New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-05-26
THE FORREST DIVORCE CASE.

CciIcr1e u Fore1' - Ellcn F0r

SUPERIOR COU6T-srrciAl TYRx
Before Juds DuEE.
CcficuHc y. Forrest S-t Eir.R Forrest
-0u ,1a m.t'r oT ',e pa9a 90. in .ae SSH .Jr d
vr.~r m 'a,s case. fora struck cr srt-ah Jury 20
nv ihe ts.1sd issue. in>;sii OF a. ordinary -ury,
Ilt.r ID rtrs'trtsf -'>p, .l 81 l.gh lc CONSIDER
ei fhs, ile Ccur' has power o. or-'- special urT.
-,f ~ Goes ~o' consider 81 % case Is necessary.
Is p ,.,,.l -i base iir tr. .t-ic' Pal "a by plala-
81 Whsn ~ ihe eltai. - srcr.F ioi idf ana I'M
-srt, ma. - -f-r $50. rIrl 2f> 'tea 'itI n nc
-r,l.iy influenced taToggl -.c Eo,'t, IT, iils - 'he
a. utr. nh.h rssr Appeared I in" pubic p3prfs,
ye' the parties whom is ccn-cn0 .'i ~ l,is no
tcc tc ec.clt Up i--cr>. w.. ,.r14clF nave toch
more lAe.y as tciy. CD have real he A'coihS
o d ,' ena> ..sAn those elected in-llr Ordinary
Nal-,t DIES whiCia without >rr2,,-ins hl. Ci.hcg %
The ra--..> 20 ,, ease svc.l ~. r: 10 90 So ;Acrc u
hazard. W.crt pArttc, become as. caiutnt WIKI a
'know 'e'gc oi those Wo ere % - thr Jury IA At
tempt io influence lc jurors 0y some AIS or oiher
CUGc- o. themselves os t.se.-a tt.Cnts Iac mode
n s,-lurs f AS 8,kci ior - ilr t1c Ci,fN tn ~
iect - mrorS ans The parties strike III 2A leaving "a
for the ouJ. / he>e -, lAus Known before hand.
WCC.t 20 ..o.r GAC Is. as -t->ral p4..cq.c, - be
reachcl throU1h influence. than regular panel 81 -
or leo l1rufS ffour which ~ call my 10y the ease
The Court nct cCrSi CrCS therefore t1at more I'M
partial JAY would be Acy 80 D. obtained IN this Nay
thaa ~ an Ordinary JUl, there does not appear Ia oe
necessity or the change, ana Gre rioiOn m tan. re-
spcct must - denied
But there IS a mode 81 striking luFy, 70 Which, Al
the parties slu assent. al opivr WI ~ mtie W.
Ngf ~ ~fftfFg fffrNfN. t'f li,Nff " ~
Ne struck. and they be selected bv the Commissioner
OF Jurors. ,whO Knows more about them than iae
(lCrkl IN presence ol he Judge ot thus tourt-and
the cheek to We made by he Commissioner under the
direction ~ the Judgc-ihcr each party have power
20 strike out 800 "a have 60 instead Of ~ from
which to call TIE Jury II each ptrtv Will consent
order To that effect Will ee made hat we doubt n
we have power 90 make Il unless both consent
Mr.. OCOlor agreed 10 Il on behalf 81 Mrs for-
rest. and Nr Van Buren, ahrr consulting with Mr.
rorreS who was present, did 50 on ocaal' 81 the
latter.
The Judge said the Commissioner could attend
some tine next wees, when tae >e.e ctlon viii be
made, unless delay should he allowed on account OF
the motion FOR commissions.
On the other notions for commissions Ia take the
depO>t tons ot witnesses Nr Van rcht m anna
~ of Mr. +, saving maj me testimony o. MIS-
Anna Flower. 90 New Orleans IL ne, essay 10 his
defense, b. .hch Ne experts Ia prove npnhniiaty
ON the part of nuntif that >al Anna T. came 20
Newly 0rk Is a witness, ana remained thGCc days,
but the trial not coming on. returned - New-Or-
leans. " lth promise immediately 10 come here On
being telegraphed 90 that effect thN IN view Oi Tins
case coming On, uouce was gwen 10 her, but she
sent word that m consequence of AVlng a young
family one OF them au infant Ia lake care 81, she
cannot do 50 Motion Is therefore sSSed for 4 com.
mission and nc necessary time. rneTc IS motion,
Mr.. Van Il. said on behalf OF Mrs , for a commS-
sion 20 take the testimony ~ gentleman IN Phlls"
delpha, wmch they have no objection 10.
In opposition 10 the notion Mr. VC ,eai an aihda-
vii OF Mrs l. WHY The case should proceed,
that AN action between y 7 Willis and Forrest was
proper conduct was alleged between said Willis AMI
plaintiff and that nO objection had been taken IN
peadngS, there was an appearance that the question
now pendnc ~ far as regarded SAID Willis, was To
be tired m that suit which she u no, party and
that said lrl between W. and :. has been set down
for an early day thst the Anna Flower spoken ~ IN
the motion by deiersc was. before her marriage An
ma Dempsey, and ayod IN the house OF Mr.. and Mrs
F. as servant III Is charged that she has AN iie-
ultimate child m NewNork, an asserted seduction by
a gentleman visiting MIR rs house, but subsequently
denlcd Il rs 10 HIM Il was also said she was known
10 have acted with improperly AS respected young
man, or lad, also . servant IN the house and u IL
claimed hat her testimony IS not entitled To cTedII
On a charge preferred by her againS, the gentleman
alluded Ia, the attorney OF The gentleman gave
her a certain sum, she saying she could get
passage free from captain gong 10 New orleans,
and she went thsTe IL Is also charged that deien'
dant caused her u come Ia this city the time she Is
spoken of AS being here a witness ana PAID her
expenses and that lodgings procured for her a.
l42 Mercer-St. Sho was here more than three days
or three weekSthat she wrote, on that visit, twice
to plaintiff, Mr.. F) saying she had something very
important 10 communicate, and asking planun 10
cali and her but plaintiff took no notice 0i her iet'
tiers plaintiff further AYERS she understands u thiS
commission Is allowed, the defendant, (Mr. y m
tends personally 10 go TO New Orleans and superin-
tend the taking of her testimony plaintiff claims
that # the commission ~ allowed, plalntlh should
also be permitted to go TO New Orleans accompanied
by some female companion, and also attend tho
taking of said testimony. and aS she Is without
MEANS that defendant be required 10 allow her sui
hcent for that purpose. Mr.. Van b. rose to. read
General Term. The case to be resumed In theGAter-