The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-14

Clark here entered into statement of Mr.. Warmers
esriy desertion Of bis wife, 40 40 the torpedo affair
familiar TO render its repetition supsrsrogant and
tedous.l He oontinued:-a suit for divorce Was
adultery but qusned the admission by ststsmsnts OF
bis liberality to his family Aterth dssgreemsnt Of
the conclusion that his usefulness 10 the and OF his
adoption was 1t and and he determined from that
time 70 leave the country fsst which counsel con.
towards warner In the relation which Warner prev-
ously stood towards him, namely. his CONFIDENTIAL
The Court remarked that the fact that DR. MofAt
knew Warner going 10 not denied; the only quss-
msnt obtained under suoh circamstsnoes
Mr. Clark The allegation Of fraud then, Is cut Of
The Court.-oert.inly; by Mr. Moass's answer, he
expressly denies that. Up t't
Mr. CLARK said he thought II ever person admitted
knowledge OF fraud in his affidavit, 1t admitted
here BY Doctor Monst; end he (Mr o. was obliged to
the counsel for Doctor Mo1st Tor being 80 candid
Mr.. Brady you hadn't been in the Drury case
matter Qaughter)
Mr.. Clark continued 70 say tia. 1t was soma
by Warner to MeHst, the creditor named are
One-Eyed Thompson and Miss Busby, Warmers
iOrmsr ward and suSssausns mistress La the
tsnoed that oneEyed Thorn pson never left arnsrs
hands any such sum Of money, and that Miss Busby,
who was poor child whom he first adopted and thsn
seduced could not have been creditor for $500 He
Mr. Clark would ask the Court from its knowledge of
m.nkind was Il probable that Mr. Moess would lend
sum Of IS 6o0 There 70 strong ground, thereforsfor
suspecting that Warner and ModAt celluded for tn.
purpose Of Aiding Warner to collect his assets
the purpose OF defrsuding his wife. Warner collects
his coed d. bts-hr. Monst paid him. and his was q
good debt he ssssns bis bad debts and thea CON
that no sane man would have given the money under
such circumstanoes These sums we're not due to
Thompson or Miss busby, and the lawful debts which
Warner did owe not included In the assignment
and therefore the assignment Is fraudulent and void
NO jury would lend them selves to the scheme which
was coneocted between Warner and Moffat for the
pprpose Of der auding this woman, and adding the
wrongs In rcted on her for period of over twenty
years Counsel slso submitted that Montt not in
position TO lend such sum OF money aud it Is not
1t ell i'm probsbe that II did lend the money Warner
might have handed Is to Most tor that purpose few
minutes before. The supplemental bill also charges
that DR. Mofat could not have been able TO advance
this sum Of money ss his house and urnitare In Union
square mortgaged up 10 one hundred aud thirty
nine thousand dollars and that he unable pay
Bouiooin for furnishpg Tho said house Mr. Clark
submitted that the In the hands of the sheriff
the proceeds OF the saeis subject to the decision of
the judge In the present application for receiver over
eSnda Mo il ouns in re house from rhsh tho
re had been driven and from which the husband had
ned, and what right had be there, What right had hs
20 take Possession He had but lien ON the estate
lie Sr o. therefore contended that frsm the time OF
the commencement OF mrs Warmers suit she obtained
. divorce against her husband. whether judgment
hAudui.ntly obtained can defeat that suit! Ths de-
Gree In that tuit sdjudges $500 per annum TO Mrs
Warner the property Is City Hall Place. and Dr.
Aoiat asserts that the property Is not suf,ien TO
satisfy the Judgment tor 5000, and thereby dsprves
Mrs Warner Il the benefit OF her suit Council there
fore asked leave TO nle the supplemental plant
aud that receiver be apPointed
Mr. Brady In reply, uad that 1t vas com petent for
wife he Wing com mebcsd . suh for divorce TO bring
another action TO prevent the disposal of the property
until the suit was settled, but Mrs Warner Md not
done 80 She is not n cfeditcr unless she 10 90 by
virtue OF n decree since thn commencement OF this
suit; hefor. that she not q crsaitor though she
might have bad moral right upon him Tor support.
