The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-20

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Second In that it alleges that the brother of the
said plaintiff, one Richard Willis was on certain
occasions therein referred to, at the house of the
defendant, in pursuance of the invitation of the de-
PENDANT whereas, on the contrary, such invi-
tation ever given, and the defendant never in
his life, TO his knowledge or belief, saw the said
Richard Willis.
Third. In that it alleges that this defendant took
especial pains TO bespeak for one George w. jamie
son, an actor, the especial attention and civilities
of defendants wife; whereas, this defendant never
admitted the said Jameson to his friendship or
confidence, nor desired him to receive that of the
defendants wife, and had only such intercourse
with him as arose from compassion, and desire
to advance his professional interests
Fourth. In that it further alleges that this de-
fendant engaged the said jamie son to accompany
him on professional tour through the Western
States, and thereby made him a travelling COM
panion for the defendant and his wife, for nearly
| two months; whereas, the said Jameson did not,
at the time alleged, nor at any other time, travel
with this defendant for more than one week, or
thereabouts, nor on any other route than from New
Orleans TO Louisville. And the said j Jameson, at
the time of such journey, was under no profess
sonal engagement with this defendant, and had no
| other connection with him than that Of passen-
| ger in the same boat.
Fifth. In that il further alleges that the defend
ant, on the day after, discovering that the said
Jameson was admitted TO terms averred by the
defendant 10 be those of improper intimacy with
the defendants wife, invited him to dinner, and
gave him various commissions to execute; where
as, such invitation or commissions were ever
| given by this defendant.
/ Sixth. In that il alleges that the defendant was
| guilty of an absurd and contemplate, as we'll
foolish decept, in causing certain paper, called
chart of his chronological Developments, to be
nude 10 suit his taste, and in substitution for
| originally drawn; Whereas the said allegation, as
/ regards the motives and conduct OF this defendant
/ is absolutely false.
Seventh In that il alleges that the desire of the
said defendant for sep Aration from his wife
/ from difference of opinion of his said wife from
the defendant, in regard to his conduct in certain
controversy with one Macready, al English actor;
/ Whereas in truth, the defeniants wife aniformly
! entertained and expressed an entire sympathy
with him, as 10 his said conduct and as this de-
feodont is informed, and believes, censured the
said plaintiff at the time of the controversy, for not
advocating in the said Home Journal, the propnety
and justice of The course pursued BY said defendant
Eighth. In that il alleges that the main motive
Of tins defendant in taking proceedings for a di-
I VERGE from his said wife, was to effect such di-
/ vorce without supporting her thereafter, whereas
IN truth II was the expressed intention of the de-
! PENDANT 20 provide her with liberal support. And
the defendant further ayers that the said statement
I Is further incorrect and untrue in maAy other re-
| specis, both in the way of inuendoes and explicit
assertions, and was prepared, as the defendant be-
eyes, IN spirit of crafty hatred against this de-
/ fendant, not from any real desire TO defend his
wife And the said defendant further AYERS that
the off noes Of the plaintiff herenbefore mention-
/ ed, although in part committed at an early date,
have been brought to his knowledge only wIthn
the last five months, and that al the time of the
publication Of the hbels aforesaid, the defendant
l PenDsy lyana, engaged in the aforesaid application
for divorce, and did no! return till the 9th day of
April last; that he went back 10 Pennsylv AHA on
/ the 18th of the same month, and that ne iii not
see the said plaintiff between the time of the pub
hcaiion aforesaid and the time of the casiigaton
aforesaid. And the defendant ayers that the
pliinui, by nsinua;ions, ISLANDERS, and falsshoods,
deliberately spoken and written, aud other gross
misconduct hereinheiore described, has provoked
the chastsement he has received. He had falsely
Inscribed TO this defendant motives and actions
IhN hon. 10. nj IL IL
falsely Gscribed TO him Jealousy of wfe's endow-
ments and accomplishments a cause of seeking
diyoice. lie had falsely nsinuated that the
proofs submitted 70 the Legislature on the appli-
cation aforesaid, were unwouhily and corrupty
obtained, ard that the proceedings were not con-
Quoted with delcacy and honor. He had uttered
these SANDERS aud published the llbes hereinbe-
lore stated, knowing them TO be false. He had
tstranged The affections and respect OF this defend
AVIS wife, destroyed her character, and rendered
/ than DEFENDANTS home miserable. And the defend
aR AYERS that u vas under the barring sense of
wrongs Gone 10 his honor, happiness. aud charac-
ter, thai he inflicted on the plaintiff the chastise
meat herein Admitted. And ne insists that the
plaintiff Is not entitled 10 the damages demanded
IN the complaint, nor 20 any damages Whatever
from this defendant; and he respectfully asks the
judgment OF lhs Court for the defendant, with
coats, and such further reasonable allo vance
EDWIN FOREST
THToDoRE STpewrcE, Defendants Attorney.
), Van BtEEN, OF Counsel
rest. The defendant IN the above entitled cause,
being duly sworn, says that he has read the fcie-
going ana wer and knows the contents thereof, and
that the same IL true of his own know ledge except
ssto those matters which are therein stated on in
formation OF belief and as to those matters, he be-
heyes II To be true. EDwIN FORREST.
Sworn befor, me. this 10Th day or August, 1850,
CHARLES SFEAE, Commissioner OF Deeds.
Me- York Ssycrir Court. --Nathanlel p.
IriRis against Edtria F6uts.-The plaintiff
IN this action submits TO the court, that the
preiences and allegations contained IN the de-
tcndanVs answer, respecting the alleged improper
conduct Of the plaintiff are entirely irrelevant, aud
In ne manner properly responsive TO the complaint;
and that the facts alleged IN said answer are not
sufficient 60 constitute n defence 10 this action and
the plaintiff Graves the same benefit from these
objections, as they had been taken by demurrer
to said answer. And the said plaintiff, in reply TO
the answer Of the def, ndant ia this action, denies
that he fully, or at all, menied the bodily or men-
tai pain, or other III consequence, which he has
suffered, and may suffer, by Of the assault
and battery mentioned IN the complaint; and he
denies sny previous malicious conduct on his part,
pretended in said answer; and he further denies
that the BRUTAL assault aud battery stated in the
complaint, and mentioned IN said answer as I" the
occurrence therein intended 20 be described" took
piece In the manner alleged Ia said answer, but,
on the contrary, Gays that said assault and battery,
and the circumstances attending the same, are
correctly described in the complaint. The
or had reason 20 be NJ all, wounded by any all, ged
injuries done by TIE plaintiff TO his character or
peace Of mind, or that he had any jusi resentment
thcreat, when he encountered the plaintiff At the
time and place stated in the complaint he also
denies that, coming in front ~ him or before his
face, the defendant gave the blow which struck
the plaintiff to the ground but, on the contrary,
the plaintiff AYERS that the defendant APPROACHED
him from behind, in a stealthy manner, and I'M
noticed by him, and struck the said first blow on
The back Of the head and neck Of the plaintiff And
the plaintiff, on his information and belief, denies
that the said encounter was unexpected by the de-
iendant; and the plaRth further denies, that the
blows given by the defendant were entirely INSULT
cisnt 10 DO serious injury 10 the persnnos the plain.
tiff but, on the contrary, as plaintiff Il Informed
and believes, the encounter and attack had long
been premeditaied aud prepared for by the de-
icndani, with a wicked and desperate intent aud
The assault and battery were as airocisus az the
iuenqih and weapons Of the defendant would per-
nit and the iniures 10 the plaintiff inflicted thereby