The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-04

Ma. HeaAEsr's PETITION TO THE LEGISLATURE OF PEyN
syLvANrA.
To the Senate and Hs ,s. # F:s..ss' Of the Common
The memorial Of the undsrsgnsd respectively sAows-
depha on the 9th Of March, in the year 1905 and
sided In the said city until he established himself in the
city Of New York. In about the year 1887 where he
has resided till about the first day Of December
1e49 when he resumed his residence the city Of Pha
depha And your memorialist further shows, that he
syvani but that he has not resided year within
this State, and previous to this application.
That In London, England. in the year 1887, on the
23d of June, he married Catharne Sinclair that they
have lived together in matrimony until January 1S49,
that there Is no living issue of the said marriage
the said but that the conduct OF his wife has
far violated that contract constrain him to
peal to your honorable body for divorce.
That be makes this appeal averring entire incom-
patblity Of temper and feeling and the utter mpos
biy Of hsppness to either party in the conr uance OF
the matrimonial connection
That his wife has committed criminal acts
with the dignity and purity of the marriage state.
That the evidence which established these and other
will be laid before your honorable bodies, due notice
having been given to the opposite party.
And that your memorialist under the circumstances,
respectfully appeals to the wisdom and justice Of the
Legislature for divorce from the bond o. matrimony
And he will ever pray sc. EDWIN FORREST.
To Mas FoRREsT-
within petition will be presented to the Legislature of
the State Of PennsJ vania, sitting at Harrisburg
February l9, 1850 EDWIN FORREST.
Mr. O'Conor said that the complaint Of Mrs. Forrest
against Mr. Forrest in her first action next in order
but he would only require counsel to read the seventh
ME- Van Buren, then read the seventh allegation as
follows = She the said plaintiff has ut all tmes since
her raid marriage, lived and conducted herself in
chaste and vruous manner the wife of him. the said
Edwin Forrest, and has never committed adultery or
been guilty of any unchaste impure or immodest
Mr. O'Conor then said that the affidavit Of Mr..
Parke Goodwin was referred to- and he would wish to
have read in the OF Mr. Goodwin having gone to
Europe, as he expected to go this morning He also
thought the statement Of Jameson should read rs he
conceived to be adopted by Mrs FORESTS adavt but
he would not press to have it read now.
Mr.. Van Buren--I decline reading it as part Of the
affidavit; 1t is not adopted by Mrs Forrest is only
referred to BY her. II it had been presented to the
court. it would be clearly nadmissbIe and Of
cannot be produced in evidence now.
The Chief Justice said it did not strike him coming
within the rule, and that the defendant was not COM
PEELED to read IT. adavits should not be permitted when
the party could be called to the stand Arc you done
Mr.. Van Buren-No sir; am only about beginning
now. (Laughter)
Chief Justice-We sir We will postpone it until next
Mr. Van Buren-Befbre the adjournment Of the Court,
would wish to read that part Of Mr. Forests affidavit
which refers to the Ccnsuelo letter.
Mr.. OCohor objected to any portion Of Mr. Forests
affidavit
Mr.. Van Buren-Then submit that We are entitled to
read the whole Of it, it is referred to by
Mrs. Forrest in her affidavit.
Mr.. O'Conor submitted that the counsel had right
to produce any paper before this jury which would be
sworn affidavit Of Mr. Forrest in his own favor. Mrs.
Forrestf repeated denias and her impeachment Of Mr.
Forests affidavit, can't make it evidence
MI. Van buren, hoped that the Court would not I'M
derstand that he offered the affidavit because it
sworn to- Though 1t would appear the reading that it
was made under oath He proposed to read i as state
ment explanatory of the circumstances detailed in Mrs
Forests affidavit lie at loss to see after the
full reading Of the affidavit on the other side why this
extreme uneasiness should appear and why he should
not be permitted to read it as statement to the jury
to-day the party s entitled to read the whole all
davit, that will, of dispose of the objection.
will decide it on Friday morning
Ibursday b-irg New Years day. the court then
adjourned TO Friday mt rnipg at ten o'clock.