The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-21
Supreme COurt-CIrcuit Court.
Before Iudpa Uurlhut

Nov. 90 Charge Of qduery -appieation f.r Diuorce
-Magdalene Nichtern vs. Ponce NJ. Nchtern. This
suit OF adultery and cause; the suit
of the wife against the husband and the
the wife. was alleged In the complaint Of the pro-
secuticn that she married to defendant in Penn
sylvsnia, Ia September 1885, that they came to and
have lived in New York since 1882 Ponce NJ Nichtern
the defendant filed his bill against his wife praying
creed during the time she lived with him. she had two
children (grsone seven years Of age and the other
nve by him; and complainant now charges the truth
to De that Ponce M. Nichtern has since his marriage,
committed the crime of adultery at divers times and
places in New York particularly with the servant girls
Whose panes were mentioned) who were at the
time In defendants employ; that in consequence Of
expressions OF contritoR and promises of reformation
che consented TO forgive him and continued to live
with him until the 9th of December, 1s&7, on which
day she finally left him. in consequence OF such treat
ment rendered IL unsafe for her to live with him;
complainant further charges the acts Of adultery with
other women and that he b at present living with
OF them named Lizette. in house in Liberty street;
she (compainanD therefore prays that her marriage
may be dissolved and divorce dscreed and that she
may have the custody of the children.
Henry VoIcHI deposed to the act Of adultery having
been committed by defendant with q woman named
Smith, in . house OF III fame
ELLEN RosxsnRGH deposed to the fact that defendant
has frequently visited young woman named Lizetts;
saw him there last Saturday week, in her own room
In Liberty street.
On her cross examination this witness said that de-
PENDANT (who Is a DOCTOR attended child In that
house who ILL., heard that Lzette also III has
not her take medicine but she told witness that
she has taken IT, witness looked through the
and Lizete the bed and the doctor standing be-
side it, he going TO leave she had her stock
ing off, does no. know II she Lizette) was suffering
from burn on the foot.
Re examined by NR BLUNr-Did not know the defen d.
ants name Doctor Nichtern when he used to visit
Lizstts fret; Lizette used to call him her cousin
The cross cause Of Ponce Nj Nichtsrn VS.. Magdslene
Nichtern alleges that she committed divers acts Of
adultery particularly with (party Damedl the 18th
ofJuy, 1877 and that he Ponce NJ Nichtern) WAS not
Of that fact until the 9th December 1s47 that
she left bis house the last mentioned day he al 90
prsys for q divorce.
Msgdelepe Nichtern, in her to this complaint
admits that che left her husband but that was 10
consequence Of his violent treatment che positively
and unequivocsy denies that she committed the
other person persons whatsoever Dispositions Of
woman named Burns read in support of the ALE
cations Of the presecutrx against her husband but th
evidence Is wholly unit for publication. At the RISING
Of the court the stood adj to this morni
Mrs Nichtern, scc-m panied by her daughter tive
interesting and intelligent looking little girls
seated near her counsel the whole day Painful in
deed must have been the Of duty that compelled
wife to attend In person such occasion, but II
meancs oily and truly heart d ng sight to be-.
hold her innocent children forced into court
unnecessarily polluted by the recital OF the depos
tons (be they true false) that thus given Ia
plain detail IL the mothers feelings do not prompt
her TO the proprety Of leaving her tender charges ri
home, during the remainder Of this painful and
seemy Investigation, we hope that the learned and
honorable judge " coguizant Of their presence will or
der their exclusion from the without offering
any opinion upon the truth fasity Of the allegations
recital Of the charge h calculated 70 aemoraizs th'
minds Of children, whose infantine curiosity aud at
tention nust naturally be excited by the unhapp
cause at issue between their estrapged parents.