The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-13
| Forrest Divorce Caso-nnrs. FORESTS AppIi-
cation TO the Supreme Court Of New

Forrest Divorce Caso--n1rs. FORESTS AppIi-
cation 10 the Supreme Court of New
Mrs Edwin Forrest has made an apple alton to the
Supreme Court Of this State for injunction to
strain Mr. Forrest from carrying on his action for d.
vorce In She also prays for protection in
other points that he may be restrained from dspos
ing Of or incumberng his property and from visiting
her, she fearing violence at his hands. A hearing
upon the before Judge Edmonds. has resulted in
the granting Of the Injunction and in Mr. Forests
arrest He required to find bail in the sum of ten
thousand dollars. Messrr. Howland and Chase ap.
pearea for Mrs. Forrest
The injunction granted by Judge Epmonds runs as
follows -" In nsderation Of the particular matters
In the said complaint set forth, you the said Edwin
Forrest, hereby ordered and enjoined until the
further order OF this Court absolutely to dsist and
refra&R from further prosecuting by yourself by
any counssllor, attorney or agent the suit action
Tor divsrce, commenced or attempted to be com
meneed " you, against Catharine N. Forrest tho
above AIMED plaintiff by libel in the Court of Com.
mon Pleas for tho City and County Of Philadelphia In
the State Of Pennsylvsna, any other suit action
for like divorce In any other State than the state Of
New York and from coming into any house place
where she, the said Catherine N Forrest may reside
or be. and from removing taking any measures in
person. or by your oounscllors attorneys agents
to remove the said Catharine N Forrest from out
Of the State Of New York and you the said Bdwin
Forrest your counseiors, attorneys, and agents are
also hereby ordered and enjoined until the further
order Of this Court absolutely to desst and refrain
from selling conveying, or in any manner disposng
Of or parting with, or incumberng, the lands tsna
nens and real estate Of you tbs said Edwin Forrest.
And hereof fail not at your peril"
Mrs Forests complaint embraces twenty-ons sec
tons which Invested of their technical phraseology,
state, among other matters upon which she proposes
to commence suit for divorce that she has at all
times since her said marriage lived and conducted
herself in chsste and vrtuous the wife of
him the said Edr in Forrest, and has committed
adultery, or been guilty of any unchsst-, impure
immodest crnduct whatever
AS and for further cause Of action she alleges
oil matters and also that since the first day
Of October, one thousand eight hundred and forty
nine sbe has been living separate and apart from the
said Edwin Forrest by bis desire and procurement in
a dwelling house in Sixteenth street in the said city
OF New York, without any male protector OF other
means of defence against assault sudden volence
and she further says that he has not entered said
house visited in any way eorresp opded with her
since tn. tenth day Of February one thousand eight
hundred an NIFTY And that he the said I'd vim For
great physical strength and has gene
rally in has company some person persons Of loose
voted tohik ecxvie~ and that whist she living
apart fsfm ID said house in sixteenth street, he
contrary 20 the statute In such case made aud pro-
vded has been guilty Of such conduct toward her
renders IL unsafe aud improper for her 10 cohabt with
him. in the particulars in the articles mentioned
and also In this that he the said Edwin Forrest.
she the said pisiptin L. informed aud believes whilst
she, tad plaintiff was 40 living separate aud apart
from him In such her separate abode aforesaid Ia
Sixteenth street In the city OF New York without any
guardian protector In or about said house, diI
the fifteenth day Of June thousand eight hundred
and fifty, between the hours Of eleven aud tselvs
o'clock, after the Of said day. land at divers
other times habtualiy, in the night time, prowi
in stesthy and secret manner about the said last
mentioned house, having in his hand loaded
stick er other like dangerous weapon. ami then and
there by ge,ticulatisns ard the Of violent aud
abusive language against her the said plaintiff eN-
hibit great and vehement anger and hatred against
her he ssd plaintiff whereby he, tho aid Edwin
Forrest has excited great aud Just apprehension
the part Of Der the tad plaintiff and others, that he
would suddenly asseil her ard commit some great
bodily injury upon her aud i.rcbly carry her OF
the ad State ofNew ork, unjusty 90 subject her 20
the Jurisdiction Of other state country; and
that she the said plaintiff is informed aud believes
he, in the month Ut August one thousand 1T hit hun
drtd ard fty, caused 20 b. fled in the Court o CON.
