The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-07-16

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On s6cu. the 9th q April received ss q The
walter Weldon, whom had never ssen heard q b.
fora he vas total stranger . me- he apologzsd for
Of TO whom he was stranger, but hoped would
excuse him. He informed that he called steps
Weldon spn me-
meet him a the chambersof Dr. Smith, In the Temple
SS s1 % with S
The words No. c down ono: building: written = H
pon,mens, believe, from Saturday. the TIN Of April
sSdros and IN order to correct he error he on The
aid 9th Of April wrote me the letter produced
Is pursuaac . q NJ Wsdons requs asspded
the chambers Of the said DR.. Smith, No. Crown once
The said mol d. Within vSsa ::
ONCE bat Mr.. Weldon was there Dr. Smith. shortly
afterwards arrived and Mr.. Weldon introduced ms 70
him. DR. Smith then inquired whom and where was
married and where had cohabited with my wife, and
how long Il was since bad ss.n her. told HIM the
that she was ct that time living in sdutsry with W. s.
Lyster and was, In fact stu living with him The raid
Dr. smith referred 70 the nj ~
able him TO prepare the petition and affidavit for d.
voroe, making Nj sothern the correspondent Having
rsspect q Mr. so.hern replied be could get any for
nation could give from What had been taken down IN
:aS
undestood from br smith that no intended to make Mr.
son only , re- & s On s 1s
correspondent, as there would be no diicuity n
proving his adultery with my Wife, The said Dr. Smith
fail with him try the other afterwards" Or to that
effect. DR.. Smith then said, "well, Mr. Robertson.
vSsn r. ass
know more about that than Mr. Robsrson or words 70
that effect During the interview DR. smith asked Mr.
found when she was wanted, when Mr.. Weldon replied
eyes, all right Altman has got his eye upon her." Dr.
act as my solicitor, but did not distinctly hear the
Name and he wrote note TO such person end Hent his
clerk with IT, The clerk returned saying the person
not within. thea left DR.. Smiths chambers leav
ing Mt Weldo: there On the following day, viz the
10Th Of april, the morning Of the llth Of April,
do not remember which, ! received the letter now
ss's& n Aa c.ps' ske SOLICITOR fsr sss psd.
uoner The writer VI the said letter WAS ah chtIre
stranger to me- and had never heard his name be-
Fore except that believe he the person DR.. Smith
had named At about tho time named in the said let
ter person called upon me and he wished me TO go with
whatever business he had TO transact with must DO
done there He then said he would bring his friend IN,
and he went out and returned IN few minutes s
duced being petition In the Divorce Court, and an am
dav and the person who first called asked me sign tho
petition and swear 70 the affidavit which accordingly
did. had not the documents before any draft
Of them. had given no instructions whatever for the
be prepared, held any correspondence with
stated and have not soon either Of the said persons who
called upon me before, nor have seen them since
The last paragraph of the affidavit was rs follows
g" regret that induced TO this suit
and my desire tina. further proceeding should DO
taken in IT, and that my said petition should Be taken
Robertson was never expected and mover called upon
TO pay fa.hug Of costs as was gaining very pre-
ant out Of employment, about as unsatisfactory
description 1t possible 70 give. In February last
Deptford, and paying some three shngs per week for
lodging. BE was one night waited upon By two mon
. sud ,,s s'y .n S0 ss.n n% U ss s@
mated that he was 70 exhibit himself before Mr. so.hsrn
s.s sAoa e and :.
wards did get place a. secretary 70 the cash Payment
Association Qimi.edl u was while he was .aci,ns
takea and Mr. walter W. idon called on him No donbs
be bad made the usual adavit in support Of his petit
stayed and no stated moreover that he did not believe
and he had believed that there any ground
.S :as ~ viz e. 1 hi"
Mr. walter Smith 4 appear 70 oppoeeM aal "a
N Wsissr snS-c Ss; sshslf q he petitioner
The Judge osdnaE!-Ia: ps.i.sones cas.c, instruct
Oh tho iis and another 70 opposes& 10 Htsf lsas8i
!. %ss vsn az harmed
Mr. Hswfns ssid i Wa dus 70 II. scshern who ~
married man With family, and had always lived on
the most happy aud aeCt6nAte terms with his wife and
children, 70 call attention 70 his sdavil Tho charges
hich had boon brought against him. lse q they wssv
bad caused the deepest ein 20 him and @ hs family
sion IN which M SoGhern occupied % hirh pcsitoa
NJ soshen stated on his cath, In shs most emphatic
language. that there wss not the slightest pre-.
m,arsy With MA RoSerisaa. His .aidasis e. on.
could for q moment have believed him guilty
Nj. sohern had formerly treated him friend. and
when no was In reduced circumstances had lent him
money since his return 10 this country he had made
application 90 Mr. Sothorn for loan. which Mr. Soshern
n,a Ssso M sayUs STATED On o. thai no
ale the Court would have no difculty n making the
The Greens Advocate said he was instructed TO make
statement on behalf OF q gentleman whose name
referred 70 Ia the adavts but had not been mentioned
BY his learned friend, and who had himself made
The Judge Ordinary said he could not listen to the
statement or read The AFFIDAVIT Il was not competent
counsel or 70 make afdavit In his behalf That
observation applied TO all the circumstances stated and
ertson's affidavit His statements must be taken for
what they were worth and nothing moro.
Mr.. Walter Smith the rose 70 address the Court.
The Judge-0rdinary asked him for whom he ap-
Mr.. walter Smith, appear for the po,isionsr
The Judge Ordinary-Do you, q gentleman and
Sarrs.r toll me that you are instructed 70 appear here
NJ waiter smith, hardly know how to answer .ha.
question
The Judge 0rdinary-Then am quite you gro
not instructed by him quite nnderstand that you
and others whose mentioned By Robertson
DESTROYS that his statements should not be treated by any
one - true or a. incapable Of being answered. Tho
Court does not propose 10 treat them; but cannot
allow aidavits be aled and statements 70 Be made on
behalf Of persons who are no parties 70 the suit
Mr. Walter Smith said there afndavIts contradict
Ing Robertson's a1davit, and showing how the other
side had got hold OF him.
The Judge ordnsry-I cannot allow you 70 90 into
than.
Mr. Sergeant Ballansine-rf Robertson has sworn any
thing that n Mise he can be Indicted 4
Mr. Walter Smith-As and the solicitor Mr. CapA
had been instrumental In putting forward the petition
thought " my day 70 come here; aud the Court re-
CURED any Information from should DO ready 10
give IT, The anidaviis which we havo ned completely
explain the whole matter.
The Judge ordnary-You have no right 10 Ole afida-
vita Tho petitioner In this nj one time chose TO
present petition for dissolution Of marriage The an
dAvit which he has nov msde shows he 4 TO believed
that tho petition presented under that