The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-20
Supreme Court-speciaI Term.
Before the Hon. Judge Edwards.


EARLY MARRIAGE, DIscoRD, ADULTERY, AND Dr.
vORCB.
JuLv l7-Witham T.. By1bee and hueQa Bvn5ee his
WVe, as DANIEL 4. Stocum.-The circumstances of this
though by means novel are nevertheless extra
ordinary and somewhat tinged with romance It is mo-
ton to compel the defendant to support Margaret socum
now aged fifteen his daughter by the female plain
till, to whom he married in 1885, and from whom he
WAS subsequently divorced she Afterwards marrying
William r. Byxtee. the male plant II. From the state
ments made ana afdavits adduced by Mr. Benedict on
behalf Of the plaintiffs and Mr. Judah the part the
defendant, the following facts sppeared-0n the 10th
Dec 1885, the defendant Daniel T. Slocum, married
TO the female plaintiff, whose name then Iduella
Mott he being eighteen and she sixteen years of age 1t
secret runaway match and contrary to the wishes
of the father the only surviving pare at OF the defendant
who was then serving his time to shoemaker The ar
dent love of the newly married couple after short time
cooled down. and the early dreams Of welded bliss
vanished away leaving naught but discord dssatsac
ton and discomfort Cupid in fact, completely
however Ghe hapless bone of contention in the pre-
sent instance was the issue of this ILL advised and ias
sorted union After one or two paintings aud reunions
with his wife, Mr., Slocum finally separated from her
taking with him Margaret the 1sole daughter OF his
house and heart" then about five years of age and
brought her the residence his father which also be-
came his home and where with slight interruptions up
to the lst Of May last Margaret resided and main
tanned clothed and educated by the defendant during
which time Mr. Slocum declares that the mother of the
child never contributed in the slightest degree to her
support except when he occasionally permitted to
t t y sn w Tn
deity and che then married the male plaintiff, VIII
liam \. Byxbee The father Of the defendant died
in 1851 leaving him property to the amount Of about
$4,000 The plaintiffs afterwards sent for Margaret to
visit them, and retain her, and make the present
motion to compel the defendant to for her support
and to dest from visiting her claiming her aud
custody They aege that Contrary TO the decree Of
divorce obtained by the female planf) the defendant
had kept the custody Of the child but thai they have
recovered her and that she is entirely destitute Of any
means OF support or for education they for decree
for suitable allowance for her maintenance The de-
PENDANT denies the right the plaintiffs to the custody OF
WAS emit ~
ported by him and his father ana that the
plaintiffs who have two children Of their are from
the that Margaret has received at their hands,
UNIT to have charge Of her. He also upon OATH
that at the time Of his first SCI ation from his wife
lduea and before her present marriage she init
mate terms with William 4 Byxbee and that she had
repeated interviews &c. with the defendant during that
time that she induced him to connve at divorce and
through her then agent suggested that if he would
init an act of adultery in presence of witness 1t would
facilitate the process of legal separation lie consented
ard took with him young to bear evidence of his
crminality; they met subsequently Iduea being pre-
sent at the office Of her then lawyer where the necessary
adavhs Of guilt were made and the divorce
quently obtained The defendant claims that he was
induced to the criminal acts by which he divorced he
has not forfeited his claim to the custody of his child
Of choosing who should be her guardian The former
lawyer of the plaintiff denies OATH collusion for the
purpose OF obtaining the divorce. Decision reserved.
Decisions by Hon Judge Edwards
Da,id L. Reed John Hdnrahan Motion that answer
be made more definite granted with $40 costs to abide
the event
r. H. Tracey u.s. hennd-MOtOn to dissolve the in
junction granted. with $40 costs.
Moran rs. Godfrey-Demurer ruled. with leave
to reply on payment of costs
In The Matter Of James M. Henderson Commission
granted.
Henry c Foster rs James p Brooks and ano,her-Mo.
ton to set aside judgment DIT MED with $40 costs
Cyrus W. Field Us. the Mayor &c. and j. ". Bell
Motion to alter decree denied, with $40 costs.
Robert Ednonson Thomas Edwoason -Motion to
strike out answer frivolous denied without costs
RrJ,s Story William S,oy-Motion to set aside de-
fault granted without costs
Thomas ConweH rs Isaac Newton.Motion for trial
denied.
The Mayor. &c, Of Nw York. Campbell and others
Demurrer overruled with leave defendants to answer
in twenty days on payment Of costs.