The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-05-24
INTERESTING p AvoRcr Case.
-~~~~~- .-ssa ase >~c'ATN art
LHE IN. IN NEW YoRk.
An NV AslIss WITNESS oA1Ht sTANa
Is <oar OF TIE LAWYERS TO pul,ltAfa


children withrsas Against Their Father and .
h4s5 Neither against Her Daughter,
@Gc- os4 &c.' No' aHAa
,Masy NTrust ~. Joseph w. Trust.
srPRENB cOuRr-oIRCVT
"N,v' Before Judge weiies
Tne trial this somewhat extraordinary divorce case
yesterday md attracted great deal Of
attention. The cunlendng parties were both present.
attended by their counsel Mr. sanxay appearing for the
plaintiff and Nr. Byrne for The defendant M Trust
who Ia somewhat eccentric looking person. about fifty
i've sixty years OF age known in business circles a.
n r Felix Gouraudg He is originally from England,
bus has resident Of New York for the last thirty
years His wife is about fcryave years Of use but IL
well and quito showyand attractive IN appear
unce She was surrounded by her family, consisting OF
snree Sons and daughter all OF whom have arrived at
shs age of discretion, and seemed manifest deep
interest in the progress Of tho proceedings Mrs Trust
wss attred black velvet cloak black silk DRESS and
Night silk bonnet trimmed with artificial lowers She
wore heavy veil during the trisl, and appeared TO
lArink from observation much possible Her chs
aren were likewise atred the fashionable
nes and evidently mix in good society. ss7pae
ea0 YoR rns PLANrEI
opening the for the plaintiff the counsel said
he seemed his duty TO inquire II any Of the jurors had
hssu served with pamphlet copy Of which he had in
hispossession Tho pamphlet In question was souri,
loss production and meant prejudice the OF
his Chant The Jurors having all answered In the mega
ave, Mr. sanxay then proceeded with his opening The
pain he stated married 10 the defendant in 1899
~ the time Of her marriage she was engaged
IN the costume business, while the defendant
was attached to menagerie cirCuA
No attempt would be made TO prove marriage cere-
ony, for the reason that the only witness TO IT, Justice
Blosdgood deceased But the Court would instruct
the Jury that where man and woman live together
~ man and wife, whore the acknowledges the
woman to be his wife, introduces her his friends az
ssch and she Is recognized by her acquaintance his
wife, that evidence Of any ceremony having been per-
formed not necessary She 10 in law his wife, whether
a6eremony has been performed not In 1865 the do
Sendaut became tired OF his wife, and chose
- himself From plain Joseph W. Trust he
SoTmed into Dr. r. Felix 0oursud. 1t was about this
time that he became Jealous Of wife, and commenced
suit against her for divorce; but the accusation fell
shrough On that occasion he that the plaintiff In
this action was hts Lawful! wife, and thank the
complaint OF the defendant In that action win DO
complete bar to the denial that he makes concern
M the relations that exist between them. When he
brought suit against his wife for divorce he claimed to
have been legally married to her. but when proceed.
ngs fell through and she i'm brings divorce
against him. he suddenly changes his tune and denies
that he married 10 hsR Mrs. Trust separated
from her husband in 1855 when In consequepceof his
~ treatment, she compelled leave HIN and CON-
snce suit for limited divorce. The complaint of my
client shows that during the past years the do
PENDANT has committed adultery with Martha Tomp-
has, BY whom he had children. Thesesacts OF adu
terry We shall show you were committed at the residence
Of Miss Tompkns at the Of Twonty ninth street
end Ninth avenue, where the defendant
constant visitor The Issues to be tried by the jury In
FGs-Whcther on tho 9th Of October 1890, or at any
eher time the plaintiff married TO the defendant
sS street and MIMI avenue or a. oshor pses
she city OF New York, the defendant has committed
propose TO dispose Of this question Of marriage rst
md shall therefore cali my witnesses the stand 10
prove the truth OF our allegation beyond the shadow Of
KvIpxNus or TUE MARRIAGE.
John Simpson deposed that he knew the plaintiff and
wont 70 board at Mr. Trusts house, where he stopped
saz month";; the plaintiff living there the capacity
e wife; there were three or four children In the house
Gross Observation-Disclosures heard Mr. Trust call Ma
81: w but never e. %omsn: thu.
Anily there II did not believe they were narrisd
By the think the defendant usually addressed
che plaintiff 'Aothsr;" Mrs Trust aiwayG the
hsad or the table. 'Hft WV M
Mr. Byrne-The witness undoubtedly ihought they
we're married, or he would net have lived fherc.
Mr.. sanxay-Csrtainly he did and il no had been i'm
posed upon he would have annhiated your client The
witness II . gentleman, sir.
NJ. ByrnsJ have no doubt Of II.
D. Beade deposed that he became acquainted with
- p,5ss In 1ssS Or ls.o sS|s az three years after
ysse known Mr.. and Mrs Trust and had three chill
Assu there think they lived there about six months;
ny were recognzsd as man and wife, and occupied the
The cross examination Of this witness developed
william W. Dean an aitachs in the Registers once
opposed that he became acquainted with the parties in
Ss.sn Mr. and Mrs often h:sa the
ana address the plaintiff az his wife, my family boarded
Oross ezaminsdI have heard that Trust has wife in
England could not say how long ago heard IL;
heard Mrs Trust called Madame Danpicr.
John HcCulum testified that he had known tho de-
eusnted with her fsle; she was then keeping house
wife; frequently heard him address her a. Mrs T.
Crcss,examined-Nevcr beard Trust say that ne had
70 his marriage With the plantn and that she ran away
from him with play actor this heard from the do
ss.sant never heard the Christian name Of the defend
ants frst wife, but understood she dancer a5
enc Of the theatres; never heard Mrs Trust called Mrs
pr. II. +. scboopmster residing in Flushing. l. /.
1sposed that he acquainted with the plaintiff and the
aefepdant did dentistry for hrs Trust; tie defendant
HsysT beard the defendant
ehc plaintiff az bis wife, that the defendant
Mr. sanxay then offered In evidence from tho County
Clerks ONCE, tho referees report
Dr. Gum testified that be knew the plaintiff and de-
Isndant Mr. and MIS- Trust; in 1874 was called In
Mr. Trust 10 attend MIRA Trust and retained
heir physician; q child was born that year, and Mr. 1
trust recognised u ~ his child; there trial be-
these parties before referee about six years ago.
he referee >. Buchanan Henry; Mrs. Trust was
pspsesented by COUNSEL but could not say the de-
|sndnnt; ! was examined there witness; always
imposed these parties were man and wife.
Gross examined. Mr.. Trust always spoke Of Mn. |
Trust - his wife; never knew OF any other wife
THAT PAMPHLET
Dd you ever hear q ~ other wiie-the dancer In
me Of The hcaircsf A. Nse\oot until saw pamphlet
whch was sent 10 me
Mr. sanxay-Ah, hs, psnpaist---havs you got with
your
witness-1 have not st4t
MI Sanxsy-Did you receive this pamphlets sincs you
= ere snbpged here Q witncssf A. Yea
. M. Byrne-You produce tho paper II you like, |
NJ banxny, and show u TO the witness
NJ. eanxay-Never mind. we viii come 70 that pre-
.ssty. now propose to read the notice Of motion In
TINS Toe nh Al l