The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-04
Inv l,,tellIaencc.


seph Gushing, William Gushing, aud J,remiah King
This proceeding under the statute to obtain I'M
m.aiste possession Oh Ia as, Dowery Ampn'nnTe ~
Tryon took leass OF tina premises in question for
mon ms to end the 10Th April, s4s. On the same
day he entered into agreement with Mr. Burtis to
w.t. that Burs should furnish horses and every thing
else necessary the exhibition Of regular circus in
Guiding grooming fac ing Sc for which he to take
half the receipts of ths performances In conside
ration OF which, Tryon pay all rents and make
ruch other payments as might BIZ necessary for the
mansgemen of the establishment. except above
toned MI Tryon being as ne states, sm barrsssed at
the time In consequ Of some recent losses caused
the Of Bus be placed at the head OF tbs play
bills; being however expressly understood that his
name was only TO appear for that purpose, aud was
not until tho 9th If February last that he ever heard
that Burts cismed to be lessee and that 1t also
expressly understood that the to expire
to be entered into between them If the was
to be continued. That on the 18th Of January, Mr.
Tryon shut up tho house, snd put a man named
Peter Luginbuhi ia possession, sd his agent and
teker, who continued Ia possession from that
time uuth the 9th Of February last. when the
defendants came and ejeoted him, and took forc-
ole possession, which they have since retained
The def wits, that Tryon aEipioyes as the
sSsnt 8, n has. t t h $50 asms Of %Ph
taken Tor the benefit of MIR Burts aud tEst he Buri.
at the tme t taken adv nced $500 to be paid over
T., this e,sors that he sleo agreed to take Tryon rs
manager ct salary OF $40 week or such further sun
as the profits of the theatre would admit OF 800
This arrangement entered into week before the
18th OF September and carried INTO Effect on that dag
sod that from that time VI to the cosng Of the amph
theatre the rent was psd ~ Mr. Burtis himself to the
leeeo except upon two or three occasions ~ was paid
bv rrvon bv dirrc ion of Burtis That on the lth OF
January last when the hous. closed there $3.50
aud that Burts bis note to the lessons for
that sum, endorsed by one Bartlett That he Buris,
in possession from the 18Th of September TO the
present time and that he had and previous to, the
9Th Of February the day which 1t alleged iorobls
possession TAX his horses and other property 90
the premises aud In short that all the share Tryon had
in the transaction was hsa as sgept OF Butts.
Adjourned to tomorroF Vths mor0inG
SUPREME CovRr In Equity-Msroh Before Judge
Edmsnds-F iancts Grifn us The Trustees NJ the Third
Associate Reformed Church-Deoree Of foreclosure
for amount claimed
Martha BurdH Us John Bnrd.ti--Ths bill in thi,
filed by Mrs Burdeli, charging her Husband with
various acts Of cruelty and with having abandoned her
self and his children and praying divorces fso bed aud
board The defendant answered the bill, denying the
aotr of cruelty ana justifying the abandonment.
MARGARET McCLEtsTEn examined by Mr. CHARLES
EDWARDS on behalf of the complainant KDows the par
ties complainant and defendant; lived ia the family for
thres four months, about Ave years ago. Mrs Burdsi
had two children at the tm add expected to be shortly
oopfued OF another.
@ Do you know what kind of food Nix Burdell used,
Yes, sir.
clearly irrelevant What has this court to do with what
gentleman may choose to use for mis- own food Oh
lection overruled
Wirstss-He used to 60 into the garden, pluck the
Indian corn, chop 1t no, aud eat IL.
q Did he often eat with the family?
A. He did not he either eat by himself went into
the kitchen and eat with tbs servant man.
@ Did he require mis- family to live according to any
particular systcmi
Yes. sir
CouNsrL- State what was the system.
WIrNEss-Hs required them 10 ive acooroing 10 sne
Graham tystem TO i've on uhleavrned Dread psHea
hard In an oven, goats mix ana hominy; Mrs burden
eat the same -
SANFORD object to this evidence; what nos ~ 70
DO WITH tho Queston we are now tfyibg snu even ~
had what does prove out that Toe system itse sx
ceent! IL mas oeen adopted oy many gentlemen In ths
city has become almost universal and is considered su-
perior TO ouckwnsst CAKES. ,
VINO, IN the mousse ala ms make DIS companion'
A Tbs servant man.
Was ne much Win MS vile ana chiidren!
Oaiy very seldom
Did he require that the children should DO dressed
In any particular way! .
Yes sir; he vented to have their clothes on their
shoulders without strings, and to wear big shoes that
they sere not sols 70 carry
Were you In tue family at the time any clothes
were taken OH Que OF the ohidren'
1rs SIR -, 40 -,
what was Mrs Burden tusion at the ume'
A. she was sfter being osnnned 49,.
q Dia you see nun Tear tho olotnes OF the on,iu "a
a ava pot; Gus ne toia me OF ~ etter aho sh'u ~
was sn unchristian aos aud MS vile only rev Iays
cosnneo ne sara thry we're 700 tigh anu tnse ~ se
torn them on MI' Burdell wac very III Afterwards
x what was her Praonce WIN ressro !" S1s's"s
the chidren' ,,,
A. They were always dressed very ioosely ana oen
~ " Ia A.