The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-11
Interesting Divorce Case Mt Cambridge.

JONAS WYETH MARY wYErH, ALLEGED
ADULTERY.
SUPREME JUDICIAL CouRT, IN SESSION AT CAMBRIDGE,
MIpDLEsrx CoUNTY.--Judge Fletcher, presiding -
This case has excited deep sensation In the commu
nifty, not only from the high responsibility Of the
parties, the wealth of the plaintiff, the magnit lde
Of the offence charged. but from the distinguished
counsel engaged An interest has also been excited
from the fact that very little known after all about
the by ths public, the reporters of the press not
having been generally present. We shall supply this
information by giving from day TO day all the evi-
debce in the case, hich have in possession
and sketch of the remarks Of counsel. The decision
will not be announ ced until sone time next week.
The CONNIE need Saturday aud closed
Monday last, in the supreme court at Cambridge
Judge Fletcher presiding. The case is Jonas Wyetn
farmer, w. Mary Wyeth his wife, for adultery COM
mitted with the complainant second cousin, Horauo
Hastings, in Cambridge and PHI adelpha, during the
years 1885 so and 40 The parties in 1871
afterwards the complainsut received hints OF his
wfe's alleged infdelity from two females who had
lived domestics in his family. Tue delay in bring
ing the trial said have been by the
fact that the statute requires five years residence be-
fore such suit can be grought here for inadety out
Of the State The cousin was only nineteen years of
age who the alleged criminal intimacy commenced.
He was examined as witness, and denied the facts
charged and testified to by the witnesses for the
plainant Omitted, and so does the wife,
siderabl, My familiarity. Counsel for Mr.. Wyeth,
Mestrs VI .-..r and Giles and Messrs. Choate and
G. G. Hubba he defence.
kbILatDE OF THE PLAINTIFF.
employ of the Fitchburg Railroad Company live in
WATERFOWL; know MIR. and Mrs J. Wyeth have lived
with them in the summer Of '3S went there near
April LIST and left latter part of November recoect
working there the season; horato Hastings wa, there
May assisted some in planting and in haying; did
on some occasions OBJ erve the Conduct Of Hastings
and MR. Wyeth; have noticed looks from one to
another and smiles, and seen them look and smile
to the other.
GINS fOr libsllant The Court has right to know
have see ~ them look and smile at each other and
look at me, if did not notice them; did them
down on the hay together morning in the field,
near Fresh Pond we were getting hay; several
in the field ct the time; Hastings and Mrs Wyeth
down on the hay together he was at work on hsr feet
back the hill between Fresh Pond and the hill this
in 1885, latter part OF July or August haying sea-
Mrs W heeer and Mrs. Wellington Mr. Wyeth was
in the field, not great ways from the place at the
time; at work on the back side OF the field,
near lane; MIR. Wyeth was between and the turn
pike in the 20 lott the hay was on the lot; 1t
took place three or four rods from me; don't know
whether MIR Wyeth raw 1t or not have, on one occs-
sion, Hastings and Mrs. Wyeth in the barn to-
gether to take away hay; don't recollect anything
particular occurring in summer OF 49, never saw
her taking away hay at any other tme pitched the
hay of. and they took 1t away; Hastings and Mrs.
eth have rode together in carriage and horse.
back; took horses the house to the stable; 1t
in the evening, might have been nine or ten
o'clock both times returned with carriage later and
horseback later still; don't know That heard
Mr. Wyeth object; neither heard it from Mr.. Wyeth
MIR Hastings; did hear Mrs. Wyeth object to attend
where pre- pared himself and went out; them in
Mrs Craiges field Craige's Island; 1t was forenoon,
between ten and twelve after Mr.. W; had left the
there then shrubbery Is the most retired place
of any in that vicinity; think l saw no person with
them looked At them several times there had been
any one else there, think should have seen them;
they down the grass, rising as Thoughts from
q reclining POSITION, and looking at when tnrst,
and portion on their elbows; both In sams stttud
should think was within three rods Of them.
