The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-16
The Forrest Divorce Case.
SUPERIOR couRT TERM.
nafrra TNxas r.x... m -


Hsszshd AFFrDAvrH or CouSsEI-TnE HERALD
JAN n.-Cothar1ne NJ For est Resppndeai. rs. Edirin
FU7dt, AP1s2idnt-This mo ION to amend the
tweatesh point OF he appellants except in which
II stated that Mr. 0Conor objected to Captain Cacrs
wtneas on the trial (sipce decessed answering
tain QUESTION Mr.. oConer conenes that the objection
was made BY the witness ard not by the coansel He
reed the following afRdAvi';-
CatA~tne n. Hvrss, plaintiff Us. Edcis torrSsf, De-
fsNdnH-CHv and Usaty Of New Fork. ss-Cnaries
oCoser, ofsaid cy being duty sw'rr, says:Ichst ne
cause, 90 counsel plaintiff s,ley 'ntuctsd
hs thereof Add be further sal It was we'll
very Iog before the alton OF Captain CRANKY Cal
craft that questions sevant 70 tae isaac and tend
ING to degrade the witness put tion
was tie privilege Of the witness only, the right
Il IL PARTY producing him, to cect question
He further says bali exceptions in this case as
ets1 ana printed folio sos that on TIL cross
exsnaation OF sain 6rADby Cslcraf the witness was
ssSed fr What purpose be vi'ed certain Mrs. Robin
SON. and that the pl AniHs counsel objected to the
witness snsverDg this question" The depoDent says
that the pAisas counsel object but that the
witness himself cteeted Ibis deponent members
the act distinctly The peint gave rise leogthy and
animated ais susson the Cour the witness ana
psneay objected te eAia qaeson on the ground tha it
would tend to degrade him. This deponenI SAYS
hat % far % he INTERVIEWED Of sail disc lsson
II was 70 complain o. the attempts 10 cucumber the
With reevsncy and that hs in any way claimed
the right behalf # his ellen object the aforesaid
question to said C,raft THIS deoonent further
that throughout said ri his attention gwen
to sveidfng exceptions whicc might lead the hen
some and expensive ooosequenoe OF . trial than to
any other subject, and that 1t l. wholly ipossi
te feeding by which he uat.d this that
he could the obi ci3n soove referred to- SO
strcag this that repeatedly during the
trial this deponert omitted to sva himself Of valuable
evidences SLOWED by the tourt, because an exception
being taken, he (hs deponent) Imagined there
mote Possibility that's Court Of peal might deem the
cepdc0 we'll taken. This oep say, that the
btu ofexcepsions prepared III very lengthy
that more than ldu proposed 10 It, and
that the dra wing settling os such amen lulents in
vovec great amount of labor ard occupied two
years This opponent fur her says that the bill ex,ep
tons o. proposed, aimed very great number OF
was pretence clor in any thug which at
the trial, ard not ir any way sustained oy ne HERALD
report hereinafter mens"oec lhs deponent drafted the
smendments TO the provosed b OF EXCEPTIONS an as TO
the matter aforesaid did By the seth amend
nent t. insert the woeds 90 the ground that ud
tead 10 degrade him H. fur Their iEme lately
al or the word decision rs appears in he said
folio OF the said prin biz Of exceptions in
serted in he propose bill the following matter" De
tesdant offered to Prove oy witness
habits snd ASSOCIATE OF witness a. the time OF the
adultery alleged in he mplnt ,etweec The plaintiff
Court sus aimed the shject,a, ami the Defendants
Eel exsepedu This dsponeut ssys that the 74oth
aueDaneUt proposed 70 strike the said last men
TONED matter aud hat eutries i'll red lux
On the margin OF sain amendments the defendants &tor
ueys aSsented 10 both o. said scs ndnent'. This de-
Ponent cannot uct or bis erooking the fret
untrue STATE s point sressid in said
bill unless L. be that tce said repetition thereof caused
his attention to be- ~shnrawp from he This de-
poneat ssys that the said pr posed pl OF excep ions
drafted ton printed report of trial, called TIE
HE2AID Ger tilted EciUp; that the said untrue
force Of the ssid 9th amendment int rinea ion
Of sail proposed bill and rot contained in the sale
printed report This cepopent says that the untrue
staten said bill q exceptions fret ABOVE sta.@d
having ST, eeaid escaped shis deponents notice,
nat brought TO bis attention time be ore be
received the printed point, OF the defendants counsel
Thursday, January TO- 1856. That thi, depons had
previously that ne read the printed
perused the bill of excePuons not deeming such
familiarity with the facts occurring at the trial.
that said Cranby Cal,rat has departed this liz. since
said trial He iurtner says that he said bill of exce
ions Ia erropeously settled aod tnat the worcs the
plaintiffs nsei ooesteo to The wi nesss' in the sal
i356th folio Of the same printed ought to be stricken
and Instead thereof there ought be serted these
vords, T. e. tthe said witness onec1ed to- Ano this
sepoOent ssys that the bill Of exceptions, if thus
amended, would be true in tina respect This deponent
ent should iemsi p in said bill of exceptions, it may
case. CH. OCoNoR.
