The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-03-10
the STRONG DIVORCE CASE.

THE STRONG DIVORCE CASE.
Apple alton for POstponement OF the
misunderstanding Aaadavit 81 As.
ssrons-History OF the Family Trou-
ble-A Tilt Between the Counsel-Mys-
terious Disappearance or Some Import-
ant Papers.
SUPERIOR oOURr-rRrAL FERN.
Before Judge AcCunn-
seOag o. Mary T. Sroag.-rhe
AAhsn s-fe'" n :. .. having been set down for
rai 'n's 'ona -, wss crowded ~h select aud no
,o,,n ,,yhv apureciative audience -.orce cases arc
. ,neral,y attractive especially where the parties
,aa,.hv and move in fashionable society; pu' 'n'
.n., ,n aeesrdan in this case charged wtn nas,ns
Committed adultery with her brother ~ s,;cc
terest IN the trial seldom evinced IN couia ~ !u'
~ rur APPLICATION ToR Posrposk,eH. -.
me canse having been called for trial Ar Tram ros
and stated that he was s1 DO. would make Of The s, I
I an osayit ia his posscsson, which, proposed to
rad in support OF his action for pest onement
NJ Gerry-The.e Is necessity Tor reading the af-
dayil. Proba,iy we will consent 70 pos,ponemcnt-
Mr. Crs.n-Itis only affidavit Of The facts In the
case It is the AFFIDAVIT Of the plaintiff
tlemsn We have not been served with copy OF this
affidavit which he proposes to read, and is very un.
the contents OF this paper and hold that the gentle
man 3 course not only irregular but highly improper
Judge McCunn-I win hear the affidavit hrst ana see
Mr. Cram then proceeded TO read the afdavit without
any further interruption, as follows =
Peter X. Strong AoryE Ssrsng..City and county
Of New York IS: Peter r. Strong Of Newtown, in the
county Of Queens and state Of New York, plaintiff In
above entitled action, being duly sworn, saith THAT
said action was commenced the 18th day Of January
1864, for the purpose OF obtaining dVoroe irom 'ne
defendant on the grounds Of adultery.
TIE DISCOVERY AND CONFESSION
That said adultery became known TO deponent on the
.In xtr1.,n -
the defendant and the fact Of its commission her
Of criminal connection, continued for nearly two
g. ad hs hs 70 a
dcponent and, as he is informed and believes,
to members Of her own family and to Others
confession and for some time thereafter defendant
showed signs Of the deepest humiliation contriton and
rcmorse and expressed willingness submit to any lot
ant trusting thereto relying upon the
of various members of her family who were aware Of
the facts that his claim for divorce should not be
affected by delay in prosecuting such claim, and that
defence would be offered, and moved by feelings Of
PENDANTS family did for the OF year make tho
effort conceal her shame by residing under the
roof with her and his children but occupying separate
apartaacnts, having marital relations with her and
far possible avoiding her society; but that be-
coming length convinced by DEFENDANTS behavior that
her feelings had changed and that she disposed TO
exhibit spirit Of defiance utterly inconsistent with her
former professions he found impossible to continue
the effort and therefore abandcnedit That as deponent
believes, defendants change Of behavior arose from
hopes held out TO her by counsel that she might safely
assume said attitude OF defiance certain technical
grounds Of defence, especially the supposed difficulty OF
| procuring legal proof Of her guilt
THE ATTEMPT TO KEEP THE NATTER sEcRFT.
peponcnt further says that the answer OF said defend
ant which is under oath denies the adultery charged
In the complaint and further alleges that (supposing IL
ny this deponent which latter allegation is untrue That
previous TO the commencement Of this action negotiations
in progress betweonthis dcponent and the defend
ant with the object Ton the part OF this deponcn of
ranging the terms Of separation between deponent and
defendant without legal proceedings and without making
the real ground Of such separation public That with
the sole object Of preventing such publicity deponent
repeatedly offered 70 waive his right TO divorce pro-
vded only the custody OF his two nfant daughters
were given him. stating at the same time that his ex-
elusive legal right to such custody being secured he
would exercise his discretion to the future intercourse
OF the defendant with his Children such discretion 10 be
regulated by and dependent upon the interests Of the
children and the future conduct Of the defendant but
this condition declined by the defendant, and this
action not commenced until deponent had exhausted
all of securing the custody Of his two daughters
by negotiations and concessions
TROUBLE ABOUT THE CHILDREN
Deponent further saith that after the commencement
Of this action, and the 4h day OF June, 1864 he
caused wrtof habeas corpus, returnable the 18th Of
said month"; TO be served the defendant requiring her
TO produce Opponents daughter Alice, then aged i've
| then residing at the house OF defendants father
in the city Of New York That between said 4th and
18th days OF June said defendant secretly left said
house. taking said Alice with her. and that deponent has
since been unable, after using his utmost efforts,
10 discover whore the defendant has been residing or
where hts said child has been secreted by her. and that
the father of the defendant and other members Of her
Immediate family who were examined under oath in the
u subsequent proceedings under said writ Of
habeas corpus severaly denied all knowledge infor
nation to her place Of abode the disposition sho
had made OF dePonents said child.
REPORTED ALICE.
Deponent further says that about the 2sth day Of
in this city, known the Nxw York HERALD and Jour-
val " Cnsmee, announcing the death Of the said child
as having occSrrsd At porsId in Maine That dpo
said, has reason TO believe and does believe that
said announcements false and fraudulent, and
that his said child was living at the date Of their pub
lcaon and that they published by the defendant
some person her bhaf with the intent deceive
him, and him to abandon all efforts to his
said child and the further OF this action the
other Of his two daughters being in his own custody
Mr. STRONG COMPLAINS OF CRUELTY TO his MOTHER.
Deponent says that In November 1894 the defendant,
by her attorneys in this action obtained order
for the examination OF deponents mother conditionaly
seventy-sx years and upwards innrm and OF fail ng
memory had been totally blind for the last twelve years
OWN sny 70 ssss IN 's ac"n
such could be proven by many other witnesses That
deponent through his counsel demonstrated with the de-
PENDANTS attorneys against this vexations proceeding,
and produced 10 tam statenr mt from her medical ad
wiser that in his opinion such proceeding would endanger
her life but that they nevertheless insisted such
animation; that thercupon the examination held
and the deposition Of the witness duly TAKEN and that 1t
appears by said deposition as this dcponent is advised
and believes, that the witness knew and could have
known nothing about the question at Issue Ia this
but what many other persons could have been called TO
prove.
SERIOUS
Deponent further says that on or about the
nth OF October, 1894 the defendant, by her
attorneys In this action, procured an order
for the examination Of one Mrs. Electa NJ Potter as
witness therein and sought TO prove by her that the de-
PENDANT had after confessng the adutcrous inter
course aforesaid experienced miscarriage that such
sarage artncially produced and that this depo
had been concerned In producing it, that said Mrs
Potter gave evidence TO that effect but testified that
sshe had never seen the defendant, and that
she knew the plaintiff only agent for the
owner OF house in Waverlcy place, Of
which her husband tenant; and that said Mrs. Pot
ter has subsequently testified that John Austin Stevens
Jr brother Of the defendant had offered her large
Of money she would swear to the matters above
mentioned sought 10 be proven behalf OF tho
PENDANT and also that he had declared her his nten
tion disgrace and ruin dcponen by the depos ton
Of said last mentioned witness win reference more
fully appear.
STRONG TAKEN UyAwAREs
Deponent further says that In January, 1895, when
deponent ready for the trial OF this action and OK