The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-13


this is not specifically denied by the MoGst
answers, that be was Informed few months ago 1.-THE
answer was sworn TO ON the st Of February 1851
first time that she demanded the amony should be ss
cured on Warmers ra estate No precise period Of time
Is indicated by 90 loose and general allegation as
months sgo Warner left about four months before the
answer was sworn to- and whether few months means
before since that period il h OF course 10
say II he did not know until after warner left OF her
demsDd to have the alimony made a charge upon the
real estate 1t would have beea easy TO say so But
whether be knew before Werner departure Of her ds
that rhe was prosecuting claim f)r alimony and that
report had been made In her favor and with this
ecee he advanced Warner upon the of his departure
for Europe sum OF money equal the whole value of
his real and personal property except the portion
reserved for the payment OF such debts as Warner
ration of wick Warner was epablsd a. once to
convert the whole of bis available property into
cash, and take it with him to Europe At the next
special term Of the Court but fourteen days after tho
plaintiff obtsired her decree by which an annual sum
OF $500 as permanent alnlony charged upon War
for the support of hes ant and $3.50 her
expenses In prosecuting the suit This permanent ia
cumhrsnce upon bis property TO the amount Of $3.50
annually, Warner WAS enabled to escape from, by the
prompt and expeditions manner in which DIat bled
hin 10 convert 1t into cash; and by his sudden and
expected departure with the avail, In his pocket the
plaintiff has in the language of the statute been him
dered and delayed IL not totally defeated, her attempt
to from the property of Warner
herself and child The transaction was equivalent to
sae to MoGat Of all Wsrner's property available
effects except 80 much as he thought t to devote TO
amounting to 81 4I8 o. he made an assignment to
Moffst in trust Of debts due to him. to tns extent OF
S6222 IL providing therein that after the payment Of
the debts specified in the schedule annexed the assign
ment the balance oVeipus derived from the assigned
effects should be applied by Motfat on account Of the
amount OF the judgment confessed y him to Moffa The
plaintiff Is not included among tho persons who had
claims upon bin ond her name Edoes d appear in the
schedule accompanying the assignment though provision
s there made for debt of $243 with interest alleged to
be due to one OF the with whom he had main
tanned an aduerous In rercourse and whom with two
t0f hat akyvith
him to Europe. After conf sssDg the Judgment and
making the assgnmsnt and receiving SO 600 in cash
frSm Mofat Warner left the next day in the
steamer for Europe lie left suddenly and osndestney
for bis name does not appear in the list
Sen oy .ns steamer the only name on the list bearing
ehldren; was the plaintiff her son, her son in law,
dor her attorney enabled to obtain information
to whittier he had gone, until the defendant Moat dis.
closed 1t under oath. That 1t was the intention
Of Warner, in making this arrangement, to cut
of ,he plaintiff from all claim or hold upon
comment, and that the defendant Moif4t know
ingly assisted him in carrying out that intention IT,
think, equslly obvious He and Warner had beeu very
nimste, intimacy not limited merely TO the relation
Of attorney anu client confined purely to matter Of
they had been in the habit Of daily intercourse and II ap
by entries made by Warner il diary he kept that
be exhibited to MofIat the complaint answer in the
tic orougt by the plaintiff for the divorce correspon
denca had taken place between Warner aud his sonin
law, Simeon p. Coleman in July, 1910 in respect to
terms of separation between Warner the paint and
for an allowance hsr support be upon the
property OF Warner and by entry Of Warner In this
diary in july sl9 1t that he exhibited the letter
Of Coleman to Mcat and advised with him UPON the sub
ject There is at least declaration of Warner that he
Consulted him in respect to bis private asirs aud upon
the df plty with hs wife, II not With respect to her de-
mana to have maintenance secured upon Warmers pro-
perty And II further APPEARS that the Intercourse be-
tween th.m had assuned close and intimate cbarac
10 lead the Interchange OF presents tokens
Of mutual regard MoiIat has denied of tho
circumstances that hsd addu,ed by the plaintiff TO
the Of the intercourse substing between
HIM ard Warner; but the contrary tbs ad mission
contained ia his but strengthens and arms is
He ADMITS tnat Warser had confded 10 him his intention
leaving the 5tate that he informed him that
ton feverel times in the year 1850 telling him when he
