The New York herald., 1851-07-15

letn Judge Ouer stated that In case Mr F0rrest sp
Piled for decree against his wife in this State com
plsint might now be fled issue Joined, and the tw'
esses proceed together Mr. OConor sisted that for th
purpose mrs Forrest would join issue at once We nov
Inform Jon that Friday we shall be prepared &
serve complaint for this purpose and we WISH to know
MT Flower ana 80 ihss sss Is u
b taken commission In Mrs Forests suit n,ey be
respectfully, VAN BUREN 4 R0BINsON,
| 80 Wall street
This. this defcnent Is informed and believes no an
hs yet been received ~ the attorneys de-
ponent 20 said communication that the Friday men
toned ia the foregoing note one Of the attorneys of
deponens he is informed and believes rendered
this case who decline to receive the same Thas Letters
estory bsve been applied for by said defendant in the
forney a. witness for saia defendant and commisor
has also been granted Der appicssion to exarsn,
Wflism A. Hsward Of Calirsrna, and George Roberts
Of Boston her behalf and commission has also beer
granted depournts application for tRs examination
Of M, Anna Flower Of New Orleans. That after tn,
said oler to join ie in suit se be instituted by depo
nent sssinst the atsndant in this court to procure
divorce stipulation entered into by this deponen
that the argument cssid appeal should not be brought
on In the Supreme Court until after the said suit of de-
fendsnt IN this should be reached in its order
the calendar in October next and condition to that
effect the motion Of the counsel for the defendant
in this suit imposed by the court staying the
pgs for rrturn Of the commission to- examine the said
trs Flower That in January is49 dcponent discover
leetsr written 10 her by oneGeOrgeW Jameson known
the Consuelo ister which Opponents charging his
admisted she Esd received from said Jameson on or
abous the 18th day Of May, 1875 at Cinsnnati when
deponent and s'w sbons leaving Cincinnati for
Pittsbrg. That two weeks after that time, de-
ponent staying with his raid wife at the City Hotel
in Cincinnati and going Ito his private parlor he
discovered his said wife ling between TIE
said Jarsieson who was sitting sofa with his
hands upon her That after the receipt OF said let
ter she he'd kept the concea from depoDsnt and
had interviews with said Jameson and p
unbroken sations Of intimacy and friendship with him
That answer inserposed by deponent to the com
IN All nj
"a this cour, he alleged the aforementioned crcum
essnces in relation to TIE receipt OF the said letter by
the defendant from said Jameson, and her intimacy
with him That according to the Understanding OF de-
ooen Of the agreement so aforesaid acceded to by
tho said O'Conor, his complaint in this suit to
cortain only s1ch charrvs against the defendant as
contained In his said in the suit instituted
by the defendant against feponent in this court and
said somplaint SO prepared and ne issue ten
dered thereby which is not already made and pending
and undetermined in this suit. That the defend
ant has heretofore made motion in. this suit to
strike out from said complaint the charges re-
lating to the said Consuelo letter. and such mo
tion the court ty order made therein on the
5th Of July inst directed such matter to be stricken
out Of said complaint the Judge heard such motion
being of the opinion that the matters so charged in re
ton TO said Cons ueo letter such should rather
be oered in evidence the trial. than setforh in said
complaint And deponent further saith, that he does
not believe the Judge would have imposed upon depo-
nent the restraint upon his proceedings in Phad pha
condition for staying proceedings in the suit brought
by said defendant In this court. aforesaid, the said
0Copor had not declared his readiness join immediate
Issue in any suit instituted by this depouent in this
state for divorce from his said wife, the ground OF
adultery That deponens expects TO be able to prove
acts OF adultery committed by the defendant subse
to Opponents said removal to the city OF Philadelphia
which not charged in his plant in this and
which he Is advised by his counsel and believes can
not be the foundation OF decree for divorce in favor
of this dsponent against defendant this State hut
proper subjects Of reefn the suit instituted by him
Ia the state Of Pc That when this deponen
had commenced his said preceedn - before the Lessa
Of Pennsyvana the In her remonstrance
to such Legislature said -" Whenever summoned, am
ready to appear in court Of Justice and there TO ni
cate my perfect innocence that this deponent there
upon summoned the defendant in the said Court
mon Pleas, Of the city and county of Philsdephia
hei fore stated that in the complaint on which such
injunction obi aimed The det ndant stated that
person who Is or could be material witness for either
party upon any issue that could arise touching the
charges in said libel resides within the State Of
Pennsylvania and has since obtained letters rosstory
Tor the examination Of John w forDey, who then and
sti resides in Philadephis as IL above mentioned
her affidavit that he Is material witness for this de-
Torent Qhe defendant) in the prosecution Of this
soton.n That, In her said complaint IN the Supreme
Court the alleged she could not have fair trial in tho
city Of Philadelphia and that this deponens object in
proceeding in Philadelphia to deprive her of such
fair trial That the defcn Mt, her affidavit that 1t
will be extremely difficult to obtain fair and impat tial
trial in this action AID that che has doubt that
inissares viii be employed 70 approach and influence
any jury that migf be casi that may happen to be
succp;ahe Of influence" moved for struck jury in her
said action in this court. which motion denied by
the court; but suggestion having been made by the
court that fair iur, might cerairly be obtained
in mode pointes Is the court provided both par
ties assened hereto tns deponent gave such assent
but her counsel have Vet, doponent believes. neg
lected 10 avail thernse y,s of SUCH consent That ths
suit brought hsr.inb, for stated the suSges-
ton Of the court and the oner IN op"n court Of Mr..
