The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-22
Before Judge Duer.

Inc fouowin8 are the afndavits which read by
counsel on the application before Judge Duer onsatur-
day Last for special jury in the approaching suit
divorce instituted by Mrs Forrest against her husband
On Tuesday the Judge said he would defer his decision
for further argument which is to take place on Saturday
MRS. FORESTS AFFIDAVIT.
CITY and County Of Nes0 York, ss.-Cstharine N For
rest plaintiff In this action being sworn says that the
defendant in this action il by profession ragedan
has followed his said profession public performer
r N n cy and Tnsr part. o. the United
England, and ever since about year after said mar
riage has resided in the city Of New York. that he first
charged her with crminslty in Deoeb Of that year
That BE- then pretended to have become resident Of
Philadelphia, and applied to the Legislature Of Pennsyl
he spent nearly whole session Of the Legislature Of
Pennsylvania at the capital Of said state enforcing his
eaid application but failed therein That months
thereafter he filed libel against her in court in Phi
adelpha, claiming divorce the ground Of infdety
State Of Pennsylvania That she wholly declined APP
pear to said libel and prosecuted against said defendant
action In the Supreme Court Of this State charging
amongst other things said PennsyvanA suit to be .
fraudulent attempt to embarrass her defence by chang
ing the venue In such TO expose her to un
vorable influences and deprive her Of fair trial That
in her said action the Supreme Court Of this State
ehe hath obtained preliminary injunction against said
Philadelphia action, which, upon motion by said de-
PENDANT to dissolve tho same and full hearing am
dsvit has bct retained in respect to the said fhade
pha suit That issue was Joined In this action about tho
nation and belief that exparte and untrue oeposi
lions Of two three witnesses charging this deponent
said defendant for the said Pennsylvsnia Legisa-
ture were, by his agency or procurement printed In
pamphlet form and extensively circulated in this city
and in other parts Of the country. She further In
like manner says, that a lengthy afndavt Of the
said defendant, prepared by him for the purpose Of
moving to dissolve the said was ~ his agency
and procurement printed in public newspaper In this
city Of very extensive circulation before the said ala
davt read in Court could have boon obtained for
hxt vprp
his associates She says that said afdavt charges her
with great variety Of gross crimes and vices, and IL
not true in any particular in which 1t mpesehes this
deponont She further says on information and belief
that Andrew Stevens intimate associate OF said
defendant and in whose society he spends large part Of
smost every has been in the habit since the
1S4o Of assaing this deponent and her sister who
sides with her in newspapers in this city referring
stanty to and alleged astounding Developments
against this deponcnt in respect to her legal controversy
with her husband and endeayorng to and poi
son the public mind against this deponen In respect to
the matters In controversy in this action, and In like
methods eDdsavorng to keep the public mind impressed
with the belief that she guilty of all that has
untruiy said by her husband, and BY his unla~fuipro
curemcnt charged against her And she says she has
good TO believe and does believe that
said as Of said Stevens with the knowledge and sp
prova and by tho procurement Of the said defendant
Che further that the trial Of action of assault
brought against the said defendant hath been
ut the present term Of this Court and defended BY the
said defendant, she is informed and believes mainly
the pretenco that he suspected the said party
Of having seduced this dcponent which prctenoc Is
wholly grouniess and known to be by the said de-
tendsn but which prctcncc she verify believesthe de-
PENDANT will endeavor to uphold and sustain by every
species Of fisehood and indirecton. This deponent
rays that the said defendant Is of large fortune
that he hath ceased since about the Of lS49
practice his profession, and with numerous agents and
retaners devotes his whole time and attention tho
effort which be king break and destroy this
deponent athough he has never shown any disposition
or ne0ticn 70 prosecute her for her alleged misc
In the courts 81 this state She further says that from
tho facts AID circumstances Of the she fully
suade and verify believer that the said defendant never
entertained the belief the slightest suspicion that She
this deponcnt- had violated tho modcsty and purity
en.oined ey her marriage vow. IN any degree, how
prosecuted by him in III Filth, and With upon his part
perfect consciousness Of their injustice She further
that In her legal controversies with the defendant
hsrente.ore referred TO, he hath untruly to q
number Of ala ged fsei which she has dproved by his
own previously sworn Statements in writing BY the pub
lie records Of this state and BY the oAhs Of credible wit
nesss who in we connected With this eponent
or the matters in controversy between her and the said
defendant She further says, that FROM the extensive
nauercF Of the said defendant, his SCENTS
sB1 ample means to reward their services his aforesaid
caortS sir, sy made By Indirect means to deprive her
Of fair trial and the absorbing interest which he takes
n working cut that result abe firmly believes tbs. 1t will
b exuemy difficult 10 obtain fair and impartial trial
IN thi saon. She has doubt that osnissaries viii lie
employed 10 approach ana influence Any jury that may
- called Ia this action provided any single person
ton. may happen - h. susceptible Of influence Aud
sac, ths Gcpopcnt. u Therefore advised 10 pray that
pccisi jury may he struck according 70 the statute in
taal t+E al made, Tor The trial IN his setcn.
