The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-07
The Forrest Divorce Case.

SUPERIOR COURT ESPECIAL TERM.
Before Hon Judge Duer.
CATHERINE N. FORREST vs.. EDWIN FORREST.
In this case, the defendant, Mr.. Forrest, made
motion for a commission to examine. as witness
on his behalf, Ann Flower, Of New Orleans. The
proceedings have been already published in the
Heraa. The following affdavits were read IN sup
port Of, and in opposition to-, the motion, and we
publish the order made by Judge Duer in deciding
the motion
AFFIDAVIT OF EDWIN FORREST.
Ctr and County of N1p York, sS.-Edwin or
rest, the above named defendant, being sworn says
he has fully and fairly stated this case to Van Bu
and Robinson, of the CITY ofNe~ York, his coun-
sci therein, and that he has good and substantial
defsn. in said the merits, he is advised
by his said counsel, and verify believes; that he
poets to be able to prove by Anna Flo yer, who is
not resident Of this state but resides in the CITY
Of New Orleans, an act Of adultery committed by
the plaintiff with William A. Howard that
this deponent has fully and fairly stated &, his said
counsel what he expects to DO able to prove by the
said Anna Flower, and he is advised by his said
counsel, and verify believes that she is necessary
and material witness for deponent on the trial Of
this cause, and that without tho benefit OF her testi
mony deponent cannot safely proceed 10 tho trial Of
this cause; that issue Of fact was Joined 10 this
cause on about the 2lst of December last, and
the cause has since been the Gale dar, has been
noticed, and is tho calendar Of the present term
for trial. and is likely to be reached in its order
on the calendar, as deponent 10 informed and be-
lieves; that, in or about the month Of June last,
leans, having been apprised that her testimony
important in the controversy between deponent nd
his said wife, (tbe PLAINTIFF and which co ltroversy
was and is the subject Of this action, ountarily,
with the concurrence Of her husband, as deponent
Was informed by her, and believes, came ON to this
city expecting 10 and for the purpose Of testifying
in respect TO the said matters, but not being APP
prised that the said controversy was not in su,h
state Of progress in court that her testimony AIKEN
70 be used therein that after remaining here about
three days, she left 10 return TO her home in New
Orleans; that the nature Of her testimony is such
that it IS Of the greatest importance TO deponent
that she should be personally present at the trial of
this cause that upon her leaving the city, above
mentioned, she gave dcponent the positive assn.
that whenever wanted as a witness in the
troyersy between deponent and his SAID wife, and
she should be sent for, she would TO the
city Of New York, TO be personally present at the
trial, and testify thereat; and she also informed de-
ponent. and d.poncnt believes such information
true, that such tho wishes and determination OF
her husband; that anticipating this cause was
about approaching trial, depoaent on the 10Th of
April laet, wrote TO the husband Of said Anna
Flower Ut New Orleans, requesting that in ac-
cordance with the assurances 50 made to deponcnt,
she would prepare TO on to this city. being
telegrspbed TO that OBJECT and dep )nent had relied
upon her ability ut once to comply with such re-
quest Of this deponent that 10 answer to his said
letter, he has this day received letter from the
said Anna Flower, dated at New Orleans, May 10,
1851, and maf'13 On tho 18th, in which she informs
deponcnt in substance rs iollOws;-That she Is
sorry she cannot comply wfth his wish; she is so
situated that she cannot lie ave at present, her chill
dren are 20 young, having young babe, she could
not leave them, aud further deponent saith not.
EDwIs FORREST
Sworn before me this 2lst day Of May. ISL.
Iuos. >. SoMAKKS, Commissioner Of Deeds.
surERioE COURT or THE CRY or NEW YORK.
ta,haitne ~ Fnrcd against tdlcia Forrest
On the foregoing affidavit and on the pleading. In
this GAUGE, lc the plaintiff la this ion snow cause
before one OF the justices of this Court, at special
term, ut the City Hall, IN the city Of New York,
the 9th day Of "a sy instant, at 10 o'clock, A M
why aeon mission should not Issue ia this action
out Of aud under the al Of this Court to be di-
reeted to James Caldwell, Thomas Slidell and
Jacob Barker, Of the city Of New Orleans, in
tho State o. Louisiana, some Que Of hsm TO OK.
anime upon oath upon iutcrrogstories to be an
nexed 10 sad commission, Anua Flower, Of said
city Of New Orleans, n witness la this cause, on
the part Of the defendant, and that the said com
mission may be returned by mail, 70 David X, r.
Jones, Esq the clerk Of ,hs court, aud that all
proceedings on the part Of the plaintiff in this ac-
ton may be stayed for thirty days, to enable the
dtiendsn; e procure return OF said CO ninlsson.
New York, May I'D, 1851
wnLnn W CAMPBELL.
AFFIDAVIT or cArBsriSE \. POOREST
CgfisrTp> ". JNrf 0gilasf Edtria Forrest
Cgp and County ~ NcD IOrk, - -Cstharinc n.
Forrest Of said city, being sworn says n ioilowG-
My controversy sitb Mr.. Forrest all its depart
meme. has been managed by person, to wit,
my fret employed counsel therein, my attorneys &c
record acting ia all things, a far ne know or be-
lieye, ut der HE dir scton; aud have never seen,
cotytised. or conCsponded with any lawyer or
agent said controversy, other MY aid coun-
Eel aud said attorneys, save that saw another gen
tlcinan Of the bar on two occasions, for feN mi.
Bules, ard once casually met him "a Broadway, near
the Park. at VII Oh last time sand Edwin Forrest
came CD to us and asssiled me with very rude and
insulting language. have neither paid, nor agreed
to pay, any money for any service or other thing
connected with said controversy, TO any person, er
lIat g.
believe has employed aud paid all other persous
who have been employed or paid for any thug IN
Iefererce 20 said controversy, or any part Of IL.
have never received one cent OF money or other pc
cunary aid, directly or indirectly, IA any shape or
form whateyer, towards carrying on any part Of
said controversy except the fifteen hundred dollars
n yesr paid by said EDWIN Forrest nor do know,
believe, or suspect, that my SAID counsel has ever
received any money, the promise Of IL, from any
person. In reference to this Controversy except from
myself. All insinuations by Mr. Forrest that have
the aid or support Of pccunary means fro N per
sons implicated in his charges, or from any ono, be-
ond what appears in this affidavit. arc absolutely
IN founded In every respect nor do | kno or be-
le,e that he has ever implicated any person who
I'd the power to give her material pcouniary aid.
&c circumst ancc will suffice to tercl those nsnua-
tiops When threatened with ~ suit in pcnnsyl-
vsuin sought the advice Of eminent counsellor
there, who was ready 70 Ter il on receiving q
suitable retaining fee. was unable TO pay IT, and
for this reas alone he became the counsel ~ Mr.
Forrest and il often referred to In his papers and
proceedings | neither know nor believe thet any
ofcr hiss been inside or Inducements held out 70 any
witness 10 ttstiy for me, or again,t Mr.. Forrest;
ror DO know or believe that any of the practices
10 Ircturt ,estimuny, alleged by MIR Forrest, have
Lten rcsortcd to. j have had no agency in any
i ALLEGATIONS against Mr.. Forrest always knew
II ., ny ltgs papers would get itto print Il course
sid without ny agency. Tn them ! have relied
~ ,ueh virdication o. might Ne necessary to avoid
IA .nt ~ &C suis len IL b. charge
~ action las been Iaitly tried In this Cur,
Ngiwttn Nathaniel T.. Wills ~ plaintiff, and
.ail I iNin Tofieef, ~ defendant, in whch
ne defendant admits violent assault N tho