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

for those who think that divorce should not be granted
in any case to vote against the bill.
Mr. Stuart counsel for Ca pt Bereford after stating the
nature Of the application before the House. went into
Of the under which that gentleman
came before the legislature and he expected the
facts should be supported by evidence there could be mo-
sout Hst the present was case requrns is
renee in 1850 and the conduct on her part Of Which he
complained took place at Hamilton, where he had taken
up his residence permanently ABOUT six months after
his marriage circumstances occurred which created in his
mind sense of injury, from quarter from which he
could least have expected it, end suspicion aroused
that one Of his domesics habits of intimacy with
ms WIFE, These he cor cealed within his own bosom until
suspicious we're we'll founded or not Il was not ony that
injury had been thus inflicted but the life of Capt Beres
ioIa had been endangered BY the which his Lady
adopteo ana which, 1t would appear in evidence, OF
nature to render existence inolerable In this emer-
gency he adopted the most prudent course and consulted
with clergy man OF the Episcopal Church. to which he
belonged and subsequently applied to his law adviser
The advice he received dismiss the servant from
immediately upon learning that such was his Intention
gave way violent burst Of passion and to-
leave her home Capt Beresord however rersisted and
the left the house. but we'd BY the lady
question who her return resorted acts of vio
lence of serious nature towards her husband She At
tempted to obtain possession Of gun which In GAL
Rhers apartment and being disappointed in this seized
whatever article WAS within her reach She threw
tumbler at him. and with silver candlesck laid open his
head to extent which endangered his hfe He should
not he said enter into any further detail evidence
would be adduced to that effect but would proceed with
that portion of the connected with the residence Of
hrs. B. in the United States
As the events had occurred TO which he al
uded Captain Beresord thought the best to be-
pursued was to inform her broher-but with whom he
was not acquainted-who met his sister at Hamilton,
when she left the residence of Captain Bereord and
ceeded to Rochester Until this time that gentleman had
proof Of any act of infdey the part Of his wife,
and after their separation was DESTROYS aordng her
the of subsstng in respectable manner aud the
alowssce he made was paid through Mr. Beck who had
testified to that effect
While Mrs. Beresford residing At Rochester infor.
nation was conveyed 10 plain Beresford that
taking place where his wife had fixed her do
ton, who then ascertaned that Gallagher was living
with her in small house. and that there were no other
Hamilton. would be proved he said that Captain Be-
reford left Toronto sub to the separation
taking place during the twelve months which preceded
the birth Of the child in August 1882 and it would
be in proof that from the time of Mrs. Beresfords arrival
at Rochester Gaagrsr was residing with her and de-.
apparent that Captain Bresford imperayely called
upon to pursue the he had adopted the present
occasion TO prevent an iegimate child being imposed
upon him his offspring In urbefance Of which object
Mrs Beresfod had to clergyman at Rochester and
had the child egtered that Of Captain Beresford and
which, of itself sufficient warrant his coming for
ward he had done The learned counsel said he should
go further and would produce female practitioner in
the neigh borhood Of Rochester, who person of
high responsibility and had diploma, who attended
Mrs during her confinement upon the application Of
Gallagher who took her to the house she Inhabited by
route which calculated to render it cut IS he
supposed for her to determine its locality Gallagher
it would be proved present during her confinement.
Conversations had taken place between Mrs. Be-
resford and Mrs Doud the practitioner alluded to which
ne should not detail II was sufficient to state that the
that that lady had been delivered of child in August
last that every attempt had been made at concsament,
and, finally, that she had attempted to pass is oil as
that Of Captain Beresord's.
After reading letter from her brother to that gentle
man Mr. stuart went into heightened argument to
establish what is the law of England relative to DIVORCE
and enumerated the contrary and opposite decisions Of
various Roman Catholic councils on the subject ana con-
longing to that Church might regard marriage as scrs-
ment, which only the Pope can ann, yet the parties
a.; Drn+a Nc nat I'd
and entitled to be treated in accordance with the
laws Of England and those in existence in the British
colonies lie about call the High Constable of
Hamilton in proof of what at that place. when
q motion made to adjourn aud the remaining test-
mony with reference to the merits Of the BILL will be
adduced to day.
