The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-21
allowed to be read in evidence but By showing it to him


to Mr. OCenor he had another interview with Mrs. For
rest In regard to this subject that she then asssnted
beyond that was that she desired the allowance should
be properly secured to her On the 9Th Of February
then, with the full knowledge Of all these facts with the
conviction that divorce to be obtained in Peuu-
syvsnia that IL be obtained by charging her with
great ndiscreton of conduct not amounting crmi-
nality che asssnted under the advice of prudent
and honest gave advice that she would
make opposition to this provided slo
the 18th Mr. Bryant writes to but not allowed
10 produce the letter. but to that time taers
difficulty till be hegsn TO remember that there
other difficulty besides securing the amount Of allowance
but what that difficulty does not appear in this
far as Mr. Bryants testimony is concerted; but
sn ,ns 1h M Oh eo 'PDs
letter written to which we got in the Afternoon
end no attended the part OF Mrs Forrest neither
On the ltth Mr. O'Conor writes letter us or to
Mr. ssdgwiok highly honorable to him beyond all doubt
fayirg that II there i, the sghtest iItimation on
the honor Of Mrs Forrest IN the measures taken 10
procure divorcei she utterly and unquadeJly
fetn'es 70 acquesce in II no matter how abundant
might be the allowance made to her, or how amply
be provided for Der support. That very natural
conduct on his part do not venture TO make any
suggestion that this was not In the highest degree
ere.able to him; but desire to impress your minds
that over and and again, Mrs. Forrest had
uy nDc upreservedy acquiesced in Mr. II u applying
to the Pennsylvans LEGISLATURE praying divorce,
the ground Of scorduot provided that provision
made for her support Now, the articles OF agreement
hch embodied by the evidence show that there
any understanding that divorce should be
Obtained on any other grounds; ard you will ind that
is only provided that the dvorce should be obain.i
making unnecessary charges agsi her and this
l. TIE document introduced by them, the number Of
which do not, at this moment, r-coll-ct Mr.. Van
Huren read some extracts from the document of
which that Mr.. Forrest should pledge himself TO
rome mutual friend that he would give publicity
the charges permit them TO be published This
sl that required By her though knowing very we'll
the charges which cesaary tor the
jret ana she being folly apprised OF me manner in
bieh the object was TO be secured This nsgotiatoa
ed but IL important that you should be this in
mind because IT reflects much light on PORTIONS
withdrew ir.m negotiation and neglected thu
s1vice. which she once followed of Mr. Bryant
put herself her legal rights by her counsel re-
TUNED 10 his residence n Phia 1elpha the
home Of his birth aid Of his chdhood returned the
tsnily OF bis mother ana Of hi. sisters nr-sHapd
before the Fenpsy lyaria Legislature tb.t djs-
closed, to prosecute his application for FL pre-
cssly in the way be had intended to do t s original
arrangement between the parties That nlcaiion vas
rrssted SO far as appears and failed tsw passed
turning the the courts authoI ztn party
who had yea year in Penpsyivsns prosecute the
cont OF that state for divorce shortening
OF residence before required prosecute divorce. The
instant that application made and when Mr. For.
Iset returned here, (I ought incidentally 70 ptste
that when the proceedings were taken before the
Psnnsy lvania Legislature, commission Issued to
Ills Ilacs to take Testimony and evidence of Mr.,
Underwood, Garv.D aud on) notice given to Mrs
H. OF this application and OF the taking this
t.d me wac desired 10 attend Il here desire stating
there facts to call the attention Of the counsel
ether eide TO this tatemeDt that if mis- recoect or
mis-ttse anything, be may correct as should also
imory We bsve 20 oTp pIrunity to be heard in reply
20 him and in OF this gnitude should not feel
justified IN permitting statement which l believed
incorrect to go wheut correction should therefore
take 1t ss an act OF personal kindness that should
wrUpe In stating facts to you the counsel the other
ide wcUld correct me This notice was given 10 Mrs
Forrest oi tskng testimony in this city she de-
c1nsd to attsLd and the reply read you part
il the PenpsyyaIia Lea alature ows YOU the ground
which she refused 60 attend the examiDson these
witIesses. She said, that whenever summoned to y
eeuit Of Justice she saa ready to respond to toe chasss
Int TO attend the Smnatcn of witnesses bsfor.
hegsStNe committee or to DO any thing except protrs
gpa.ns. the ipitrtersncs OF the Pennsyvana Iegisa-
trre in their conjugnl relations a suit an COM
nenced in PeDmy yivania, where Mr. Forrest had long
resided snd notice of this suit served on MIS-.
