The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-26

had actually LET, Ne. York for New Orleans The de-
act Of adultery between Mrs Forrest and Capt How
ard, and the further fact appears that fhe is ad-
vertiscd for, and is found by Mr.. Forrest, while at
the same time she is in correspondence with Mrs.
The affidavit Of Mrs Forrest charges that Ann
Flower was guilty Of adultery with one Of her servants
Captain Howard is the father Of her child and another
affidavit states that Captain Howard gave her 500 to
settle it, During all this time Mrs. Forrest
pend, her intimacy with either Of them Ann calls on
Mrs Forrest in New Orleans in ls4s and corresponds
with her in 1850 in New York Where then Is the coli
usiop, is il between Ann Flower and Mrs Forrest
between Mr. and this girl. As to the charge Of
delay there has instant Of delay the part
Of the up to yesterday There has been
motion in the suit called that he was not ready oub
Of court hours between them in the morning and IN the
Afternoon or at any other time Now. the other side
said they were ready yet in few minutes Mr. oConor
will make motion before the court for commission tc'
examine Mr. Forney and then he has to get his special
jury There there fore strong grounds in any event
for uTposing even if the defendant did not make this
AS to the Of Willis against Forrest suggestion
has been thrown out in the affidavit that there
What ARE the facts! That on for trial. the
plaintiff went through his and the counsel (Mr
O'C) said he attending to it, to watch that the
virtue of Mrs Forrest should not be assailed.
Dir OConor denied that he had said So
Mr. Van Buren, contended that he had. Counsel then
alluded to the eminent counsel Messrs D. Cutting;
and Sas dcrd who were also engaged on bchlfof Mrs
Forrest though he did not pretend to designate the
from whence her expenses are derived He sub
mted that it unreasonable that Mr. Forrest should
be asked to allow any further expenses he had given
her 81 500 year. which half his available income
and 10 his in Wescheser that Of the
why his income diminished he having expended
large Of money that establishment, which he
expected TO be home and where he hoped to enjoy do
mestic happiness; but he is resident Of Penn
sylvania with his sisters Afser further remarks
upon the facts Of the case Mr.. Van Buren, submitted
that the only proceeding pending in which Mr..
Forrest could get divorce from his wife that suit
in PeDDsyl yania.
The .udgc-You could institute a suit here against
Mrs Forrest and the Court could give permission to-
have both tried at once.
Mr.. OConor-We would join issue
Mr.. Van Buren-Mr. Forrest has brought his suit in
Pennsylvania, in the State where he born. of
which he is now resident, and he did not think New
York had any right to the fee simple Of the He
therefore submitted that there indulgence asked
for and that notwithstanding Mrs Forests oath in the
that there witness of hers in Philadelphia
Mr. OConor is now going to apply for commission to
examine MIR. Forney there.
Mr. OConor said that he had discovered those facts
since that affidavit made.
An application was then made. by Mr.. OConor for O.
commission to examine Mr. Forney, which not op-
posed by Mr.. Van Bur and therefore, granted
The Court announced that in the of the applica
ton for the commission to examine Ann Flower
marked that If the commission would delay the trial till
October he should not the order for the struck jury
until that trial term