The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-26
The Forrest Divorce Case.
SVrtpkp ION Ts0ryur.

Coe~t, ard he would render opinion in the matter
nov. The is certainly not an intricate one from
Tire nature Of the question: Is important to any
but the parties themselves The Court have no doubt Of
their power to grant special jury in certain cases but
they think those suits at common law and the
code not refer to suits in equity 1t great mis-
take to suppose that the distinctions between suits at
law ard proceedings in equity have been abolished by
the revised code In suits for absolute divorce the
statutes gave the Chancellor power under section thirty
statute and the code fully the Judge said that the
power Of granting special jury by the Chancellor Is
question il whether this is proper to exercise that
power There Is doubt, from the papers furnished,
lie mind the probability that there might be
difficulty in getting jury but the probability also is,
that The publications been read by that class
nom which select jury should be takea according to the
statute. The Court did not mean that gether party
would attempt to improper Influences but quite
obvious that the opportunities q exercising undue nu
would be far greater by granting the app
cation (Which is fer the County Clerk to select ~ and
each party to strike of than the jury selected
from eighty hundred and twenty persons. The
Judge said there was mode which the Court would
sugges is that instead Of the selection Of foryeght
Jurors by the County Clerk, hundred and twenty
should be selected by the Commissioner OF Jurors under
the supervision Of Judge, each party to have the priv
ge OF striking oil thirty so as to reduce the panel to
sixty lie thought that mode would increase the facility
OF obtaining special jury. The Court, however, could
not adopt this without the, consent Of the parties If
they do not CONSENT the application must be considered
at an end
Mr. oConor thought that under such order if they
consented the part of the plaintiff the Court had the
power If compelling the other side to acquesce.
MIR. Van Buren, presumed that each party did not re-
quire anything but fair and impartial trial he would
consult with his client the matter, and inform the
Court OF the result at y o'clock
Mr.. Van Buren having spoken to Mr. Forrest for few
minutes said that without waiting until the time men
toned they were ready to answer that they would agree
Inc Judge then directed MI. o'Conor TO prepare the
proper papers on which the Court would make an order
for the Commissioner to strike the jury under the
Iervison Of Judge; be Judge Duer) would attend to
it himself
Mr.. Van Buren, said he would want some little notice
OF VINO me Jurors are
MT 9 y oenor.lnat Is not lhe way 18th. a
Iudge-Ihat Is not the way The parties strike OIL
thnty pames each immediately IN Court there Is no
nCtice OF the naines TO be gwen
mr: van buien-iLeie are some other motions pend
ing for commissions in this case
mr. oConof-of course nothing can be done until We
serve you with notice Of the jury being struck.
ArrIicArIos ron A CoNMissloN MIR. Van Buren, then,
on behai Oh tue defendant IN TINS SUIT applied Tor COM
NM 70 sAaIne Ann fiower, residing m the e,ty 81
OF MT Forrest which staes that he expects TO be able TO
prove BY Ann Flower an act Of adultery committed by
Itnaahe ADVISED Dy MS counei that she Is maternal
