The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-01
THE FORREST DIVORCE CASE.
Superior Court.
Before Chisf Justios Oakley.

Before Chisf Justice Oakley.
CATHERINE FoRAEsr Q. EDWIN FoRREsr.
TwELFTH DAY.
DEC. 31.--Mr. Forrest was In court and Mrs.. NJ p
Willis accompanied Mrs.. Forrest The room was crowd
% t. excess At the sitting Of the court this
the trial. he felt 1t proper mention oircumstance
which had occurred On coming into court he found
note ON his table, an anonymous communication,
quarter, - to where proof Of faots In this case
might be obtained 1t Is evidently nom very itsrte
wished to condemn most for any per-
SON to address the Court such subject he thought
at first of passing it over In silence; but for fear Of
repetition he wished to express his feelings the mat
ter He would not intimate that the note came from the
friend we'll wsher Of either party. He would suggest
however, that if the counsel Of the respective parties
wished to it, they could do if they do not it wi II
be destroyed and no further notice taken of it. He
pested that It is practice which he severely repre-.
|. II he had the power to do So
The counsel did dot make any observation manifest
any desire to see the condemned commute alton
MIR. Van Buren, and Mr.. O'Conor urged some further
argument the sntect of the admissibty Of Mr. For
rests affidavit and Mrs. Forests reply
The Chief Justice decided against the admissbuity,
and Mr.. Van Buren, exec pied.
Mr. Van Buren, proposed to read Mr. Forests affidavit
containing statement OF the in which the bum
die Of letters discovered by him and the letters
which were in It, and showing the subsequent intimacy be-
Mrs and the writer Of the Consuelo letter. and
in connection with that he proposed to offer in evidence
the admission in Mrs Forests affidavit of the genuine
othat letter and of the
q.
Forrest subsequent to that time He proposed also
give the conversation as detsiled in the afiavt be-
tween Mr. and Mrs Forrest, and Mrs. Forests state
ment IN her affidavit denying and explaining that con-
vrreation.
Mr. o'conor wa, heard in opposition to, and Mr. Van
Buren, in support Of the offer
The Chief Justice in giving his decision said he saw
why the affidavit of Mr. Forrest should be read
hisfavor in the outset If Mrs Forests affidavit is read in
full and that any parts OF 1t require explanation it may
then be proper to read Mr. Forests The court did not
that the present proposition differed from tho other
offers but the principle remains the If counsel
wished to pursue that line of proof he must begin by
presenting Mrs Forests affidavit. Exception taken to
MIR. Van Buren, then proceeding to read Mrs For
rests affidavit and said he would read portions oft
The Chief Justice said that he might read such por
tons of it he wished and the other party could read
the parts be emitted
Mr.. Van Buren, then read certain extracts from Mrs
Mr. Van Buren, then proposed to read the statement in
Mr. Forests affidavit as to the manner in which he
Mr. O'Conor claimed that before that was done the
whole OF Mrs. Forests affidavit should be read. The
furious to Mrs Forrest unless the whole read
Mr.. Van Buren, commended that it was proper
for him to give Mr. Forests statement in this
nection He deferred to the case of Geary and Nicho
son "a Wendell
The Chief Justice had never known instance
was 70 nosr nar ~ Uaancs
He had doubt that having read portion Of the aft
davt, the plaintiff has right to place the whole Of it
by the defendants counsel, or by Mr.. O'Conor, or
BY the clerk Of the court 1t is mere matter of form
to the manner in which 1t is done the spirit of the
thing is that the whole shoud be placed before the jury
and that must be done before the parts 1t which have
been read can be considered in evidence
MIR. Van Buren-Do understand your honor thai the
parts have read not in evidence unless the whole
read?
Chief Justice II mean SIR that will exclude 1t from
the evidence unless the whole Is read to the jury.
Mr.. Van Buren, excepted
Chief Juslice.-Do understand counsel the other
side to call for the reading of the whole oft,
Mr. OConor-With the exception Of cert ain portions,
which will mark.
Mr. Van Buren-We deny the right Of the other side
to read the whole of this ana submit that they have
only right to read such parts explain the portions
that we have read object on the ground that the
parts do not qualify explain the parts have proved
and the ground that they irrelevant the ISSUE
and except to the ruling Of the Court in admitting it
After rome few minutes delay, occasoned by klr
o'Conor marking portions Of the affidavit which he
wished omitted,
The Chief Justice suggested that the davits we're
very voluminous, counsel might be relieved by
other gentlemen reading them
MI OConor said that when Mr.. Van Buren, felt tired,
he wsud have objection to take up the reading Of
them
Mr.. Van Buren, said he would feel difficulty. and
hen commenced reading the affidavit of Mrs Forest,
dated goth Dec. 1850.
The court adjourned till Friday morning. The con
c!osion OF this proceedings will be given in Sa.uI
days paper.