The Speaker other members Of the Legislative Coun
Gil French Canadians aud will probably oppose the
ultimate passage of the bill from religious crupes in the
same as they protested against the repeal the
usury laws considering the right which every pos
to do what he peases with his being con-
chuIych. ''p' -N : fp'''''''' : - '''' ' ~
The high Baf Of Hamilton who, it will be recolected,
had been previously examined to the service OF
again called to the bar Tuesday, and testified that
in May 1861 he Chief Constable Of the city of Haml
where tain and Mrs Beresford that time resid
ed and wifi. that in consequence Of application
which had been made by that gentleman he directed
was to Be that Mrs. ms
Daniel Gallagher about to leave the place. to pre-
vent which tie witness directed to remain in the
house all uight On arriving there . room appr0-
prated for his reception which had been occupied by
that individual previous to his dismissal from Captain
BeIesfords service During the night he frequently
heard noises and informed by that gentleman that
they occasioned by his wife, who threw tumblers
any other missvs within her reach 1t his hesd and
that It impossible avoid her attacks she would
follow him when he retired. The witness Mrs Beres-
ford repeatedly during the evening who appeared to be
in violent passion On occa,i ion he her strike
her husband with heavy candles lex giving him three
blows before the deponent could interfere who however,
severely, and which 6led profusey. The oascer then
forced her into room and locked her in During these
exciting scenes Captain Beresford he stated was per-
fecty passive and endeavored to get away the
furiated woman. Mrs Beresford subsequently, re-
leased from her confinement and waited the officer to
take her to Jail He said she evidently had been drinking
but he refused to arrest her for that purpose and her
outrageous conduct renewed. There we're two guns
in the room in which the officer was placed which ser
want for by direction OF Mrs Beresford who had
previously expressed her regret that the blows from the
candestick which vas heavy silver one loaded at the
bottom had not killed her husband He refused to deli
yer the guns one of whch-a double barreled one-he
ascersaned to be loaded The sent for them
second time and, not obtaining them, Mrs. B. came
herself with the servant and both Of them attempted
get them The former made violent effort to get pos
session Of one Of them, SO much that she complained
Of the officer having wrenched her in forcing from
her. At length she proposed to accompany him to his
residence and at three O'Clock they left the house for
that purpose and remained there till O'Clock the
next morning II Capt Beref ords intention to have
procured warrant for her apprehension early in
LEFT the High Constabes and returned home home il
could be called, where
For her no more the cheerful hearth shall burn,
Or busy housewife ply her evening caro-
NO children run to lisp their sire return,
Or climb his knees the envied kiss to share
warrant having at length been obtained, the officer
proceeded to the house second time where he arrested
Mrs Beresford and committed her TO jail On their way
thither in carriage they met Gallagher, whom she
called and said to him. Dan be good boy. and take
care Of yoursel:I shall be soon She was subse
queny bound over to keep the peace baed out and
turned to her resdence and afterwards the
witness understood she left under the protection her
brother afterwards the witness saw Mrs. Beresford
on three several occasions ut the Arcade at Roches
ter twice and third time in company with Gallagher in
sleigh; he subsequently her the Hrst of Februa-
last al the funeral Of her child when he pointed her
out to Mrs Doud medical practitioner at Rochester as
the wife Of Capt. Beresford.
When the counsel had concluded hsinterrogatores the
witness stated in reply to question put by Of the
members of the Council that Capt Beresford had two
children the youngest of whom thought was four
years Of age and the other Ave six both he under
TODD born previous to his marriage with their
mother.-[ To be continued ACADIENSIS
Naval Intelligence.