Forrest On that being done the whole artillery Of tn,
lev was exploded on Mr FORESTS head the inssnt he
70 .his city Two suits commenced agains
bin as man who bad, il tho language OF th.
opening this case attempted transport his wife
beyond the sess BE- tried for pretended Oft .nce,-a
,uit for divorce in the Supreme Court, the ground
adultery and sui for limited divorce in the supreme
court seekip. elinaony while she was receiving the
abundant allowance to which have referred and seek
ipg 10 restrain the suit in Pennsylvania charging him
With an intention to make away vi Ii his pro-
rerty. aid eDjciring him from psrtiog with Il;
changing him with attempt to rsVsh her and
coming 10 her house, or any plac. where she was;
sso proceeding against him in the shape ne ereof to
vent him from leaving the State at s those
various proce Din SO were brought down upon him in the
Of 1860 l. virtue If the authority the Courts
ot hs State Now what the history of this case as
have shown it to you Why. the suit brought for
divorce on the ground Of adultery the coming OF
the answer, was abandoned by the plaintiff You will
rfccect and the costs paid Vhis the dsp postion
OF the suit in the Supreme Court The writ ne ereaf
against him set aside by the Court the injunction
TO restrain him from alternating his property set
esdr by the Court the injunction restrain MIN
coming TO any place where hs wife set aside by
the Court. This first vexstious suit therefore, was
abandoned and the costs paid These proceedings to
restrain his liberty and control him in disposition
Q; his property ana personal all Of which
we're tanned about the time all aside by
he Court and the only remaining injunction the res
an upon his prtce edDge In Pen psylynis
ed by the judge who isued 1T and almost every in
issued thsr) That only was retained and an sp-
peal was taken to the 5uprene Court which has
lot yet been argued This present suit the third
be Transaction, to which Ihsve alveted-s suit taking
The place to extent which originally provided
for complaining Of his adultery, charging him
with the commission OF great number OF offences of this
der crpon TO the particulars Of which shall call your
attention In few moments To this suit we put in an
answer N which we deny this charge and In which We
recrimnate rs We have right to do upon the plaintiff
ne original charge iretuted against her in Pennsylva
MIA. ana such additional matter subsequent evidence
of the pleading to which l have last aiyerted,
n coipg the material inquiry f,- you. the first
inquiry for you will he what the precise issues
which are to te presented to YOU And in relation to
thi will say that far the issue in respect
aimony do not propose at present and probably not
at all, to trouble you with any remarks. There
ether s. d more important sues in the which
must pass are OF which il will be your duty 10 de-
eide do not think there will be any substantial diff
terence between the counsel on the other eide and
self IN respect to what the Issues which you
70 raSs. propose to read them from this printed
beck Of proceedDgs ct page 276 for The purpose of
bling you TO see what the questions pre-
tented TO You for trial The first inquiry is whether
tbs def.rdsnt in this action since his marriage with
the plaintiff in this action has committed sdul-
'et-, - IN the complaint IN this action charged.
Gceordy, whether the said plaintiff and the said de-
1T both inhahtan Of this State az the time
~ he comrisiou Of such adultery by the said defend
AZ Thirdly whc' her such adultery committed by
= I deierdsn within This State fourthly whsthsr at
tie line cf The commission OF such adultery by tn
sad qeendrrt within this State. and also 1T the
tiua II tie cermtrceiaent OF this action the said
rlalHtin was an sclual inhabitspt OF tas State.
do not eyy tist the last question becomes particu-
l2ily mportant the trial of tina TIE plaintiff,
upuorbteGly, ntatitsnt cf this state ct the
ul filing her bill ahe iuhabitant q this State
4, express iroyisitn cf the statute TO watch refs
may be r1sde The second revised statutes
Ab-provdes that whatever may be the residence Of tho
husband In Of sdultsrv the vile Ds, -ht to ME
pl in ter where the offence has bean commit
rA IL ills state srd where ne Injured psry n scuaiy
Tt5btsnt Of tlis state don't thItk theIe VII be