The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-12
The Forrest Divorce Case.


Hon. Judges Duer Campbell aud Hoffman, presiding.
DEC. H.-Edein Forrest, APPELLANT CasAine ". For
rest, Reponden. Mr.. Van Buren, moved on the above
case on the part of the appellant
Mr. Chase said that at tho present time 1t happened
that the counsel who to the case for the plain
tilt was engaged and therefore he must ask the indul
gence Of the Court TO let the matter stand over and he
supposed that what had happened in the pre-
viousy to this time between the learned counsel mr.
Van BUREN, and himself he would press the
Judge Duer-Whst il the difficulty OF course unless
the opposite counsel consent to his must state
reason Why Mr. q Conor cannot attend to 1t.
Mr. Chalel hope the opposite counsel will not put me
to necessity OF stating matters that occurred between
US professionally In refer to his which would
render IT very proper that be should assent to request
to the Court.
NE Van Buren, move on the case
Mr. Chase stated at .epgth the history of the previous
Posponements Of the case and said he thought he could
with justice, ark the learned counsel to call upon the
Court TO grant this notion but he disappointed in
Judge Duer--counsel on the other side must say
whether they assent otherwise you must state why the
counsel Is not ready Mr.. oConor is engaged in
other case at this me OF course This must aside with
out prejudice.
Mr. Van Buren-If the Court please don't understand
now is elaborate statement that has been made TO the
Court in reference to previous posponements This
years ago this day. The judgment has been rendered
about four years and decree Of divorce fgiven al
which would now amount to about l2,6oOE
counsel fees being, Of course, included in the
luOKment. MOI y cent mas Deen paid TO her.
In the meantime the proceedings have been
stayed BY appeal and believe he Court will bear me
witness that motion has been made the case
or trial commenced proposes to be commenced that
has ever been denyed or postponed at my suggestion
Arrangements have been made from time to time out of
court, grant, by which the not brought on.
But think It realized in any court at any
time that was not prepared 10 argue and try It, Mr..
Van Buren, eventually suggested, that II Mr. OConnor
were nnw gagged and that eng cement Of such
character thai 1t could not be dispensed WITH possibly
he would att nc to and the counsel for the APP
peHant would be quite wiling to this t0mor.
row, even thursday It could be argued in two days
Mr.. Chase sad Mr. OCon,r bad informed him this
morning that be could not be ready for Thursday.
Duer insisted knowing what the nature OF Mr.
OCOnor's engagement was and refused to grant post
ponement unless the counsel the other side consented
Mr. Van Buren, would not press tho case II Mr..
oConor sent word that he had engagement that he
could not dispen with he did not either to take
1t by default or TO inccmmode the opposite counsel
Some further Ion ensued which ultimate
~ Terminated by Judge Duer tapg that he believed Mr.
UConor was now engaged in preparing argument in
case involving vast amount OF money which to
be argued before Judge Campbell and him Judge Duer
on Saturday, and he {the Judge) acng profess
sioDay he would advise Mr. Van Buren, 10 this case
60 of.
Mr. Van BurenCertainy It the associate counsel had
as much knowledge Of Mr. OCouor's engagements the
Court, should have agreed to IL before.
The case, accordingly, went of for the term.