svpra 10, May H. issI, before me
Z. b. WHEELER, Ccm'r OF Deeds
Mp. EoERxsT's AFFIDAVIT.
Cry crS Cotnty Al Nr-r Tork, sg-Edwir Forrest the
tfef ia ut being sy-That he aeEsrcd from the
rid Cstasrine hi wife in the latter part II April 1912
N pur-vsnce Of csmsat previously made between
htr and sail depontpt. 1ha: such arrangement
made in coma quencc 9! certain mstters having, aJsnua
~, lss9. a. the knowledge Uf deponrnt from
vhiSh be wa. brought 10 the conyio,ion thai
Ls aid wife had been guilty a. unchastoaess.
That deporsnt bad In Janua, 1872 charged her per-
.Fm1.x spgl -
eul >-lueny made under . promise frou defendant to
nycsi the thcie,f such prCrnic faith
fully ksPt D. dtyonens Until December. isso when he
ind that IN charged by the plaintiff, and her
III nds with having been The guilty of such pcpa.
ration that carly In juno, 1917 no removed 10 phsdc
pAs, snd btvhme resident of that state but without
So intention, a. tho time ho charged hs residence
20 institute any proceei inxs for divorce with ssy
1teriT object than at the pnoe OF h birth srd former
which consisted Of biz three unmarried isers .sd his
cnly near relatives 4hat b., hous. n the state a New
consuet q Ill said vifs and being ohides Ee took up
biz rsdcncs In the aid city % FLiladepbi. 9TH the In
hat hn aid change q rpstcrce not pretence,
= untFiy alleged in the and, vt a the plaintiff; that no
~ tincc h. -apasIton from aid vito made her a.
cv q iftct hundred dollars payable quarter
> in advance. which sun + nearly hs-f Ct BIZ cutire
AVAILABLE income And he further denit. that be spsnt
Cary Whole session n he Irviature u Pennsylvania.
Il tic carai n aid stat enforcing h Appicslon for
dscsce, although y = true Us he remained there for
solte es Tor thar u,irB0s Aud arno~ mt fgther th
hat although The plaintiff cd commerce her seton
sahs- q pouon IL The pTt Court a this state ohar,
rg soag ctsr ttinsst the salt in-titateI by Dope
o. % IN Ptnnsyvsaa for dyofce o frsudulsnt at-
npt 90 tlarr hIr defence that this doponent bath
under Csth drni8d 81 the stcrai sile rstions her
ienrain ~ thst suit and bath ovn that The aid init
~ ncfh ~ CO onent was " instituted upon the To-
aloa q tie plaintiff contained IN htr memcral to the
= p, lvtEia Legislature. That dspcnsnt hss been |
uEtus 90 proceed ia his sid suit III phiadt phu bat
IA be,a tlwsfted ard delayed therein ~ suEcion
baiDed ~ the Iisntd 10 cult In Che supreme Court |
4 this State bill aiei hy her to procure chance al
Fn - II fNaf 9TH ~