The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-26
COurt OF Common Pleas.



ACTION FOR DIVORCE ON THE ALLEGED GROUND or
PREVIOUS MARRIAGE.
JAY: Is Linden rs LG&,D.-Ths case Tor Mrs Lin
den, the defendant was resumed. Joseph Spence lie.
Yosed that he vas present ~ Thompson's in Broad.
war, on occasion when chm Craig the subject
Of conversaion Margaret Knox the witness examined
for tn. plaintiff was there and Mrs Kilam there
also; Mrs KHAN asked Margaret Knox IL she knew
sskd her he had wife In Ireland, and she said he
had. andhast two children.
on cross examination, the witness said he vas Mrs
Mary Craig daughter Of the defendant BY her drst
husband and aged fourteen years dtposed that sh-
had sten her father had never heard where hs
was, CT vhesAsr fe was alive or not.
On cross exkminatitn, abe said her mother the De.
nndspt never told her anything about having hu'-
Robert Blythe deposed that he knows Linden and
Mrs. Linden knew them before their marriage was
prstent at their Wedding in hsw York. The magi.-
trate alderman Lee VINO married them, asked Mrs.
Linden II che was ever married before she said che
vas, 10 man In Ireland named Craig, and that she
did not know whether b. a. sd alive she said the
last n. h. ard OF biri that he kad enlisted for sol
der and that was uprs 81 ave years sic che had
heard anything II him; the magistrate told her che
vas al liberty 20 marry aay other by the Law Of
III. ni,td seates Linden did not ,sy anything, to
my Ano.iedye on that occasion IN. lady vent By the
on cross.exsninsiicn. the witness said that Mr.
tr,te; saw him taken from tho prison aud brought
before the bar at the corner Ct Third street and the
Bo.try Ut apptaTs that NJ. Linden va, a. the time
confined 10 pfissn on charge a having seioeed the
deipesnt and CT being the iath.r Of child Of which
she was then pregnant witness eontinued-Mr
Linden stood By without aging anything; don't
knew how lorg he vas in pii.cn previous TO being
brought before the magistrate think she came 10
this country in 1870 or al ! did not know how old
the ehild was sfe had two children one by Craig aud
enc BY Linden; DON'T know how long they lived to.
s.thsr but enc child sisl " aov alive.
witness. named John Graham. depo,ed tina. he
did not hear such conversation as was sworn to by
the witness Krox though he present At ths time,
and within siew feet OF her
Mr.. Anthem sdsre,sd the jury on behalf Of the de-
hntant calling upon them net 10 Justify the plaintiff
in casting the defendant OF to become ~xnasrer on
the streets
Mr. Jas 7 Smith summsd up on The part Of the
plaintiff commenting with severity the con duct OF
Mr. Linden and the ctreumstsnees under which his
client was compelled TO enter into the marriage state
With the defendant aud which he aid rather than
ain IL mate Of the prison where he wa. pscedby
the cath Of this woman who charged him With being
the father Of her nhil Tbs learned counsel then
ieIr,d the testimony and cortcnde that Ia fact OF
John CTsis being sti alive las been proved BY wit
res,es who saw him ss late ~ lste in Ireland lie also
,pgge.ted that fJohn Craig were dead the defendant
and lad they spilled 10 th court during the time the
suit has ben ysuding-nov nearly two years Mr..
Linden would have been obliged 70 advance s1c0 II
Necessary, TO ,end etmuiEsicn 10 Ireland TO take
evidence a bis dssth. IL he were dead
Counsel for the defendant 81 red several PROPOSE.
ton, which he asked the otut TO shsrgs amongst
III that the Jury should lad for the Legitimacy
81 the child ~ Linden ana Nr.. Linden.
Mr.. NJ. smith .sil he would reliev. them on that
point The plRinbd did not wish 20 Tile Climatic the
ohpo he sought its eustody, he wanted y from The
Council for ssfnet further submitted tina, the plain
tn had proved thf the maria mony between
holy cfG,r, and also that doisudsnt vas not bound
70 ,'us commnsion 70 prove that JOAN Craig was
dead
Clearly txToundug the Law apple able TO suite Of
thi, kitj ans the jury rendered verdict or the de-
tndsnt