The New York herald., 1851-07-15
The FORREST DIVORCE CASE.


Before Ghisf Justice Oakley.
JuLy f4--ES%H Forrest v'. Caiharine n Eorrss', :.
rsoved for an order compelling the plsiptla 70 dscou
tAue hs proceedings In the Court Of ConifS1 Pleas
Ph&adelphia before requiring the defendant 70 answer
in the suit instuted bJ him In this Court TO procure
divorce from hsr on the ground Of sdultery Yhe fol
lowing the n,tice and sidavit onwhich Mr. CUonor
made Ms rnotioE:-
vin FoYresf-To Van Buren and Robinson, Esquires-
Gentemsn-On sMdhvit, of which tr,,e copy is row
to sso
you and u,o the plegdngs ords1s and aayits which
have been made and used in the o.ion of Ctharine
Forrest sgaiast Edwin Fsrst In tails Court, snd upon
the complaint IN this aJtion, intend to this
Court ut special term tSereo to be holden at the City
Hall of the citrof New YerA on satrsuay next at 10
O'Clock in the forenoon at tho opening Of the Court on
that day, for ye order in this action, that az pro
ceedngs thep part Of the plaintiff in this actics be
stayed until the ssd plaintiff sha ~ be enter Of
record in the Court Of Commo Pleas the city end
county Of Philal6phia an order in d1e form, &c
absolutely discont;nuink and dismissins- from and
out Of that court his alleged libel suit therein
against the Catharne Forrest a,d that the
defendant be allowed sn days to the complaint
in this action after the service upon her attorneys in this
action Of copy Of sucE csder certified by the Clerk
Prothonotary Of said Court Of Common Pless and
that the said defendant nay have such other rslie
such further relief both in the premises as tfe
1851 ~ Yours, &C., ' MowIANS & &c; CHASE ="
Defendants Attorne ~
Cdtharins ~ Forrest, Def .eGnt at tie suit Of Elssin
L%,ea.-City and County CT New York Is -Cathssine
N Forrest, the defendant iys' this action, being duy
sworn says-That she hath never been guilty of any
inchaste conduct, or infdelsS to her Husband; ara
that the charges contained in s complaint In this ac.
ton, wholly unfounded sue further says that an.
nexed are copies Of the proceedings had in certain
aeton prosecuted by her against e said Edwin Forrest
In action in the Supreme Court of this State with the
view among other things Of enoinn him from prosecute
ing certain pretended suit and hbel filed by him in
the Court Of Common Pleas for the city aud county
Phlaaelpha; and also copies of her complaint in
tain action for absolute divorce by her
tins court and OF the answer and reply therein and Of
afhdayits which have been used in the last named
ton, ~ well on motion by this deponent for special
jury as on motion by the said Edwin Forrest to post
the trial Of said last mentioned action Aud this
deponent says information and belief that the said
Edwin Forrest claims that his said pretended suit OF
libel, hath been duly ced in the Court of
therein; and she Is advised and believes that due
gard to her rights in this action and justice in the pre-
misses require that the said plaintiff should be compelled
formally and absolutely to dismiss and discontinue OF
record hh said pretended suit libel in the said
had in this action She further says has not
yet answered the complaint in this action and is very
desrous Of answering the same at once but is advised
that she should withhold such answer until the said
pretended suit libel is formally and absolutely dis
missed and discontinued as aforesaid.
CATIIARINE NJ FORREST
Sworn before me- this 9TH day Of July, 1851.
IRVING PARIS. Commissio ner Of Deeds
Mr. Van Buren opposed the motion an affidavit of
which the following Is copy
Edscin Forrssagt. Catherine ~ FresCity and County
VI
duly sworn says that about the first day Of May
l849 in consequence Of discovery by this deponent Of
which excited his suspicious OF the inn
deity OF the defendant he consrai ned to separate
from her That deponent had previously disclosed
her the evidences of such ndety and announced that
they must separate to which she assented That such
separation he made to her allowance of fifteen hun
dred dollars being nearly half Of his available
income and shortly afterwards removed to the city of
Phs delpha where he has since resided That at the
time Of 20 removing he had no thought Intention Of
taking any proceedings to procure divorce from his
ing TO out Of this State To obtain divorce he de-
sired It, That having children, and his family havn,
he had occupied being rented the first day of May he
removed In good faith to house owned by him In Pha
which had been occupied by his mother and ssters
during thellfetme Of his mother and since her death
by his tbroc sisters up to this time. That he oc
cupied bedroom and library in said house, and
kept there his clothing most Of his papers, and other
tcles which required for daily use that he ate and
slept frequently and for many days continuously at sail
house and then and ever since been and now H.
