The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-03

nance there being occasion for the hag OF such pe-
tons Though things would in themselves ha
been sufficient have exaggerated Mr. NJ yet thsy
by no means all Of the provocAtiops recsved for while
attending the taking OF testimony Friday evening to
whca he had been duly cited Mr. took occasion to
insult my emit publicly an' grossly without cause by
ence He had another and fasl for in 'ignston
When MIR George Seldom the brother OF his wifss father
came on sthis Ar Morgsns request and by his advice
and intervention had sought to reconcile the wife with
her husband their counsels were overborn by the adj
vice OF Hone, until SUNDAY, when Mr. obtained in
But a stop here On the Tuesday folio wing
after knowing that this recoIcion has been effected he
seeks interview with Mrs Morgan, the day bsfore the
assault and attempts dissusds her by stating
| promises made by her husband would be b. ling upon
him after TER. he had once more got her iato his
and his pledge would most certainly be brokea SUCH for
instance, promise made BY him that she 81 Md go
Paris ard visit her aher and also given relation
to the naming Of aer child These facts coning the
knowledge Of the a'cused excited him against ~ Hone
and resulted in the attach of "Wednesday moroiag We
therefore offer these facts mitig alton In relation to
the younger of my clients, Mr.. Mathew Morgan, Jr,
of his brother. and aiding abstsng in tho same
sas by negectng interfere by preventing the attack
viii ADMIT that when his brother chasi.ed Mr.. Hone
he said that he approve it. But when Mr. Hone said
in expostulaton Mr. Morgan, F." wu you strike old
y Mr. Mathew Morgan desired his brother to dssiss
and he did so c,rdpgy. l will lay before your
Honor the following documents, which are submitted by
| the Defence
i corpus sworn on the 9th OF september 1858.
| "a The deposition OF W. K. Morgan under oath.
Sd The deposition OF Mathew Morgan Jr, which IL also
| subscribed AZ d sworn TO-
OF these two latter documents have bsen enabled,
through the kindness Of Mr. Morgans counsel to obtain
| copies
tt these remarks IL learned counsellor added N. fol-
o~iDg-ln relation 10 the allegations contained in the
petition for divo &C. we may say that Mrs Morgan in
oI ned Mr.. 3. that both statement being
strained Of her liberty and also that of his h.btual i'll
treatment false which allegations were notwith
standing retainsd, contrary the Mrs.
Morgan and against her assertion they FALSE
wal now proceed to read the statement OF these gentle
men under ca b.
The Aorgsns' sffieavits then read
AFFIDAVIT OF WILLIAM Y. MORGAN.
William h. Morgan Of New York, on oath depose and
Any difficulties which have heretofore existed between
this deponent and his wife having been entirely
ced this deponen does not deem it cessay proper
to make any allusion to the circumstances attending
them he BY no means ADMITS that he has ever
been guilty Of the gross vi04ons of his duty nus
ban and father which have been charged upon him.
This &c oner says that 1t time has his wife been
pfsoned restrained of her liberty by him. but the
rary has been at all time, free to go and with
out restraint from this depoien ana especially
the day before and hedsy when corpus
sued against this 6eponen his wife large
and free 70 go wherever she might choose, and did
ally without restraint TO the hotel whes Isaac
S. Hone was staying and did have interviews with the
said Hone ard his family that when the said Hone
made oath that the wife OF this opponent imprisoned
RESTRAINED of her liberty las mace oath to that which
il fact nc. true, and which he, tina said Hone I'd
the very bsst means of snowisg not true That
returned from the steamboat wharf to the Touro House.
