The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-16
View York suprsms court.

New York Supreme Court
.kIes~Q WarWsS agssssi Ihossss Warner, WI
Claw b. Mcfaf. AMI 1novmas Carwlsy, SHERIFF Of
shs Csfy a~d Cos~,y Of NrU Ymk- 4~ncer Of
WMlsos b. Mefaf The above named defendant,
William B. Mofat, reservipg his right To insist that
the complaint i'm this does state sufficient
facts TO constitute cause OF action, for answer to
said compliant, says:-
First-That be has no knowledge or information
sufficient 10 enable him 10 form belief as to any
either of the facts stated in the complaint e1
oept such az are in this answer hereafter specll-
-eally admitted, denied, or referred TO
Second-That slthough tins defend ant has been
informed and believes that Elranef Warner was
married TO said Thomas Warner in England, asd
had children by him, yet thus defendant knows
nothing 10 the time OF her marriage, nor the
member of children who we're the issue Of such
marriage, nor Of the alleged aduleries committed
by said Warner. except from the statrmens made
: on that subject by said Warner and sthers hch
induce this defendant to believe, and he does be-
lcye that the said Warner did commit such adul-
. .eres, but as to when, and under what particular
circumstances, this defendant has not sufficient
knowledge or information to enable him TO form
= belief.
Third-That this defendant has no knowledge
or information sufficient To enable him to form
belief 40 TO what business said Thomas Warner
engaged in Immediately after his arrival in the
city Of New York from Eng aud IN the year 1885,
nor ~ to the prosperity or condion OF SAID War'
ner nor sS TO his capacity to contribute to the sup
port of his wife, until the time when this defend
ants acquaintance with said Thomas Warner
commenced, which was in or about the year 1915
or 1916, and from that time uat the time when
said Warner was examined rs a witness on the
hrst trial Of Samuel Drury in the Court of Oyer
and Terminer, in the city Of New York, on the
charge Of having attempted to kill said Warner,
this defendant believed that said warner was
lawyer in good practice, deriving large sums OF
money from his professional pursuits, although
This defendant had not, nor has he at the time OF
signing and verifying this answer, any knowledge
or information sufficient Ia enable him to form be-
lief the extent Of such gains; and this defendant
says that when said Thomas Warner was so exam
med a. a witness said lrdi of Drury, which was
or insinuation was made by the counsel for Drury
publicly, that Warner had manufactured or sent to
his own house torpsdo box or explosive machine,
with the intent 10 kill the plaintiff in this action,
which box or machine the same which Drury
was tined for having made or sent to kill said
Thomas Warner; that during the examination OF
said Warner az witness, he made some state
ments as 10 his connection with women other than
his wife. and as TO his relations with the plaintiff
and his family, which produced in the public mind
impressions unfavo-abe TO the character OF said
Thomas Warner; that as this defendant has been
uniformed by the latter, aud believes, his profes-
sonal business very materially diminished, his re-
eeipts from sBch business much lessened and his
circumstances continued to grow unprosperous up
to the time when he left this country, as herein
after mentioned so that il became evident to him,
as he informed this defendant. who believed and
still believes the statement, that the SAID Thomas
Warner could not, with any hope OF proflt TO him.
SELF continue the practice Of The law, or engage in
any other business. in the city OF New York, or in
the United States Of America But this defend ant
says that he was not informed OF me erect ot the
testimony and position of said Thomas Warner
IN the Drury case, upon his business and pros
poets, until the present month of September, A. d.
1850.
Fourth-This defendant has been Informed, and
believes, that the plaintiff commenced suit for a
divorce from said Thomas Warner on the ground
4. Of his adultery with the person named Busby,
mentioned in the complaint; but this defendant
haa lff d
enable him TO form belief as 10 the time when
such suit was commenced
filth-That this defendant has been informed
and believes that there " as reference Ia such
divorce suit TO Isaac V Fowler, Esq, for the pur-
pose stated in the complaint; and said Fowler made
report which this defendant believes is correctly
described in said compis int; but this defendant
saw said report, nor heard II read, and leaves
the plaintiff 10 make such proof thereof as she may
be advised Is material.
SHth-ihat THIS defendant mas also oeen m
formed and believes, that the plaintiff excepted TO
such report, claiming hat the amount OF Perma-
nent aiimony 10 be paid her by said Thomas War
ner, should be one hundred and hlty dollars a
mentb; and dcponcnt was, about month ago, in
demanded by. or in behalf OF, the plaintiff, that
the payment OF such alimnny should be secured on
the real estate of said Thomas Warner; and this
defendant was informed, and believed. tAat said
Thomas Warner had also excepted TO said report;
but this defendant had not, nor has he now, any
knowledge or information sufficient to enable him
20 form be lief rs 10 the nature of the objections
or exceptions TO such report, further than he has
already stated ia this ans wrr.
Seyenth-That ss this de(snd,ut has been in.
formed and believes, the sell Thomas Warner
owned the real and ease.hold estate described in
the complaint but this defendant says that the value
Of the same, 10 the Judgment OF this defe ndant,
does not excetd, in all, nine thousand dollars
Eighih,-Tbat rs this de tendant has alse been IN
formed and believes said 1homis Warner was pose
speed Of property of the character stated in
the complaint worth, in ALL about one thousanddol-
fhe 10 m debit hut
fendaat has no knowledge sufficient to enable him
70 form a belief as 10 the amount OF such debts.
Ninth-Thst il is true as is stated in said answer,
hat the said Thomas Warner continued to reside
at number eighteen, City Hall Place, until the
eleventh day of September, 1850.
That rs this defendant has been Informed and
believes, said Warner on that day ish Jersey city
ON bonrd of the steamer "Americn" to 90 To Ing
"A .rd ,h,. M n. I,ves that he haa go no