his only residence and home That he has frequently since
that time shade visits to the city Of New York where
large portion q his property Isl and also TO his premises
at fonth in westcheter county which he has been
and still Is erecting large dwelling house That said
depopent removed to Philadelphia, and is of course,
vaueess until completed that he has been endeavorng
to complete the and the grounds about It, but that
said dwelling house has been completed fur
nished nor has this deponent slept taken but
one meal therein. That when at Fonthi night,
this dcponent occupies a small farm house upon the
premises In which he has articles offurniture
hcent to enable him to eat and sleep upon the premses
That this deponent has ntentionaly made the
premises at fonthill his residence, has either Of
his sisters. who compose his family visited
seen the same TO his knowledge nor does he own
has he since June, 1si9 been the Of furnished
dwelling house in the state Of New York which he il at
liberty to occupy residence except the farm house
at fonthi such he has described can legally be
regarded That this deponent in the fall of lsI9 voted
in the town Of Yonkers at the general election, under
the impression that owning r,el estate In the county Of
weetchester he had right to vote and his
clallpp cod. his attention not until long
subsequently called TO the fact that he had voted with
out legal right TO do That being desrou OF saving
bis said wife from The sLare and scandal OF public ex
poeure Of Der sd conduct. he preserved absolute
silence a. 10 the cnuses Il their separation, until
December following; when finding that mkrepre3enta
tions which he believes TO have proceeded from her,
made TO the OF her separation, and the
blame thereof was attempted to be cast upon him he
felt himself compelled TO apply to the Iegislatnre
Of Pennsylvania 10 obtain divorce. That this
application resulted in the passing Of Law giving
to the Court Of that State Jurisdiction Of his and
In about the month Of August following he instituted
his suit against the defendant for that purpe In the
Court Of Common Pleas of the county Of Philadelphia
that afterwards In the month Of September while In .he
city OF New York he served With summons in two
suits instituted by the defendant against dsponent In
the Supreme Court Of this state thereof for limited
separation the ground of abandonment aud cruelty
and the other for absolute divorce That the said
first suit was also instituted for the further purPoe Of
obtaining perpetual injunction against daponents pro-
ceeding 90 obtain divorce from HIS said wifi Ia any
other state than the state Of New York That in said
first suit writ Of obtained against deponent
and he held 10 bail In the Of ten thousand dol
lars and an injunction to him from parting with
his property and also TO restrain him FROM going into
any place where his said wife and from attempting
her out Of the State Of New York which said
writ and injunctions except In the respect hesenater
mentioned were, motion set aside by the Court on
the ground that there fact, or cireumstance
proved by the defendant 10 furnish ground for eithe
that this Opponent put In TO the DEFENDANTS
complaint In the Supreme Court In her suit or divorce
the coming In Of which said defendant contin0ea
her said suit and paid this deponents oests that the
molten made TO dissolve the injunction which restrained
the proceedings Of this deponent In Pennsylvania was de-
MED by the judge who granted said Injunction and depo
nent appealed from such refusal 20 the General Tern OF the
Supreme Court but such appeal has not yetb argued
That suit has also been commenced BY yd dsiendsnt
against this deponent. In this court SINGS the icont
pusnce of her said suit In the Surrewe Court for
divorce which r. at issue; theA in said at men
toned suit defendant during the nonth - May last,
moved for struck jury, and this poocnt moved for
commission u examine Anna Flow wtre residing in
the city tf New Orleans, which S motion resisted
by the said defendant and u damed by said defen-
dsnt that such motion shocss he gran,ed Of the
terms 81 granting the sh9e Ia be the restraining
t deponent from arguing al motioo in the Supreme
nsrt unth the said issue " the salt In this court
ssould be reached In octea4r next. That his Honor