The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-07

Of suit in which professionally engaged, make its
duty ask that you publish the following statement
facts from which you will see INTO what geS errors yos
prefer to avoid newspaper discussion OF this case ana
TO leave 10 BIO disposed or like Others in the ordinary
course OF administration by the legal tribunals OF tbs
country But your Informant and yourself will NOS
suffer tue take this direction, constrained "
ask you To correct the errors into which you nave peea
led.
Tho judgment against Mr. Forrest entered in Janu
ary 1862 and thirty days were allowed to his attorneys
bill served within the time allowed, and plaintiffs
attorneys obtained eleven months time prepare amend
amend mentS served on defendants attorneys. r.
forts made and continued from time 70 time to 6et
e the bill and amendments by CONSENT which resulted
wore to he settled by Chief Justice Oakley before whom
several meetings had for this purpose. The set
Element suspended by consent at the end Of June,
1854, when I went to Europe, and was resumed In
UctSoer, 1854, when returned. II was completed, I
tnmk lSSt The case was printed and was argued in
january 1900, and decided In July 1855 The Superior
Court at general term reversed and annued the award
OF alimopy and sent this question TO reference Mr..
New York bar residing in Richmond county, aud having
his office at No. "a Wall street. was appointed referee by
Or made S nS no sp
referee until the 9th OF june 1859 For tho accuracy of
this statement refer you TO Mr. Bradley. There
stay Of the plaintiffs proceedings during these two pears
and eleven months, and no act done or proposed by
defendant to interfere with her progress If ahe needed
money counsel, ample provision is made BY Law 70
furnish both den6 lite In proper cases TO wives prose-
cutting for divorce.
Last summer was absent from the country during tho
months Of July, August and September and the plaintiffs
attorneys gave me stipulation not to proceed during
such absence, which asked a matter OF precau-
tcn, but with idea that the was to be moved
Intending to be absent during the period this
and not having for several months heard any.
thing Of the case, the plaintiff being represented
to be Iowa and the defendant living as he had for seve
raj years, Philadelphia asked the plaintiffs attorney,
about the middle of May, stipulation not 10 proceed
my absence having been for time acquainted
Shortly after this and on the 25h May the case was no
ced for hearing before the referee on tae 9th june and
has proceeded from that time TO the LIST iast al such
times the plaintiff chose To select and entirely ae the
Of herself and her counsel Oh tho lst inss
yesterday the plaintiff not having concluded her test
mony the case put on the defendants motion,
till autumn The Superior Court regular terms every
month 10 the year. excepting the months OF july August
aud September In those months Il suits the convenience
OF judges jurors referees, parties, witnesses aud coun
se and all concerned In the administration OF justice, 70
have liberty the city, aud that has
10 be generally regarded as vacation. Tps only add.
ti0Dal facts think proper to state that any
poation made 70 Mr. OConor was in the form OF nots
which, with his reply or he made any ne is at liberty -
publish If he desires; aud that tots statement is made
without any consultation with, or authority from, Mr..
Bradley .
You will thus perceive that you have been misnormsd
In every important particular Of your publication That
l. That smoney has stayed tho verdict Of q jury and
the judgment Of Court for eight or for ANY other
period; or,
(Mr ForrestB) counsel, John Van Buren,. Esq weat 70
Eorope,' or was eve, postponed by defendant Ok tu
Coursea or,
8 That IL twas postponed sccoun. OF Mr. For
rests Illness" ever p,aponet for any suoa cause;
or.
4. That the motion for commission, which Is ssh
pending on appeal stnyed the hearing 1t all.
And, you will perceive, it is true that for nearly three
years the plaintiff has voluntarily, far as know and
OF her motion, wholly discontinued and abandoned
her prosecution.
AS shall leave New York in be Persia on Wednesday
and desire TO advise my client what ought
pursue in regard to your INJURIOUS Publication
you to insert this note ia tho Journal OF Tuesday
must request those papers which republsb pour article
70 give the same publicity TO this explanation.
july 2, 1859. j. VAN buren,.