The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-15
INTERESTING DIVORCE CASE.

Our Canadian Correspondence.
PIT WILLIAM HENRY BEREsFORD vs. MRS. EMMA
CATHERINE BEREsFoRD.


motion for the second rendiDg of bill granting d.
yorce were Of an extraordinary and novel description
not only with reference TO its purport and object but
because similar this province have hitherto
been based upon the judgment of court OF justice and
the evidence which had been there adduced The history
of this unfortunate affair to found in the preamble
TO the bill itself which is entitled An Act for the Relief
Of William Henry Beresford," late a Captain in Her
Maesys Rife Brigade who, it appears, was married IN
July 1850, to Emma Catherine lawrence and who lived
together as man and wife until May 1s5lthat unhappy
differences caused by great violence Of temper and un
comfortable bursts of passion the part Of the said
Emma during which his life endangered, rendered it
impossible for them to continue TO reside together and
that it was agreed between them to live separate, in
July 1861, at which time she left his abode with her
brother to return to Halifax, in Nova Scotiathat in
the early part of last summer the said William Henry
Beresford had to believe his wife had carried
una wful ia niarty and criminal intercourse with Daniel
Gallagher servant in his employ previous to the separa
ton referred to-hat while he taking the necessary
steps satisfy himself OF her guilt and obtain proof
thereof at Rochester, in the State Of New York,
which she resided with her brother he had been led to
believe, she disappeared from her residence and
traced that city, where she and said Gallagher
living and wife, whittier she had gone to be de-
iyered of q child-that after being discovered she
urned to her former residence, and in August last
delivered Of another child, which died the 3oh Of
January last
The preamble goes to state that, owing to Gallagher
residing of the provinces the said William Henry
Beresord has been unable 10 institute legal proceedings
and he humby prays that the said marriage might be
dissolved enable him to marry again. and that
he might have such other relief should be thought fit
It then enacts-proos of the said above recited facts
having been adduced that the said marriage between
the said William Henry Beresford and the said Emma
Catherine Lawrence his wife, shall be henceforth null
and void the is hereby declared adudged aud
enacted to be null and void to all ntens and purposes
whatever The second section makes il lawful for the
parties contract matmony with any other persons
with whom either of them might lawfully marry in case
tho said marriage had not been solemnaed and the
naming section declares the issue of any such marriage
to be legitimate.
The first witness examined vac the High Baif Of the
city of Hamilton who testified that he served copy of
the bill and order annexed Emma CatLarine wife Of
Captain Bereford the 22d March last-being unable
to DO personal---very. leaving it with Daniel Gallagher,
who living with that lady 10 sGall house about
two miles from Rochester in the State Of New York that
he had known her since August 1851, when she resided
at Hamilton in Upper Canada; that he at the said
house the LIST Of February at the time of the funeral
of her infant child and that it was her place
of residence that Gallagher the coacbman of
Capt Beresford, and driving her in carriage
Sunday which occasion he had warrant to
rest her her house. he said had pointed the
dwelling of Mrs. Beresford by farmer Of the name OF
Ieggett who lived in the immediate neighborhood; he
had understood in August 1851 that Mrs Beresord had
separated from her husband; had been told by the
Captain himself and it besides subject OF general
notoriety Gallagher had previously left Hamilton, but
returned anterior to the separation taking pac bet
the parties his object in attending the funeral of the
child to point ol Mrs Beresford to person who
accompanied him.
Robert Leggett was then sworn who testified that he
is farmer living in Monroe county in the State of New
York that his family intimate with Mrs. Beresford,
having called upon them after her arrival in the
nejghborhood and that he had known her since August
1851 stated that she the wife of Capt Bereford
that he resided about two miles from Rochester, and that
the house in which she resided eighteen feet twenty
four and story and half high; young man Of the
name OF Daniel Gallagher had resided with her since her
arrival, in 1851, and there other person
inmate Of the house during that period to his know
ledge except her brother, hom New York, Who
he knew the last witness. and had showed him Mrs.
Beresfords house about the first of February last aud
hester about week since; the intimacy between that
ady and his family had continued uninterrupted till July
nature to enable him to know who were the inmates
Of her house, which in the Of and not more
than forty feet from his the last time he saw Gallagher
in and about the premises the 2st 22d March he
there the day the papers we're delivered by the High
Bailif and witness was positive he resided with Mrs B.
that Of Mrs Beresord that lady had refused to receive
visits since August last number Of ladies who called
had been refused admtance-two, however, have got in
accidentally the house kept almost constantly closed
this proceeding was attributed to Mrs B having had q
child, report of which had been currently circulated
Captain Beresrd had not been about Rochester his
knowledge, and he did not know him.
After the exsmiu alton Of this witness concluded
and three bills reported which had been sent
up by the House of Assembly, the Council adjourned till
this afternoon the further consideration Of the BILL being
made the first among the orders of the day.
The witnesses we're examined at the bar, which
was seated Mr. Stuart, member Of the Assembly, who
who wrote down such questions he deemed it expe
dent to ask These rent up to the Assistant Clerk
who repeated them to the Witness and the Law Clerk Of
the House wrote down the replies. should say there
not more than fifteen sixteen members present at
any one time and before the Council adjourned this
sci had finished putting questions to witness, Others
suggested by MEMBERS were submitted through the As
sistant Clerk
The Legislative Council yesterday, after trsnsactiog
of the bill for the relief of William Henry Beresfor
Beck ESQ., attorney at law, residing in the city Of
kochester was Examined At the bar Of that body He
at his Office Charles Clarke Esq, of that city is her
agent, to which gentleman the witness had paid
three quarters allowance from her husband which
derstand, was 81 200 per annun, but which was dscon-
tinued.
tice of the bill and order Of the Legislative Council upon
Mrs Beresfor and was requested by Mr. Clarke to
to Rochester did this but was Unable to see Mrs Beres
ford who, he had doubt in her bedroom the door
of which locked he therefore handed them to Gal
agher who Immediately after he left the house. threw
them into the street That officer deposed that any at
tempt to the papers personally Mrs. Beresford
would have led to breach Of the peace The witness
stated that very udable exertions had been made by
the Rev. DR.. Van Ingn the rector of Grace Church. at
Rochesterwhose knowledge Of her from the circum
stance Of being called upon in February last to bury her
chid-to induce her to abandon her present unhappy
mode Of life.
Capt Beresfords counsel having established the service
of the bill and accompanying order in the best
practicable, the Legislative Council adjourned making
the second reading Of the bill the first the orders OF
the day for Monday, when Mrs. Lettuce H. Dowd, D.
Of Mount Hope avenue Rochester who present with
Mrs. Beresford during her confinement in August last
and housekeeper Of Capt Beresford, who attend
will be examined 10 support Of the facts alleged in
the preamble.
have made inquiry to this lady, and understand that
she ia under thirty years Of age rather handsome and
fascinating in her manner She is of humble origin,
however Capt. Beresford belongs to of the most
arisocraic families in Ireland, and is closely allied with
the highest dgntares Of the Church establishment in
that country.
APRIL 8, 1853
Rail-