witness ana mat without her testimony he cannot safely
20 10 tra mat on or about june last the SAID Ann
Flower having heard that her testimony would be ma
tea came on 10 this city with the consent OF her nus
h lor s1e 81 ane ,r :, TINS
III 70 VIEW vrans, nnuins lnat the cause was hos
hk 70 pe reaehed mat defendant had received let
yer IRON shh ro"tr dated on the iztn instant staung
tns enc cannot eave her pace having young bape 10
a'.nd ". .Pon .nif aaarit, Justice oanPoeu issued
Why commission should not issue and that all proceed
gs IN me case shouid cease ior thirty days DIT van
bufen Woua aud mat TINS witness Ann Flower rs one
~ me parties Win "n'h VT rorrest Is charged WIN
Lavrg 6 mm1ted adultery
Mf y sonor wished 70 oppose TINS motion and did 50
On ,c auavt q MIS- Forrest ior the purpose Q, snow
ing that was unsafe to grant commission for this wit
Iess' me sihcavt states that Ann Flower formerly
Mr. Forrest that Mrs Forrest was A. one time infrmsd
py Mrs NsNh hat there was improper conduct going on
Between Ann ana servant boy named Bernard nc
.uDe lat opponent uid not then take any notice OF y
afterwards Observed the appearance OF Ann Dempsey
taxed her WIN beng pregnant that she admitted IT,
ana saa mat capt Howard was the iather Inc amda-
18th q June an advertisement appeared in the N York
on 70 tne entet tnat mrs Ann fo~er formerly,
Hs dempsey VINO Is supposed 10 De now III the city or
its vicinity will call or send word where she may be SEEN
.. 'le enee VI ineou"re Esd 90 "au street
sne may ~ ar 9, so.hetmng 70 her advantage mr. sedg
Ven con.isfg Mr Uoohor y one o. the counsel q
Mt rorres. Inc amaavt 81 MIS- Forrest also stated
Una, conversation was overheard between Ann Flower
nv. psrss M wnicn sie sao .ns' y was no. ~ lls
W,,,s ua s pu. sns Wa SUE seausea
1919, ny, ~ aa a. ~ ~ oee,e ,ns' I.
Pu, .ne aass,.senen. IN tne frad Win view
IN sS1 w. M IA ssaren Anu ana
.nt ~ ner " .'s means Depohent Iurtnes
Dsns'ss 'nat Ann fower y person iof whom rom her
cnsiIc.er snouiu NOT pe granted
Forre,t intends to go to New Orleans, and be pre-
sent AZ the .nsmnstion o. Ann Flower; and II thus
:, , $500, ua snr ~ S s ne may ~
~ a." oeponene noney ~ ~ lneIe ~ company MIN
: 500, na' g ppJ sh ~ sne sou,.s y, W.n
y msie oouhsei ,nen reAo otner amaavns;
- = 800 -
,ba ~ Jhua pa IN, M ssP' no~a .ne
nv ~ ~. enu, anu INA. Ne nao Paa n.r sum OF
i'i -. eupp'n. -ns U'neI Nas llu anu rio~srs
s'asne va. sne emu SAs WIN ner, anu tnst
w Wy n a. NV IN ,o"e, ua M, ~. coane 70
,iI =, ss. ~ -, ., NM nr = oonol .nen
a. NJ u, NJ rra., 4; 1sao 'ne r. De-
~, r anu rs Iures. IN ioss, anu ,nst IN reoruary,
- y, M $50, 81 s. a. appn Pm. ioi auisoIee,
-. g. ~. ra. nTy, - 81 ~ on ~ my -
1911, 80 n' Ssp,. .. On .1e ~. nusa,n nI'
sihs hs pa Ter '.s J' ..s s ss. ni.a
ssra. ia r. X -. C.. W.y 49, ~. ~ s nu
p .sn ssh On - H ~. sIs rvrler leiusaI
sart.a ~ ~. ~ ' ~ eiae VIZ
a. , "a ~" ie'"i'' Which, nave oeen ~ repeas-
su, ~ Pup Is n -. .,,a, a.. ,x A.. 1890. l., - |
n,e suoss Dur vac opngeo 70 ,ea'e ,ne court IN Of
or 70 '' WIN tne oner Judges ID oenera iern on ms
feuIn, n ..
~ an .en, IN tuppoIl ~ 'ne Issuing ~ . comms
,lon iemhikea tnat the witness, Ann fio~er VINO hao
peen IN stsnoance mere as witness ~as now nnving
W come On ,o Ssw iorh ana tns matsrty o. ner eV.
enes unoouo.eo ne oiu 20, sec tnst ,he ueicnuant
cuuu nay" mhoe an Garner hpPucAuon Ior ner
uon ana he would remark, tnat any cOuuSel having