in Newport where himself and family then staying,
about half past une o'c ock 10 the evening he
costed in the hall by Iaac s. Hone who asked, III this
Mr. Morg mp ssd then said that the Sheriff
to take depc nens wife and children away Belle
vue house where be had engaged rooms for them, and
that the Sheriff had writ of habeas corpus for that pur
pose DeponsLt asked said Hoce to walk up Stairs Into
the occuy led by deponents wife ami Children and
when said be found that neither his wife
children prepared to leave but the contrary,
that his wife was hastily packing upa small ysae aud
the which circumstances cacua ed to pro-
euce, and did produce, in tbs nd of this deponeut
susp;cica that these Irocee dnss had been insti-
gated by Nr. Hone, ard that they without the
knowledge and consent Of Opponents wife, which
iicion afterwards confirmed by Statement, this
seponert by his Wife, in confidence that the writ Of
habess corpus obtained without her knowledge and
consent, and that when tie officer to the
same she was taken entirely BY surprise having retired
for the night and being actually in bed the opponent
then asked The Sheriff to allow him TO ,hs by
virtue Of which his wife and children to be be
taken him. Deponent will uodsitak to
give The words in which this request refused but
he is positive thai il refused, as we'll when
1t first made upon or subsequent occa-
sons nheA It was repeated and that the officer AMI the
parties with him depar ed ith sns wife aud chill
after having three times refused to
nj The by virtue Of which This act DONE
This deronsnt learned with surprise the next morning.
H. sell II at the writ did not apthorss Off
To lake the child and THE fact tended convince
ae deporens that the parties who bad thus intersrsd
bis me site affairs not coa.ent to execute pro
per such ls; al process they but de-
tern md 70 separate this cepon.nt frcIn his MIL at
al events ard whether they had legal for Their
co. Duet or not This d-panent attempted to ga n tims
and to have opportunity to consult counsel; but
summary were the proceedings that before Mr. Crauon
for whom he had sent, could arrive his wife and children
had been removed Th, deponent rays that dursg the
time wh.n his wife AID children being removed
above ttatec the language of this said Hone rds
this deponent OF violent and a5u.se and
very offensive to this depor the more So a.
Mr. Hcne up to this tin was an entire stranger to this
deponen and during the whole time VII. dsponsnt Was
feekpg to obtain this plain right Of citizen Mr. Hone
upon whose application the Issued AID his
eel Nessrs sh, field ana Perry present. and neither
Of them made any suggestions to the She itf that he
ought to comply with the request Of the deponen until
after tie sheriff was about going down. had down
stairs with deponents wife and children when Mr.. Shelf
field rsma he'd that there improperly in dtpo
neDts seeing the writ but then writ shown
to him. The next morning tais deponeIt appeared be-
fore the Court Then the Judge erdSd peace and
reconciliation lie repeated this aavc' more than once
and seid be hoped be would hear Of the matter
anc eDoined upon Rev Mr. Damont under whose charge
depopsnt wife and cbdrea had placed, Mrs
Morgan and eDdeavor 70 bring about reconciliation and
to allow this Opponent to his children and
with them freely on all suitable occasions; that within
an hour Afterwards this eeponen hoping that all parties
would be disposed to adopt this isoa OF the
Judge and being dspo ed himself to overlook any inju
ries which no had sustained called at tbs Bellevue
house and Inquired for Mr. Zone and said to him that he
had called 10 res bis (depopenVs) children Mr.. HIVE
and deponeD then went up stairs into the hail. and Mr.
and children and brought out deponents little
girl into the hail. that the deponent might there have
an wtn hs cne 10 place Mhsrs any o. hs
were. likely to pass This coaduct On the part Of Mr..
Hone the deponent then considered, and considers
ioce icate in he extreme and insung and then be-
ieved, and COW believes, in,ended b. he sad Hone
to annoy and exasperate tho feelings Of this deponent
prevent the Cancellation which the Court had
mnended This deponen protested against this
duct and obtained admission to the with his
cblldren, ard had been With them only mo-
| ment paJ ing with them and caressipg them, when
Sr Hsne drew from his pocket pa and said Coms,
Mr. Morgan, enough Of this let proceed to busues-
waLt 10 read you statement of facts y words to
that effect To which deponent replied, Mr. Hone, the
last words OF the Judge words of and
Citation in that spirit have here to my chill
dren and wish to have nothing to do -ita business"
And deponent refused to hear the paper read The man
ner Of Mr Hone such and opponents interview With
his cblirep iried and Of 80 mortif yag nature,
that depone,t by advice Of counsel, well upon his
uds ment not avail hmte OF the ri yht
tf feepg his children until he could oppor unity
complain to the Judge and have the order enforced
that deyoI could have opportunity - his chill
dren sithout being subjected to similar morhc ton in
future On thu Friday seeming after wards when dspo
nent in attendance upon citation to attend the TAX
ing Of testimony petition for divorce which had been
filed by bis wife agans. him. las this Go is inform
cd hslersa The And dracton Of aaid Hone