oConor to join issue at once therein and to
Though the summons ard complain, were a. d.
poDcut l. informed and believes. served the
-eth cay i June IssI no snsNr hss, as YET
been put in by the defendant. Instead thereof motion
has been made before stated to strike out portion OF
the complaint and motion IS new m.ac 20 compel this
doponcnt to Withdraw his suit IN Pennsylvania Ia regard
20 which the ssd defendant In her complaint % procure
injunction thereon a. aforesaid stated under OATH
that she has not appeared consented to appear 20
tie sad libel In sad In Philadelphia and she he's
det rmined not 10 appear to the libel and viii
wholly and absoutely decline renIsa and omit % ap-
pear That these rel reussls of the defendant 10
he fased with the tribunals she had invited this depo-
nent into, end the number of uufounded complaints
propositions withdrawn, stipuatons violated vrxatious
arrests causeles and idle injuncons preferred and OBJ
tanod by the defendant against this deponent have
WINGED this dJont that the whole object Of the defend
ant and her agents and counsel Is TO hsrrsss th depo
nent without ever allowing the charges Of adultery
which he has prefrred against her aud ON which be
se,ls divorce 20 be investigated by any court comDe
tent 10 grant him the relief he asks That this depousnt
& conf med in this belief by the scandalous nature Of
the charges preferred against him by the d. ndant sud
the corrupt means used to procure testimony tc sus
tain them and 10 destroy the character Of the Wit
nssscs Ct this deponen, That TINS deponera h,s
ants complaint evidence of such corruPuea, tins
defendant states that he has in his pcsseseaion an
he s chsrged with Adultery declaring his nr0cence ot
such charge and stating that she hni been o-ed three
hundred dollars TO silly 10 It's trutn Ihnl ths uep
rent charged in ssa complaint with aduo ocy with SAID
Anna Flower at Ney-Nork New R-xnswick. ,dPhilaie-
phis. at time t.ses when sh0 h-r way TO New
Orleans by ws- the North River snd Kuslo That
s chsrgs OF ad s,sry against seponent sith sad Anna
Flower fslse and scandalcus and Manufactured as
this deponent tscves for thu sole purze~e u mpairng
her testimony svitness to prove adusery between the
said dcfendan one Car ssin Howa.a That one sam
utl Marsden Raymond rsssntly msie an sfndsvit on
behalf Of ha defendant, - which y appeared that said
Anna flow,a (then Amt Dempsey when about % pro-
coed asanst said Csptea Howard ss the putsve father
% child .nen born to which sbe about TO givs
birth, quieted b. he said Raymond the friend q
said Howard by the payment to der of msoey AMI far
nishina 10 her the means TO remove 20 New Orleans
That !. appears that tho said Arns Flower was
scducsl in the hoe Of this Opponent End this 3epo
nent believes, BY the said Howard AMI although tuch
sedu Sion Known 20 the defendant she has rscenty
swcrn she med the sia Anna Flower in he. servi
an concealed Rom this dspopen thefact Of sch seuc
tion did shi deponsnt hear until some years after
wards that ny mpror iety had been commised By The
said Anna Tnyer charged against ker, whilst ir
hs service st any other time that thisdeponeut ha
the AFFIDAVIT Of sad anna Flower BY which appears sh'
witness an act OF adultery committed between said De