
ere say he had taken what the la allowed him of
furniture under q landlords warrant.
and Tallmadge told him To store the rest. He said
Tallmadge asked him TO keep the furniture ill he
could redeem it. have seen Tallmadge there four
Or five times. Did net hear Tallmadge say he had
The 800, but Lowerre might keep the furniture
Ind goto h with it. Lowerre said that Tall
nadge had said so. | de not recollect hearing
Lowerre say the furniture belonged to Tallmadge,
except when il was first brought there. He spoke
II the 500 about 5 or 6 months Afterwards. He
aid that Talmidge observed, if he would not take
he SlOJ he might keep it, SC The $50 alluded
o was at another time. Knew nothing OF what
vas done with the furniture, except from hear
az.
BY NAeLE-I understood from Lowerre that
Hrs. Talmadge offered him $50 to let her have
be kitchen furniture alone, As she wanted it for
This was in the winter.