New-York daily tribune., 1858-12-17
TIE WYFE-SBANDONMENT CASE.

Tie examination Of THE csse Wa, continued yes:sr-
Gay before Justice Welsh. Mrs uphan ~a. se,a n.
upon the stand and depose u9dei cro-s.eAs Lii s:oo
ir substance g. follows:
Mr. Upham was in New.lIsvsn in Apnl 1855: he
resi'ed in Grand street, With witness ard Ellen H.
Tucker; be residei here q week came there from
New-loIk; he lett NE sf the house we had lived IN
previously in New.iork, snd went down town, saying
that il te was rot back by the next day noon, she
could 20 10 New.Hsvsn; this was ,so three hours
before Mr.. Uphsm went 20 New Haven; she. went 70
w.llsv,n the next Gay. be did not orb.i her 20
leave the house when he len for New Haven; she dd
rot refuse 70 sllow him UphSr,l 20 remain 10 ihe
house in Nsw-Hsven when he came, he did not irgs
her to come TO New York ard hive with him The DID
not pron,se bm when he left for New iork thst che
would follow him in few days; he did not offer TO
have his son leave his apartments in this city che
would cone and live with him. but sa,d he haf the
right 10 have hs son there he never nired any osher
place where he q, sired her live with hun; she told
him she would not live in ths room; she cj not tell
him she would not live with him under any crumstan-
cts, when she first Hmm New York, after her re
turn here she did not reiae 10 let him kDow where che
resided she never refused Ia let him know she
resided she met Mr.. Upham in Sixth avenue hrst,
after her arrival in the city she does not recolect
whether her meeting with him in Union Park wis by
appointment she did recoleot whether any letter was
read to her the occasion Of her meeting with MIR.
Jphsm in the Park by herdsughtsr, another letter
shown her. the writing Of which she dbl not recognises
did not remember 10 have dictated such letter Ia be
written by any one; The first of these letters WAS
dated May Il, IS and the second Sept nber II, -,
ard another dated May H. -, which she thought
written by her daughrer the postscript Of the letter
dated 18th of May So WAS offered in evidence and
marked "B she did not ncollect that she dictated
either the letters the postscript The postscript
read as follows:
Respecting the appointment Of meeting that
h.. hxst In ivvf IN
bnbe people by giving them ID cents 10 hunt NE up;
and do not ssnder me any morc-it does not become
you"
csme to see her at No. 9l0 Broadway, that If he did
not lesve the room she wouli send for a policeman
and have him taken awry; she did not recolect when
she told MIR. Upham that she resided h No. yl0
broadway she did not recollect whether IL was be-
fore after the 18th If May, she did not know
whether her husband is the agent of Case n
Co. Of Hartford, Conn. when she has seen her hus-
band he has always had book or books with him,
and said he was selling them; she only knew what he
had told her as to what his earnings we're.
Redirect examination resumed. The parIor "a
which she alluded es the room IN which she saw her
husband at No. 80 Broadway was the pdbhc psrlor
of the house; all the boajers Of the house have sc
GEES to and of that parlor; neither herself
nor husband was living in Sixth avenuei there
was no special reason for her meeting MIR. Up
ham in Sixth avenue; Il was accidental; he
called at her room Ia snnoy her; at one time when he
called he said there place somewhere IN New
York called the Unitaiy Hone, where they soh
bread for penny slice, cup of coffee for the same
sum and advised her to go there; she answered that
she was hungry and had re in her room this was
about three wee ks ago) II was very cold at the time
to annoy her when he came he frequently said 70 her,
thst, on preyons evening" he hsa been as.ee'A'lns
on the sofa Sc; Of the New Haven property Of which
she had before testhed, onethird Of what received
Of the proceeds belongs to her. there are
on the property amounting in all 10 about $sWl il is
I at tpr sl,
S. 100 or 81 500; there is also another mortgage for
$500 or 500; che does not know the condition of the
property whether she has the power TO sell It or not
she would have to refer to the records.
To a question by Mr.. uphams counsel she said
she could not recognize the handwriting signature
Of Mr.. Peck the guardian of her children. lie also
showed her letter froal Mr.. Peck, and she said il
looked like some writing she had at home Of Mr..
Peck s; she believed the conversation about the fare
at the tnitary Home was somewhere about Thanks
giving day-in the day time; he did not then entreat
her 90 home and live with him; she asked him then
where he staying, but be would not tell her, and
never has since done so; both Of the houses Of which
she had spoken Of AZ hers in New Haven are rented
one of them is rented for $50 $iJ2 and the other
for 81 f62 could not tell without looking at the
lease there two rooms reseIyed in one Of her
houses ard furniture IN them 40 that In case Of
sickness or ceah her children would have bome 70
90 TO; she did not reoolect Of having refused Mr..
Gill tie rent 0f this house at 500, because she could
not give those two rooms
Re-diroct-1he.c rooms are r, served as n home for
her cbildren she keeps regular account of the in-
d,btedress If her children To her and of herself 10 her
children though they were Strangers and submits
tie account TO their guardiaD she aso has 10 account
10 the Probate Court Of NewIayen once every year,
tet is to say the guardian takes to the judge she
has to allow to the guardian al interest OF sI per cent
ON az for the benefit Of the children; that interest Is
o. 10 up TO the beginning Of the present year.
The examination of Mrs. upham was here closed,
add ex.Judge Davidson, counsel tor the husband,
moved that the complaint be ns'nssed on the grpund
"a l.. Il. Nts nhn m ntyu
mony that che had sufficient property TO support bsr
independent Of her exeI,oDs. Mr. Sel1 ", Tor the
complainant argued against the motion Tne molten
v as denied and the further examination 0f too case
was adjourned until Tuesday at o'clock, p. m.
The folosiug ~ copy of the letter which Mrs. Up-
ham thought tO be in her daughter hand writing tsad
which the defense proposes TO prove, Was dictated by
Mrs. Upbau herself, to which the above postscript
Was attached:
ray sss ,a ~ The @ part s,..f Il %saSs. @ ~
to BE- feeling vcry ost and .s J2a are very .rses
an an ne s a., m peg ySS ;as !s 10
society Of the persons IN your so,r 'ns p.no ts waca
pl, a..nty situated you We Ia very
betty esi 90 osss aa ss'.s p'a a S s s
have 'sIy .s tune :" g. i" ~ pii., :. 10 ., o'
feel heart that tas- tthslY dornsd every peeass
daasht.f or follow her Frase. tson Of Ma NJ
ether becsas' yon know he sa.r well Known smoas ths
Police aud they IL. wstco You f,r sseH
that ha. Only made matters BY worhns ~i.h
they public .
have BEEN sk dsy or txo however better no~ and
have been today Ny MUD peril y composed. wash
recoan.Id you enjoy yourself all you In the peasant
oci.,t y0ul AID where
have ttDss oil e'tinf The son.e bsss
hired and would wish advise you, bit itink
al coat would becoming 70 you nov
Tie 'ba, now oocsIy fapi.hsd ard si.ndsd
By the chaub-rDsd ind that 10 not fse. hsb,
impaired With the pdyss. you have a pdvst. Sr!anrs
III. ths occupy - 10 cheaper wih fu s,afs
and Than the occupied st Ara t<osks,
tare aud sltendaBee add frsDcs ~
irk enough thai can have mel dsy
and t~tief IA oI,lxg " I've stsed
with discomfort You know va. always farh wifs