mon rleas, for the city aad county o Phsiaphia Ia
tbs State ofPennsyiyana, certain paper, iptended
M the commencement OF aEit or action against her
for nm absolute divorce. callgd libel, charging that
che the tAd plaintiff. had committed adultery with
one George Jameson AZ Cincinnati. In the State Of
Obie and with the said Jameson and seysr other per-
sons. and divers others unknown 70 said BdFln
Forrest At The city OF New York and be intends 20
prosecute the ~ Va libel a. a final Judgment and "
defence be made thereto, may obtain judgment Of
said court IN Philadelphia in terms anuunz dissolv
ing and declaring void the marriage between him and
her. the said plaintiff II judgment should be given,
the would be held to be valid by the courts OF tho
State Of PenDsylvauia and slso in some ohor states
OF the United States and voals subject her 20 great
prejudice and nbarras and lpsd- her In the enJoy-
ment Of her rights and remedies sought 60 be sstao-
lished by this her cemplsns and otherwise Lastly,
that she net within the said State II p~unsyivania
at the time 81 the filing Of the libel In the same
State at spy time subsegusat 20 the ding or since the
eighteenth Of Jsnusry, one thousand eight hundred
ard forty. nine She has not appeared or consented
TO appear IN the court % Philadelphia aud has deter
mined not to appear relying upon the prt due,
and OF right 20 be afforded her In the premises the
Forrest las caused b. 10 personally served on her
without the limits Of PesnsyivAnia. prooessi upon
court 81 Pbiiadelshia on the third Monday Of
September, enc thousand eight hundrA aud MY.
The stld Edss Forrest Goes not sisge nd never has
pretended that ere, ths said plaintiff committed
any offence In The said state 81 Peuasylvania 80
persaA who is or could ~ material witness ioF eitnr
parry upon any issue that could arse touching lhe
ahasves In saiGb.l resides OF is vilin the said .sste
OF Ssnnsylvaba, and avery person Whoa testmc ~
s.uld B. material 90 relevant fcs either party
iea~pp In or A. he
eerk or a. some Pace nearer e. the -ry "a New
fork than - the said city Of PHILADELPHIA With the
exception OF one OF two persons. There ~ In the
ehole hfty persona or thereeboats whose testimony
would be ateril and necessary Tor her GA such An
safely psoceed TO the trial thereof residing IN
the city Of New York whocs attentarse a. ~ N
witpesses shs soud procure In The t.iy Of NJ.
1ofh but sac could nee procure abe sitcad-
ance In the SsAte Of Penrsylvania % such perbons
nor Of any ssHacieut number OF then TO insn.e TO
her fair trial on such issue Lastly she says sdsn
fsyrsst at before the time OF the fng Of his libel
wall kne- the matters Of l~ct IA this complaint Alleged
and was fuay persuaded that the sad plaintiff ras not
guilty OF tss charges contained IN his said hsi any
Of them and also that he could net give eydeace 81
such Charge OF any "a them unss by witses'es -so
would therein testify uptruly. snd who ~ creSae
witnesses, easily prsducbe In New Y ork on the part
otbsr the ssid plaintiff but not produehle in fhia
dsphA could be sither effectnaly oontzadoted In re-
spset TO the matters Of her be By them
TESTIFIED 70, or shown TO be unworthy Of credit
rem bad eharaetsr for truth and veraey or other valid
snd causes and he With ths express design
and intent By undue deprive her % fair trial
on his chsrgs 20 evsde such just contradiction or i'm
o. his int nded witnesses and SO embarrass
her In her defence agsins his charged and TO render
hnpractcabls for her 20 produce her witnesses upon
the trial has srtfnlly and fraudulsnily set mp aud
pretended contrary 10 the fact IN bic libel and othsT
vice hat he IL eitisen and resident OF the state Of
Pennsylvania. and did select for tho commencement
and prosecution Of his suit the court In Phadphia
Instead OF commencing the In some court In the
state New York he would have done bat for the
! cause and motives on his part aforesaid
| Upon The decision Of Judge Edmonds and on tbs
granting OF the injunction, v vas deeresd that
| any persoa or p.rsons within this State
| sbsl act a. q comuissioner 10 take testimony
In the Philadelphia suit seton In such Injunction
mentioned; OF shan give testimony IN sueh Phnsdel
phis suit OF action within this state OF shall esv,
this state for the purpose Of SWING testimony In suct
SETON OF shall IN sny vsy sid Or assist IN proseeutnl
such suit ~ actiop, tuch person persons shall b
procss isd against In the Supreme Court OF this Stat
for eontemrt Of the tsid injunction