The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-18

1eptembcr of l853 upon ssoeranng that she had been
letter Of reputation, and from that time he has
never applied to her 50 nueh IS ths term
ton were drawn up and he is in fact an unmarried
and widower bat the proof yin sho~ that she d BY no
means practical .idcx although separated from her
signed that her subsequent acts Of adultery
Iicaied to hD from ,iue to time Conscious that rst
Of nduct would lead to the supposon that mad
forgiven her For instance, sfter leaving her friends
sunecwp Tbs husSsnd would shut himself up in ! se
psrste apartment and she would leave in the morning
Bere Mr. ssoughton whispered something to the
sci. after which he continued as follows
stand corrected that was before the separation.
Since the letter Ct separation written. am just
never stayed in the eame room, except 1t be
q court room they have never been together
Of evening" and thoogh stands In tho relation
wfs to him there ia not money influence enough on
the face of the globe to nauce him to sub nit himself
the touch Of that MOI leper And be now comes be-
fore you to ask to slit the evidence to weigh i
ddy and aid the Court in delivering him from this body
OF corruption that tans the atmosphereu which she
brought disgrsce and oppru oium upon him. Luckily
It for bum that he presiding over religious bocy Of
You that 1t Is important for him TO be del
Cd rcm this vie woman and have no doubt but that
the law, lai down by the Court and all counsel
say extenuation Of that which allows OF apology,
you will Dd that she has been guilty of crimes sgaost
the social reaio those crimes pspetra ed
without plaintiffs . knowledge privity procuremsnt-
that has not and will forgive those ofeusss and
viii never i've with her again no matter what the evil
Mr. Grard ons Of the counsel for the defendant here
arose and said that he had just heard Of the serious i'll
OF Mrs. Cox 1t Is, added Mr. g., t, q matter Of
great g1et her presence IL very desirable a this
particular time There is lady here who Is ready to
testify to her sickness
MIS-. Rebecca Sherwood was called and having been
sworn, mads the following state nsnt:-
live in No. 203 Twenty. recond street
Qusstien-Do you know Mrs Coxp A. Yes, SIR; she
resides at No. 50 Christopher street, called there this
morning to come to court With her aud onnS her very
to Twentieth street and then she wanted to for
dcctor ard told her my doctor would not be in until
three o'clock that night she then asked me to come
down and tell Mr. Byrnes she very Ill; found
in bed with pain IN her head-A roasting fever,
thought
Q. Do you reside in the immediate neighborhood of
Mrs. Scott A. reside in Twenty. second street,
O. Do YOU know whether she has been in the habit OF
wearing blister pss srs? A. don't know.
@ Where i'd yea sea her last saturday, A. She was
at my house she WAS apparently in good health tnen.
Q, Did You 20 for q ph. sicians A. No. sir; was to
60 after got back:
that subject o. sudden sickness have been expect
ing something Of that kind.
Witness think she Il sick and that II e nervous
Q. Intimately? A. Well, / have besn intimate with
her; have visited her house frequently.
than either Of the gentlemen on the other side You
have documentary evidence, hsve you nots
Mr.. Schafer-Yes, sir; but We snail try case In
own way. We have witnesses to prove that this de-
fendant never expected to be in Court.
The Judge-That s not materisl. Certainly should
never Try :hs case this woman is unable to be In at
tendance.
Mr.. Grard-I hold in my hand very lengthy deposit
case and propose that they shall 60 on With It, and
read the evidence In their possession There Ia nsces
Mr. Schsfer-Before this motion or request is disposed
of BY your honor, would like TO put Mr. Cox upon the
stand and We would show that this sickness is al
fhs Judgs-you can't show that, sir.
Mr.. 6iraId-I ask them TO 60 on with their depcsi.
sss1 = sAe marsiass asd shs asSs thsssG =
The JHdge-The IL NO use in INDUCING any further in
this strain OF remarks. That the evidence Is sufficient
the adjournment Of this present is clear
enough. II the gentleman don't think proper to 60
With IT we xil let i stand over TIL tomorrow, and
and have evidence from quarter that he would mot
suspect
lacy, with very system and would Be likely
affected by being present in Court during the trial Of
Mr. stoughton we sal .,e R right tin in relation to the al
legged illness Of this woman and should turn thst
her was eenea is the least tha. We should oe
attendance has been procured at crest expense to the
plaintiff.
Mr.. Byrne-Go on, gentlsmeu-go on.
Mr. Girard-we we win consent to 1t; and bring
up your witnsssses.
This ended the controversy and the first witness for
Backan, and her testimony Is fo ws:I reside in St.
Mast place am 60 years Of 'gs know Mrs Cox BY
Q. What was her maiden name before her marriage
plaintiff could not 90 behind the marriage bring
proofs mat which took place previous to that event
tent as it was intended to prove that she went BY dae
rent names at different times and thoroughly
versant with all the arts Of brothe life.
The Court said they were not at liberty to go behind
the marriage prove acts before that ruled that
the question vaa proper ana admissible
WitneessMy brother married the sister Of defendant;
her maiden name Catherine Fletcher; her sisters
Jane Fletcher: don't know her lhsr's
nams don't know that Ellen was any part Of the name
OF ceendan Inever heard her called by thai name,
OF her recognising it, her sistere name is Mrs. Jane
swift; saw Mrs. Cox last week when first became
A. No. sir.
Francisco, and which taken under commission,
lere read follows with the replies to the uterro
gatories:-
reside city Of san Francisco in Chatham pace am
asg;sho,d % tsslas house.
resided in wostsr street, left the New York Oct
sr KIN s sSs Sss
Fl sH As
ssa ss sf s'sssss
sPs ass,ss
Of r RhaIS Coz os ss su.a' during hs latter
s. ss a's, sapss
fs
G xs 1s be sSsa s s .sf R
cbaId tox. said sunday, morning to. the best OF
my belief. In Zion church, New York; was
then on my way TO said church, and when l arrived
be engaged in reading service which partly
church the person referred TO In the annexed commits
sior, and Catherine Hrown but the 18th day
OF October, 1855 marredto Myron w. Alan who
my husband. presen name Is Catherine Allan;
rot Of anything further to the benefit OF
said plaintiff.
Cross lett the State of New York l.
1874 Star Of the West arrived In Calfonia
October 81 1854 IN the ssesmer Co,ez tor three prior
10 departure from New York lived In hq city; Oc
tooer s5l until 1852 lived M No. IS Laul street
nom that time until lett New York Tor California a. No 100
Wooster street, with the family Of Mr.. John Graf; during
al the time the names OF the inmates OF the house are Mr.
Mary Gran, jean II. Graf, susan Graf. henrietta
Graf and Harriet Minor, servant gr my occupation IN
each said places commenced the times have last spoken
o., and ended when lett for California become acquainted
With the plaintiff about eisht since in the city OF New
i0k; became acquainted with Mrs Cox Immediately efer
her marriage with plsinh IN New York am best scqnain