Sworn before me this Il b dsy OF January 1855
JANIS q. HYATT, Commissioner OF Deeds.
Mr.. Van Buren, read the affidavit of George Ment
OF the office where the printed, to the
point Of M oConors denying that he had read
theepoin until the 10Th Of January in which Mr. Ments
states that be furnished Mr. 0Conor with proofs Of the
psint The sfHdav OF Hamilton W. Robinson (Mr. Van
Burea'H pax.cer) was 70 the same effect.
Mr. Vac Buren, then said now real my own affidavit
in reference to al the statements contained in that Of Mr.
oConos, and as well his statement that there were
cepions contansd in the proposed bill for which there
was odor 81 Ireefee from hing that occurred
the 6is that hs did not object Calcrafs's
also In reference to his statement to the in
which the osse TIED to the fact that lie de-
cned 70 avail himself Of valuable testimony that
there wAs N. arrangement agreement that witness
night refuse 70 answer irrelevant questions tending to
Catherine NJ Forrest, respondent u.s. Eltcta Forrest ap
pesla.s -Csty and County Of Nec Fork ss.-John Van
counsel for appellant on The trial Of the above en-
titled oause, AID present during the whole OF said
trial. that the bill Of exceptions proposed in the above
prepared under the dire..ton and supentend
Of is depopeut and the appealed to he Gene
raj TsEm the 10th day Of Februsy 1882 that he
present ct the settlement of the and has had the
principal charge of tAe above eoitea every
sage poceedings that this oepoaent has read the
AFFIDAVIT Charles OiConor Esq., on the twelfth
day OF January 1856 rhcn an been graft
ed by Chief Justice Oakley tina. the appellant show
cause befMe him yes erdsy m rnpg at 10 O'Clock Why
the bill o exceptions should not be amended suggested
in said sfhasvit; that IN to the statements In
ead affidavit contained his Opponent that the bill
Of piions this served within thirty days
after ths Judgment rendered; that the respondent
by the Of appellants a.orasy oy the orders
months tn propose thereto that the min ite
Of said snenan -nts witt appear om the Instances
which given merely specimens of many Others, in
schedule EeTtto annexed, marked (A)
6. Strike out ''haa' and insert 'havs l. Strike out
and insert aone or twice Al After er1broderine,
strike on. Ga dess for Forrest and insert dresses.
ipser. "a" 81. After states insert and also" IS.
After slorse insert when" g. Strike out kiss and
embrace" AID insert ber fan,arities such kissing
and embracing 81. After 'auc' insert ''hsc" ".
Strike cut sitter az and poked'' and insert "cd
not on chat morning look S. Af,er "Yonkers" in
sert Gin ths State or 92 Strike out Miss and
insert "Mrn 96. After 'recoIect' insert the distinct
tact" 1913. After tase strike out particulsrly about
and issert lin arranging 1885, Afer wss strike out lin
the rcsm and insert ''pre .ent" IA After 'out' in
sert he went If the hail coor" 100 After 'hcard'
strike out great and inert a." 1872 S.ke out ..rer
lesson and insert g lesson " 49, After 'Willie'
strihe out wished" anc irssr. "hed 3etired 1853
After vert stike eff and insert sawsy" Ice Az
Ter ''caeA strike out 'fcr aud nsert inc and told
tell Maya ct 20 bring ucn III att strike
MIRA a1d aEiss.m 173. After ''WlNs' insert "aud
Duncan" i78 After ''segars" insert 'sits.v 49,.
Afer tCalcrsfv inert sand Mrs Lyuca in csrrageu
1874 After day insert the 49,. Strike fricndp
and irse-t ian quaintance 1876 Strike out "a person
named Jsnexonv and insert "Mr 100. Strike gu.
about and il se-t up and down. 231 After sittipgr
inser. s'up, 25s. Strike cut 'must have BEEN and
insert eswsa 2so. Before as insert u.s.. 2sS BE.