The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-02
TINE PACKER DIVORCE CASE.

clerk Of the City Court Of Brooklyn, and Sarah J. b.
Packer, his wife They married in 1850. In Brook
yn and have lived together until within few months
past having had ssse-two children, aged about eight
and six years respectively Some weeks ago the wife
instituted suit for divorce against her husband on The
ground Of adultery, and pending tho trial Of tho
motion was made by the counsel for the plaintiff Mcss
James and Dunphy for almony and the custody Of the
children. In her adavt the wife charges the husband
different occasions The husband in answer denied Ill
brought action for divorce against his wife, whom he
charges with having committed adultery with three d
n sssn. the action and motion were brought
Kings county the motion was denied An arrangement
was made, however, by which the children were
the hearing Of the action for divorce adjourned TO
November 49, when It TO be tried in the Supreme
this agreement the up Thursday in the Cir
cult OF the Supreme Court in Kings county.
APPEARANCE or THE PARTIES.
Both Packer and his wife were In court during the pro-
repentance or regret Mrs. Packer attended by her
mother and sister, and person entering the court with
within would scarcely suppose from the appearance Of
indfeence shown by both plaintiff and defendant that
either OF them was before the public taking the chance
OF being stamped with lasting infamy and disgrace.
OPENING FOR THE PLAINTIFF.
In the case before Judge Lott, which has been going
for the past two days. the husband the plaintiff and
in New York the wife the plaintiff and the husband
the defendant The opened Thursday by
Mr. Hagner Of counsel for the plaintiff who stated brief
ly the allegations and charges made by James Packer
against his WIFE and showed that they intended prove
that undue familiarity existed between the defendant
and several persons and that such familiarity
red to such extent To form plausible for
supposng that the defendant must have been guilty Of
adultery with those persons with whom such familiarity
THE TESTIMONY
The first witness was Miss sarah Packer sister Of the
want for year, from September, 1885, to September
1854 This witness in the habit Of going TO church
with her brother the plaintiff every alternate Sunday.
when the defendant would remain At home with the
children, and Wednesday evenings she would 20 out
with the defendant. On these evenings the defendant
would visit friend named Mrs. Quebeck,
whose husband kept a barber shop in Fulton
street, and when going home the defend
ant would leave witness at the door and to the shop
OF Quebeck which was on an upper floor for the pur
pose Of asking Quebcck 10 accompany them home; the
defendant would remain these occasions ten
fifteen minutes up stairs, and sometimes longer the
latter occasions the defendant would state that Mr. Que
beck was not in and she had waited for him. Quebeck
at night md would greet her II he had her
Tor time The witness further testified that the de-
fendant and Mr. Quebeck on occasion, went down to
see the cellar and remained there about fifteen minutes
when Mrs Quebeck remarked that they had been down
long enough and called them up The witness did
think there any harm these circumstances but
snco the scandal had become so public she had Thought
differently, and informed her brother, the plaintiff
c0rdingly.
house Of the plaintiff ono occasion when the
plaintiff was at church with his sister. Mr.. Que
beck called to zee the defendant while witness
there The witness and her sister who with her went
away leaving Quebeck and the defendant together wit
ness returned in about fifteen minutes TO ask defendant
for q book when she noticed that defendant had no
hoops and looked very much Hurried after obtaining
the book witness went down stairs to her own apart
mcnts and shortly after hoard somebody come down
stairs and 60 out
Mary Greenwood testified that she had seen the de-
PENDANT sitting in the lap Of man named ayery on
pr1I and her hp Lava
sitting on the bed In the room Of defendant while tho
defendant herself lying tho bed witness had also
seen Iavery entering room through tho win
dow at eleven o'clock In the night
Sarah Greenwood, daughter OF the last witness,
and the defendant in the bedroom Of tho latter given
by her mother and testified further that going into
the basement she heard noise as OF person jumping
up and Mr.. Lavery and Mrs Packer out; witness
testified to having defendant sitting Iaverys
lap, and also to having seen Iavery kiss defendant
Della Hines testified To having very sitting with
defendant and defendant reclining his shoulder she
coroborated the testimony in regard TO Lavcry getting
In THROUGH the window between ten and eleven O'Clock
at night.
John C. williams testified to having seen Iavcry and
the defendant the back soop Of defendants house.
Lavery lying in defendants lap several occasions,
aud on occasion defendant complained OF having
cramp In her foot and requested avery pull 1t Lvery
did so, but rather than witness seemed to think
proper delicate witness had this transaction
through hole in the fence between the yard Of his
house and plaintiffs
Joshua Taylor testified that he had seen defendant and
Iavery with their around each others necks had
hem In bed together and had often them go
away from the stoop together ut nine clock ut night
Margaret Farren, domestic had Lavery go into
the room whore defendant lying sick in bed had
seen Iavery frequently kiss defendant and one occa
sion Lavery had given the children money To go buy
candy, and that he and defendant inside together
when tho children stosd outside crying Witness testi.
fed that the night Of the above mentioned
defendant went out she said, to church, but that
plaintiff thought was kind OF church II twelve
o'clock at night Witness had been 10 Coney Island
occasion with defendan. and the children, when
strange and swan with defendant and ducked
her IN the water.
Chrstiana Iunz testified 70 having seen Quebeck ia
Mrs. Packers during the absence Of Mr.. Packer
Ellen Sheehcn testified 10 having written note for
Mrs Packer TO Quebeck IN which she expressed regret for
breaking an engagement and appointing another for the
Mr. Dunphy Of counsel for defendant, here moved
TO amend the 10 the complaint 10 be all
lowed put in evidence OF adultery the part OF the
plaintiff to be bar the part OF the defendant
in this action and for affirmative relief.
This motion was allowed by the Court, and Mr.. Dun.
ply then moved 10 postpone the case until yesterday;
but Judge Lott stated that thcre great many
the calendar and the time OF the circuit
so short he would be- obliged 10 finish the
possible aud he therefore, declined making the post
TESTIMONY ron THE DEFENCE
Mr.. Dunphy then proceeded 70 examine witnesses for
the defence the hrst called being Dr. Vinon who
latter about ten days later than the former the
counsel for plaintiff objected 10 the Doctors stating the
OF the disease which he called 10 treat
and the Court sustained the objection.
John Quebeck, the barber before alluded IT, the
next witness He positively denied ever having had
sDy ~ I'm n b ~
wife went down with himself and defendant look
the cellar and that oil three up together he de-
MED that defendant in the habit of calling nj his
store che called once and that time see brought him
his dinner, his wife had servant girl
Mrs sophia Quebeck, wife Of the last witness corrobo~
rated her husbands statement about going into the ce
lar and stated thai the evidence OF former witness
regarding that trsnsactieo was ell an untruth.
Martha Jane Lsntz sister Of defendant testified that
abe was in the house Of defendant on the
which Mrs. Greenwood stated that Iavery the
aide OF tho bed with defendant bus did nat notice any
Improperly the part Of Lavcsy. wxness further
testified that the occasion alluded TO by Mr. williams
regarding tho pulling Of her sisters foot that was tbs
witness herself and not Mr. Lavery that took hold OF
DEFENDANTS ankle snd pulled "; witness aso stated
that defendant sleeping whh her mother tho night
that Iavery got in at the window.
yavarc Lantz, mother OF sfendans testified that her
daughter had twice contracted vile disease from her
husband and that plaintiff had stated ~ her that dc
PENDANT would get well II she sad whore she was
and wanted witness 10 take defendant 10 board with
fuvth al Inva l,o.