The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-20
as.s. he w. brought late court this day ON bench

bail BE- fixed He supposed $500 would be ssficisut.
TIE Court hxed the bail 81 that sum. Who was his
Mr. benjamin Bailey, accompanying defendant, an
swsrsd and In reply TO the srra'gnnent entered plea
It appeared that the gentlenan who rendered himself
pecsrty Of considerable estate (saa to
Be in Wsstchsser county and other property in
Mr. Hail Objected, and showed .o.elusivsy that I.
judgment entered reoosnizaHos was invalid ost OF
the county The Court tbersupon refused the bail.
Counsel then asked psrnssisn for the prisoner to
In charge Of sficsr which Mr. Hall also spposed IL
oss r,snss and favored the rich man Who could fee
snissrs while peer criminals were sent to jail The
Court refused the application asd the notion Of the
Assistant District Attorney the defendant naitsd
Court or Common PIeas-part Second.
Before Hon. Judge DAILY.
SUIT FOR DIVORCE ON ALLEGED GROUND OF ADULTERY
DEC 49, james Pugh .dnn Pugh.-Tho plaintiff IN
this eae, who keeps sailors boarding house IN Water
WSssaoD thsr ., r. ssb Of Janusrv Is4s he Jaw
fuly married to the defendant In the city Of New York
and that they lived together as husband and wife rou
that time to the 9th Of August 1851 There 10 NO issus
Ct the marriage The plaintiff alleges that his wife his
committed acts Of saulty with several persons and par
n; b and s With
ard Barton s8d also that during the months OF and
August Of the year 1861, she committed sdultry at
house In Mulberry street, with person named John
On the part Of tho defendant. Msssrs James Brady
Altogether snd submt that the psiatir and defend
ant lived together nan and wife up to August 1881
which Hme tie plaintiff charged his wife with tho
adSlteries complained OF and that the first
ntmation abe had Of the accusation when she
served with the process in this suit while engaged
uual in her domestic business The defendant It 10 sd
was possessed household furniture amounting to about
Thousand dollars st the time Of her marriage, and
that the plaintiff had NO property OF his own the dc
ndant further contends that since her marriage Rhs has
accumulated real and personal estate Of about
S25 Oo0 free and clear OF oil membranes and that
very large proportion Of accumulated by her
ndustry In dsvotipg her whole time In carrying the
business Of boarding house keeper thst the real estate
is Of the value Of $4,000 and some short time before this
action commenced the plaintiff asked hts wife to sgn
dssd which would have conveyed away her interest In
H. she refused execute the deed and the plaintiff
piled that hsy would shortly be twon but he did not
say what grounds 1t is also contsudsd that short
time before the action commenced tbs plaintiff Offer
ed Mrs Pugh 50 c00 and to her passage to asy part
Of Europe If she would to Separation wbion abs
refused and since the action brought he offered hsr
81 coo rot to defend the suit which she also re-
fped. 1t appears that OF the parties with whom
the defendant charged boarders in the house
The first witness called Albert whitney who de-
posed that be dss ut l07 Cherry stree employed
bis home at James Pughs; knew men named Barron,
whose right name was John Barton; he bsrkeepsr
act Of orminay between Barton and Mrs. Pugh, her
room about ten O'Clock A. on the 1Sth June 1851.
He apdpg in the hall, about feet from the
door which was partly open; they were in bed heard
them speak heard MIRA Pugh say Don't shut the door,
so that we can see any one who comes up
The witness examined to his former state
ment Of the affair and Mr. Brady read bis previous depo
sitions, with view to test his credibiiity.
Mary Carr oil deposed that The lived with the plaintiff
and defendant for nearly three at 344 Water street.
and is living with Mr.. Pugh row; Leonard Barton was
his bsrkeeper; saw Mr. PuRh and Barton in the bath
morning; Barton had his drawers and cap, and
Mrs Pugh had her clo hes; Mr. Pugh then ia the
country; Mis- Pugh had apother girl to sleep with her.
Mrs 7. wM standing up; they saw witness ana Mrs
Pugh into her own room and Barton went into the
dining room; 1t Ii than ago. said nothing
to them about it, nothing ers but that once; Jaw
n ned on ha GrgtH Rnr.
ton take some drink to her but don't know what it wa
saw Barton booking her frock; Mrs Pugh sent witness
Catherine deposed that she lived with the Pughs
as servant; she and Phoebe Pughs niece slept with
he went to Pbiadelphis to buy horse; awoke
Ing about five O'Clock. and found that Mrs Pugh
IN the bath rosm the next morning following she said
she vas not WELL next morning her in the bath
ut i've o'clock she was in her morning the door
opeD, and Barton inside in tho room. Ia his
shirt sleeves do not know how long had been there
said anything to her about it, saw nothing elise at
any other time; went out with Mrs Pugh and Phoebe;
met Radicsn, and be and Mrs went into house in
Mulberry street together Radican gave Phoebe money
Mulberry street Phoebe and absent about
fifteen minutes; on returning saw the family OF the
house standing the stoop vent in; Mrs p said why
didn't you come in sooner 7" She sitting ON one
berry street with Mrs Pugh on another OCCASION aud
she remained talking to man named Sweeny in the
james Wallace depoeed that be lived at Pugh,s in
August 1S8 Coats boarding there at the time and
slept with witness; Mrs. p. came into their one
morning and sat on the bed when witness was half
dressed witness went down stairs and finished dressing
himself In the cellar he then returned up stairs and
found the bedroom deor shut ipstead Of going witness
looked through window, and Goats and Mrs Pugh
lay ing on the bed.
On cross examination by Mr. Brady witness said he
followed the for living and stays ct Pugh's when
shore and pays for bis board; Barton since
witness first told the transaction Of 88 last August
year told It to . man named Charles Brown who said
he told to Pugh witness told it any one else;
Pueh bailed Witness two weeks ago. when charged with
striking man
Most OF the testimony IL unfit for publication. The
case stands adjourned TO Monday (his) morning at 10
o'clock and 10 likely to occupy the whole Of the day