The New York herald., 1850-09-18
The Forrest Divorce Case.


tion should not be granted restraining M Forrest
from leaving this State, was brought on.
this ia an application on the part Of the dsfsndsnt in
suit in the Supreme Court OF the State ofNswYork-
writ OF ne ereo the papers on which he moved we're,
frat an AFFIDAVIT by the attorney f. the defendant
which goes on to say that the ~ss obtained in
the absence Of the defendant the paper is the
writ Issued which orders his arrest that should
be committed to the custody OF the sh.n unless he
entered into bond for so00o that he would not so,
attempt to CO. into parts beyond the liiut. OF this
State, without the leave of the court The remaining
paper is an affidavit Of hr Forrest which states that
ofhcer On application to this court the present pre-
siding Judge Edwards granted that the defendant be
granted restraining him from proceeding in Pennsyl
vsnia: 1t may, however, be necessary to read the
complaint but he would not now detain the court by
Mr.. 0Connor CMrs Forests counseD observed, that
which the order was but If any aaavss are
to be read he should like to have notice. they might
contain matter OF great materslty which It would be
course would be for Mr. Van Buren to serve him with
the stdsy, that they may reply toi He hoTs.er
arrested, to be heard as early as possible.
Mr. Van Buren, after some conversation with Mr..
Edwin Forrest, who in Court said he would go on
with the motion, and he oner to read the affidavit
Mr O'Conor objected, and the Judge said that the
motion must be made on the papers used for the ar
Mr.. Van Buren then said he should leave it to the
of the proceedings, he should show that the proceed
ipgs were Irregular 1t is suit OF wife against her
husband for divorce, and for a settlement; and he
would briefly call the attention OF the Court to the
particulars Of the complaint 1t undertakes to set
out three causes Of action. The second revised sta
tutes, 30, page 146 allows separation from bed
and board forever on the complaint of q married wo
man three cases section 40 states the causes for
/ which the Court may grant the divorce. First for
cruel and unusual t-eatment; second, for such con-
duct ss may render 1t unsafe for her to cohabit with
him; and third, his abandonment and refusal to
support her. As he (Mr. v understos sd this COM
plant begins with the last ground the abandon
and continues with the same inverse order which has
characterized the proceedings ever since they com
menced The complaint then refers to case pending
! In Pepnfylvans between Mr. and Mrs Forrest, aud
demands that in that suit he be enjoined and re-
strained by the Supreme Court here. 1t is, how
ever, worthy Of remark that the abandonment
by the husband, as stated in Mrs Forests sfndavt,
s as subsequently stated in the same document that
he put her into dwelling house in this city and al
lows her year, but 1t states that she is appre
hensve he will cease 70 do The refusal to provide
for her consists in her apprehensions that he will
cease to do so. lie (counseD supposed that the cem
plsnsnt has right to proceed in this suit except by
her next friend who would be responsible for costs
and he referred to the decision of Judge Edmonds in
the Of Colt Colt Next be would say there Is
no fact stated in the bill which even II true would
authorize the proceedings The only thing that gives
color to the bin is after stating the allowance, she
that the said Edwin Forrest, unless restrained
will leave the State Of New York and not return TO the
But no facts stated Justify such apprehension,
and there is argument which could justify it. Mr.
Forrest without the jurisdiction Of this State and
! he commenced these proceedings which, counsel was
fopinion cond not be stopped by any order OF this
/ II
plant, il is stated that person who could be wit
/ ness resides within the State Of Pennsylvania and
one exceptions resides in New York.
But there was looseness in the sldavits apparent,
and he would direct attention to before the case was
ended
Mr.. o'Conor asked Mr. Van Barren to read the last
sentence Of the twenty first section.
Mr.. Van Buren said he would come to that in regu-
lar order lie contended that there fact stated
to justify the issuing Of the writ from this court and
I he continued to read sections twenty and twen-
]
the said Edwin Forrest well knew the alters alleged
be false and that he could not give evidence against
her. Mr. Van Buren, then referred to the hundred
and fevenfy-eighth section Of the code. which pro
that arrest shall be made but in conformity with
these provisions and he presumed that none OF these
acquisitions had been complied with in this ease: lie
then referred to the case Of Fuller vs.. Emmett Lega
Observer. and other cases.
Mr. oConor on the part Of Mrs Forrest stated
that the complaint presents three distinct of
action First abandon Dment and failure to provide
for this lady according to the means Of the husband
next such conduct towards the wife would render
II unrafs and improper for her 10 cohsbt with him
the third Of action MI Van Buren, says relates
| to . suit pending in Penneylvania by Mr. Forrest
against wife There is slight mistak. there does
notlate to the suit but states fact that he has
meneed suit In Pennsyvans che being during the pc
rod Of residence in America Of the State
ofNew York and the fact that Mr. Forrest himself
never ceased to be resident Of the State OF Ne~York
ltis an application OF citizen Of the State OF New
York against another citizen OF the State Of New York.
to restrain proceedings In another State, charges
which abe alleges to be without foundation. This lady
ives reared in foreign country brought here by her
husband and resided in this State for ten years in
tloouceu py MIN rs citizen OF New YORK Can ne
~ on 70 ioreign state-or snotner coniederacy-
enu o1mnsnee a tmt sgnnst her' nave her served
.e p'"eLs OF tne ioresn court anu compel ner
nete anu oeieno the SUIT or else oe oiasted vitn
s.nss s.s -non = .puAn mus. avhors Wnen the OF.
sstp ~ tnat .ne iaoy mas oesn guilty OF thAt
se .ne e'n.e OF Nev YORK mas aosciutey power
what there for his going to the State Of Penn
- sSr me t.en,p. ., oounseL ~ ihe other sue,
49, .s,,. W,es' Ni'u Iooss s.esIlne, ha oeen
90, ar anu mas ss n.ue Iounnsuon IN
he mis- int shoull IA
g., is.nin, ,h ana .h.u no sumc,en. e.se Is sho.n
n. su,s 'Ie We eteat ne tnen reir.rea 70 pentonv
49, NJ S SOunson ohsneery neports ineaos tne
.ooo ion NJ Ioiiest propery sWorn 70 oe soout
vTse, in AZ mes cases .ns. coansel quoteu tne
.,s.,.h y. an a. s". oenei VI me ."p'uent s con-
se"o,cnti tnousu ne neeo no. rely upen thAt