CHoAIE, Gross EIGntner.-Dont know wheth
ever testified as to looks meant to say gesture
think saw something of this kind think seW
collect particularly about gestures On hsy 1ed; dit
know that all went together; Hastings enQf M.
Wyeth worked little or tried TO; dontreeolleeey,
thing like q froc; think every one could have -
If they had noticed; there was not any retiking ~
Withdrawing to fecret part Of the field; IL lasted
moment two; Hastings was with US; did usually
help some; don't recolect particularly; saw them
rise from the grass when fret saw them they were
sIRipg; don't know how described 1t; they rose IN
short time, perhaps moment two; three to av9,
rods of; rome trees were between me aud them;
think from ten or fifteen rods; could have seen them
sitting q bank; opposite was bank between me
and them; they sitting on the lowest bank; NO
trees shrubbery between me and them; nothing to
have prevented fro seeing them in the field, and
in NO path believe was anything; they were on the
grass together rather leaning back from sitting posi-
tion both ON their elbows, side by side- should ssy
below a sitting POSITION could swear that either
elbow hand Of Hastings touched the ground; will
not to Mrs. Wyeth; they were by the side Of
the brook a elope facing me, and on the opposite
bank; was not directly approaching them; they were
In motion when fret them, aud In minute or
two were their and walked around the island;
they were not sitting when hrst saw them presume
asked ne to their position; have described every
thing recolect lac was socisbe, not particularly so
he lively, frolicsome feew, full Of HIS fun; don't
recolect ! ever raid anything Of the Kind, that
Hastings had thing to do with her more than
/ did.
In yeplv TO Mr. WEBsrER-I saw no ffolicking except
between hastings and Mrs. Wyeth; did not bee
Hastings fIolick with others; there was common
the other side from the place where saw them
d net spesk 10 them nor they to me; they walked
round the island did not leave 1t until was out VI
sight -
HANNAH MARIA WHEELER-I am SO; reside in MARI
boro my maiden name is Hannah Maria Garfield
first arri, Zaccheus Bemis since married husb band
who lie stil living; am acquainted with the parties
went there to live in the fall OF ~ continued there
until fall of '3s; acquainted with Hastings he came In
spring Of 49, and continued there until after haying
did observe acts of intimacy between him aud Mrs.
Wyetb; have them kiss each other and frolc TO-
getber frequently have seen chem do 1t on different
DAYS; this was in Mr. Wyeth's absence never saw
them in his presence have seen him put his arms
round her neck MIR. Wyeth left the room MRS wy
eth got up, round the table and kissed him on
both rides Of his face Hastings did not at that time
return the kiss, believe. ] have seen Hastings put
Ice in her back and bo,om number Of times have
taken from her back At her request she said Hast
ingt bad put II there this was in tho dining room
Wyeh VAS absent never saw Hastings put Ice Ia her
bosom In Wyeth's presence have seen Hastings put
his hands on her shoulders have seen Hastings try to
put Mrs. Wyeih in tub where was rnsins cloths;
her in, BY throwing water IN his face havs see Hast
ipgs carry Mrs. Wyeth from the kitchen to the dining
ook her nm in his arms carried her into In. paror nat
her on the sofa, and came back and sbus the door,
being then in the dining room her head was towsrdi
the back window Hastings did spend much Of his
time in the house when he in the house they we're
generally togethe they were generally alone together
she used to assist sometimes about Afterwards,
when about, she did not do it she left bs
with him do not know hsw long they ssad In the
parlor my occupation at the time did net leai
me 10 20 into the house they we're in the bed
room together have feen him sitting there seen
them both in there known Of their being there
by hearing tn,m stepping overhead together, and
known of their going stairs together sun DOf hts
then Sitermafds have khown thein roIetines ~ be
there a coed white sometimes hone va in-