The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-15
The Forrest divorce Case.
SUPERIOR coURr-sPECrAL TENN.
Before Chief yustics Oakiex

b,.gar RESPONDENT TO AMEsp rax sxcsynoxs
Jas iA-ln the Hatr Of Catherine ~ Forrest, Rsspou
yu, ~ kd'cin Forrest, Appellant During the peudency
sn argument for new trial in this case before the
ksnes, Term Mr. For rests counsel was served with No.
ke Of special motion to amend tbs exec ptons before
~ ief Justice Oakley.
Mr. oConor stated at in settling the case Of the ex
esptons he had overlook the fact that an objection
should have been made on his part to portion Of the
testimony Of Capt Calsait appears that he
<c"une objected to The witness answering whereas il
the witness himself who had objected.
Chief Justice-What is the object of the notion
Mr. D Conor-Ny OBJECT Is 10 make the witness make
tire objection, and not the counsel.
Chief JusticeTbe would be to n, Axe the
application 70 the Court Of General Term before which
the case Is now pending never knew iussauce in
when the case before another Court
The parties then retired.
GENERA L TERN.
Hen Judges Boswor,h and Woodruff presiding
Counsel then came before the General Term.
Mr. Van Bu-en-Befofe you proceed, Mr.. toConor, let
me AJAX the Court to take reerence unde the sixth point
folio 900, WIZ made other offers Of the same char
ter. under thee point, and excluded.
Mr.. OCanor Court pisave. dunng the presents
my ATTENTION drawn for the arst time, to statement
contained in the bill excep ions which end Is untrue
It's part Of the bill of exceptions offered by the defend
ant snd not proposed ded by u.s. and passed
$40 s,tso 1t ia and fase and IL my object
70 sss this Court 70 send the tiAo exceptions before
NIT me will state The masH Is at point twenty OF
the de'endants points Mr. oConor was proceeding 10
Mr. Van Buren, asked whs disposition the Court had
mr oCsnor then read the twentieth pom. of the de-
Point a0.-The Court erfel in sustaining the obec,;on
OF plsln,ds counsel the witness Granbey C4lcraft
answering the questia asked him by dsfendants
sell TOR What purpose he hsd vi,ied Mrs. Robinson.
IExcspscn 10. ,35S) The objscti IN put oa the
ground that it would degrade the TIE prvi.
ege OF retu ing to answer rested the ability OF the
Witness 70 swear that the ans would degrade hi
The Court should, at mos instruc'et the wit ue IS
% nis privilege and sustained his objection if he
Tho motion Of counsel or respondent is, that such an
objection taken and that l. was the witness wno
objecte and the counsel The counsel who drew the
case Is epared by aada viz it happened
Mr. Vsa Buren-we have afhdavits to chow that
II Is correct, and suppose T. is late 60 back
correct the amendments to our exceptions. We cisn
tIst the argument before Honors should 60 througr
called the attention OF the counsel the point
THURSDAY and Friday, ard sde reference it in
court heard nothing OF it until Saturday afternoon
when sas preparing to leave my office, got note Of
the application.
Mr. 6conor-I have abundant evidence to chow that it
he matter IN exceptiop IL false don't who
f5e tff isvit that it Is
TIE Court saw other way than to suspend the ar
Jus.se Will entertain the motion on the exception and
amendment before him. II it before the Chief JUS
t.ce Vie argument before US may stand over Until to-
MIR OConor-Thls particula, exception not touch
anything fke IN the case and think shall get through
all have 10 say to day the other motion shall not
sps az to this exception IL was pure slip and he
could explain the matr TO the perfect satisfaction of
the Court If his Court would refer the other MOTION
on the txcep,icn-to Judge Oakley to- morrow, he will
dspofe Off very quickly. He-counsel-ad not require
that Mr. Van Buren, should 70 low him in bis CLOSING
gunen in this until that little matter posed
OF If the Court please will read the affidavit.
lie CerGt-We understand that your afEs avit states
thst i 10 an error, and the affidavit the other side
states that IL II not
NJ. Ssl Bnrer-Precisely.
The Count ruled that it would be better 70 the
point IN dispute before the Chief Justice il
tsr!al one.
Mr.. Van Buren, suggested that the Court should send
tie whole CT the points before the Chief Justice IL they
set tksre of them whica he fMr. Van
Bsrea} night wish 10 have AMENDED.
The sut ject was then dropped the understanding
tina. hs twentieth point OF DESCENDANTS exceptions TO
Be a.gued before Jucge Oakley 81 10 O'Clock the
morning.
touneei FOG the respondent then continued his ergu
nent against the motion for a Trial adjourned.