IL ts judgment creditor alone ask court to
set aside copvsyapce, aud he lhr u asked counsel
on the other side to produce an authority where It -
establrhes that person ~hc has commenced a suit
eek for injunction on the mere probability OF
their succeeding IN their suit lie (Nr Brady sym
pathired With Mr. CLARK, Ter being deprived Of the
pleasure Of speaking 90 the last tri. Of Mr. Drury In
consequence of the decision 10 which the jury had
come before the terminstion ~ the evidnce bus he
vas determined however 90 give thir benefit
OF it Qeuphterl-sp accordingly, had the speech
which should have been delivered on former
az arpertion has been csst upon Me-. Warner aud
Doctor Morat His (Mr. Brsdy's) opinion Il, that
" Mr.. Clark had ssid more aosut hts client on
that occssion, and lees shout dr Warner. DTury
vsuld have bees acquitted on the nft trial as
he was Justly acquitted on tbs lat In the present
motion Mr. Brsdy appealed 20 thu law; he did not de-
pend upon the expression OF those high moral feelings
which only % be foundu the speeches flasyer.
aud seldom In the Affairs OF life Ne ask-d having
he IL wer,d Ne; because the 81 has claim Of
$500 yesi - There is nothing TO sustain that claim
In law all he could discover In this IL
w0msS says, Il have eommtneed suit against my
hubbard anticipate getting decree In all prubA
hfity n got "a the court ~il give an order against
this real eriaten But this VA only tesult prayed
mr. and Rntici sted; and instead Of commencing
suit Ia prevent his disposal OF the property, she
con nene'. this NV suit TO restrain TIE disposition
under the statute, have commenced suit 20 restrain
her hu,band from dispo~ing Of his propsry bat she
did net do go he (Mr Brady NouJ Ike 60 knos shsrs
ir The law TO prevent him making What dspositon Of
he pl.sssd The counsel the other sids charged
M "sfnsr Win s,sy hi1s .hs, vas se..iSs s,n
msbdm-nts; and he also in1uls-d In sonsiiera
bic inseetive against Mr. drtiat but In al
the tfsnsHe ions with shieh h. hsd ben charged had
Ar Nasner besn proved guilty OF any thins wosthy
excsDt IN the sFsirs % wome0l hsa any man la the
con muniy sv,r charged him Nth dishonorsole at
In bis profession has he been denounced IN tsrm OF
wholesale condt rnaton By any one except indeed, In
the somsvhs over-r,uoos aud vintictse feelings 81
the learned sentsmau a. hs other sds' Nothing has
sysr be- discioued except 10 an-irs Of Somen lilo
thr htsdyl ~ss not there "a defend Mr. WR;nsr, bus
be would cay happy are they Who have not been a.
teettd Lsushtsr) Ire would not vi the prOfsssioa
e. which IA belonged &c b. opsn 10 Investigations
snsrs pthl nature iest there NIGH b. uccs hOnaliy
aet,ct.d s.m- zach thirgs ~ y appears WEasr ha.
been opposed guilty " several times. fhs learned
couufd bere snierso Into eloquent defence n DC
Mcfst md ~ the proisssionsi Character Of NJ War
IerI Nj. Brady continued to ssy thas Mr. hoHst
tsd be'n spoken Of in nrnsssured terms e-csuss of
n part hs had acted towards Mr. Warner; bit ne.
Mr.. d bslisved that the oHisss Of red iriendshP
never beg.n until tbs bour u sFsrtty arrived Wa
Doctor MoE-t to BE- eend.u.ned teosa.e be All 1ot
turn hrs bach upon Mr. WArnsr ~hsn others md de-
ssrt,e Ll%i u be tdr . hsi ne N an. he Soed
hip towards Mr. wsrner aud ron esrly Prof-'sional
socisicus TO have inside the very ssas aavaoee. 70
him. ~ 10 pofFibls thst f far more hpuofaois
Tor VI Nofat 20 have stood ~ BIZ irirud In me
hour Of adversely when every zoe she had deserted
him thsn 4 he hsd refused 20 ia HIM 10 b. ss9fn
by Mr. Mofst that M Warner declared his iutsntton
10 make suitable provioH Cor this womsn. ADD " -
be intention 70 doso bad % ,. new iasa ihst e.o
Tho v def ndsnt IN divorce suf csnuut rtse
ucusy on his properly, or csnnot remove f"'n me
tate ~hsp there ~ no sssef agsinst hfmt " hs
Ilessss The husband has perfect r.ght te nprt9F
nfcney W be chooses and % ave iriEment f1r tne
niou'y tho; b. bofruvs Hr nglty then denied "a.
ttsrc Wee any truth ~ The allr ALTON o Doctor hoat
bling emtarrafesd. A. 20 tn ~ 1rtgafes he haf 20
perry and men ~ properly oftsn ohiiged 70 b'r
ror money 20 meet pecnniary demands. Eh~f mfnl
80 ven say ttst the United stsfes Vere embtfrass-i
% tbst be city % New YorE va insoirert
hr thfk.-I made the statement b Ha1s TIE IN
probability sfDr Moifst hsiug sbis 70 make ne Al
~ Brady.-Ths payment 4 sgcrn 70 ~ Mr. hons
eiefk asd she ctaeks ere "a existence ant he We
FHIt n Z Nsfs INT IA