gave the information tbaG he had contemplated doiug
for time and that his object IN going to Europe
oatend 10 bufiness there which required his pre-
and which statements oiia aJ he fully and i'm
picity believed that shortly before he left he told
bin OF The injury that had occssoned to his
by his difficulties and that bepg reduced to poverty and
to prevent iong the he already Possessed he felt
biInselt compelled to yt Europe professional ousi
nss to be transacted there which offered him the chance
Of retrieving his fortunes and cDlsreipg his pecuniy
means that he advised by him the day before his
departure OF his intention take with him niss Busby
ard the persons says hoat whom he then treated aud
regarded a. his fsmyn We have then Moffsts sdms-
sion that he informed Of the motives that Induced
Warner TO leave, and that he intended 60 take with
bin the woman with whom be had maintained
adulterous int and tber egitimate children;
spd We have then to consdr how far this knowledge Is
OF character to sbo him Of any intention to assist
Warner in preventing s's wife getting lien upeu his real
estate. Warner by The pubic disclosures in cour Of
justice OF his Of life for number OF yeaby his
own admission when examined sItneps tia. he had
held aduerous intercourse and lived in open state of
adultery with numbr OF womenLad lost position cha
racter every thing but property-and this nofat knew,
for he vas present during his exsm'ustion man so
cuDstsnced may well have desired TO leave this ctJ
TO turn oil that h. had isto money that he might take
IL with him and pursue his fortune in other place
Having resumed his former connection with Miss Busby,
II may have been very desirable 10 him that portion
OF the property he possessed should 60 the support Of
the wife that euene for divorce, orto the main
teDance Of the child he about to abandon; but II was
a another should
q project That Mofat knowingly assisted him to effect
this object s TO my MIND manfest from the very nature
of the transaction Acquainted with all the cifcun1san-
that imp-ed Warner TO his hesty departure fami-
liar with the fact by his admission that the plaintiff
prosecuting her suit for divorce and that the
feree had reported in favor Of her claims for amony he
must have known that the practical effect Ct enabi Dg
WsrDer upon the eve Of his departure to turn all his
property into money and take 1t with him would be to
prevent the plaintiff from then enforcing her claim
p rh sps ever frs enforcngt What other motive had
WaIper fer this quick and expeditions disposition OF his
property itwas an extraordinary and unusual trsDsac
ton for do not ordinarily dispose Of their entire estate
IN mass and purchasers found TO buy in that mode
&c short notice sno cash for 1t No other creditors
pressing him, 81 least there Is evidence to that
effect He no. like man in embarrassed cpcun
prevent Its being sacrificed upon forced ssc by ju5g
neut creditors. His other debts amounted only 70
81 $50 END he had debts due to him to nearly bee times
that amount independent Of his real and personal pro
prty. Did not Moat see in the assignment made tor
the benefit Of those having claim against Warner that
provision had been made for the claim Of the plan
would be the consquepce to her OF enabling Warner TO
convert his property into cash and 40 off With iR lie did
know and b. mut be held responibe for the legal u-
ference that results from that knowledge This alone
would be establish the existence Of inteat
bis part. within the statute; bat his after conduct
terds to strengthen It, IL is sworn 10 by the plaintiffs
Witnesses that he refused TO give any Information to
where Warner mad This 10 Is true, he denies He
saJs that from the manner in which he addressed
BY warmers on, or sou-insw that he referred them
TO his clerk for information The clerk corIoboraes the
fact OF the reference 90 him. but though present at the
interview, he says nothing Of the which Moffat
assigns for not replying to their inquiries. II
Mr hoats sense of proprety forbade his furnishing
information to persona who failed to address nim In
becoming manner he had perhaps right to decline CIV
ing 1t; bat am at loss TO perceive why they shonld
have been referred to his clerk The clerk had infor
nation to give, II he had he furnished Mofst
sets out In his that Warner told him ef his being
reduced to poverty condition scarcely inferr able OF
who had IS SOC worth Of property TO dispose Of 1t
not TO be that this plea of poverty had any
weight with Moifatzthat that influenced him to make
the advsncc insSnuch what he did involved no ex-
e-cise Of generosity his part any pecunary risk
Warner was soliciting neither loan gift nor was Mo
fat willing to make for he says In his answer that he
sgreed 10 do what he did upon being made perfectly