The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-16

How divorces Are illegally Procured"
ysUrREME coURr-cHAMBERs.
y Before Judge Barnard.
In the matter OF the application OF William n
Busted, the father snd guardian Of Kate Busted.
otherwise Wilson, infant under the age of wentyons
years-.o w.t. Of the age Of nineteen--vs Thomas J.
stowe an attorney and counsellor Of this court aud
James T. wisoD.-This Is the title OF actioB
which, the allegations the part OF the compIanant
are correct sets forth condition Of affairs peculiarly
revolving and criminal The complainant is Miss Kate
Busted, otherwise Wilson, niece Of Judge Bus-
teed, said TO be quite an interesting ~
accomps young lady, The details as thus set for'hs
II subsequently proved to be true. add much TO the en-
ence already given courts TO the ooseness with
which DEGREES Of divorce granted by the laws Of this
State Judge Barnard has repeatedly during the pass
week expressed his determination TO put an end to ths
shameful method of doing business and such deciaxs
ton has met with the unanimous approval OF tho ~
spectacle portion Of the legal profession fra nf
Tho present is one which comes precisely undse
this head the fraudulent procurement of divorces
The following affidavit of Miss Busted, which was
yesterday read in court by MIR. Edwin James her ccu1
sci, fully sets forth the main facts In the case:-
Kate Ann Buseed, of said city, being duly sworn, a.
poses and saysThat the 18th day OF March last sne
was married to James T. Wilson, under the belief
that he was an unmarried man. that since SAID marraSs
she been Informed, and verify believes, that said
James r. Wilson was at that time and still Is married
man. and has wife living nj Bristol England; that in
such Information sue mas 10
habit with him, and is nos residing with her parents a
No sc Fourth avenue, IN said city that on Tho sth day
OF April instant, Thomas j. H. stowel, an attorney
and counsellor o. the Supreme Court called upon bis
deponent at her parents residence, rs aforesaid and
represented that he friend 10 this deponent,
and then wrote paper and requested this deponeut q
sign the same, stating that II she would sign u he wono
port OF which paper authority 10 said Stowei 70
lake proceedings against the said James T. wilson IoI
divorce upon the grounds o. adultery when Sia
for tho purpose Of giving ths deponent her di:oIco
that this deponcnt was not aware OF the ehecs o sso
authority or the object for which the same msh. Ss
used but has since boon Informed that II u TO %
used for the purpose OF screening anI sayns he saS
James 7. Wilson from the penalties OF beamy, wtcu
She is informed he has committed This deponont Is d.
that any proceedn which she may be ADVISED 70
take against the said Wilson for naiying OF her tas
marriage, shall be conducted by her iasher US net
guardian, and not b. the sad Thomas ) r. stoweS
or any person connected with the said James =.
Wilson; that this deponent is an infant, under the
MN nine q twenty.one years 70 Wit: Oh we ayshs,
SAYS that ye1 and ber father Instructed her counsel
Messrs saWin o.'nes aud Dunphy-to take imme9i.Is
said paper which he nduced her to gn for the par
pose OF eventng Me said Thomas j. f. Stowell conf
mcncng any proceed ngs a divorce he had threat
ened TO do and this dcpoucA, further SAYS that she
surprised AT learning from pe-saph III the New YORK
obtained In her against the said Ja.as T. Wilson:
that she signed any complaint la such aon Tor
divorce any proceedings being taken the
said Thomas j. stowcll In her against the saio
James 7. Wilson, and has had any communications
with the said Thomas j. T. Siowe since be induced hsr
to sign the said paper and that the whole OF tho ad
proce sdings have been entirely without authority,
Without her knowledge and against her consent Ard
this deponent further says that 7th day of April
1896, she signed tho following notice, which was duly
served by her father upon the sad Thomas J.
Stowell-
New York, April =, 1909
SRI hereby cance aud revoke all the authority given By
you AXE proceedings against James Wilson, and
forbid your taking any proceedings dps sTH S s' WILSON
And tins deponent further says that since che has dis
ssv1 ass and verify sfsySS ,el ' ' Jams w
refused to cohab and I've With him his wife and hse
been res 70 with her a,hc. and mother at % Fourth
KATE A. BUSTED otherwise Wilson,
PETITION OF 1nw FATnER ~ MSS BusrEp.
Mr. William II. Buslced, az the guardian Of his
dauehter who is an infant in the eye Of the law %
ttions the court as follows:-- :,
The petition OF tho above named william H Busted
respectfully states to this honorable that he the
father OF Kate tscd, who IL q minor OF the age "
nineteen years. that on tho 18th day Of March last one
James Wilson, without the knowledge and consent
70 marry him; tst AFTER Ike said me
petitioner was informed, and which Information he BE-
leves TO be true that tue said James Wilson -
the time OF said marriage, and is now, married man,
having wife aive at Bristol IN England that this de-
ponent has written to England for the purpose Of
making the necessary inquiries and procuring the
sary evidence IN order TO prosecute the said James
Wilson for bgamy that since ascertaning the fact ths1
the said James Wilson has wife alive ia En- land the
petitioner has refused allow his said daughter
habit WIN ne sad James Wilson sna sue has css
the city OF New York. that one Thomas Stowen
n n q co 4lh day Apfil
called M iris denonsnts resJence in The aisenoe q
This and by false rcrresentatons induced IA
said daughter TO sign paper giving him. as attorney %
naro 10 Commenced nroc.eiin, 70 TO- ivorce. Thai this
device psactscd upon Der In order 70 avoid the pro-
r ha'Sss Tho, b,s da1sh,er vas dcceivea asd -
dced Nv frarJ a. ssgn sush rsn"r or antbory and d
,o, An % 40 ,,.n,ar ,,,srssrd a.. rnanng or surh
oror ,hns fa~dan,iv ohsinsa from bar by m, s.,d
f,pm,s r y e,assi1. i,o, lie ala Thomas i y sto.-
eli s unon The mil OF this court ma an altcr
nav anil counsellor. mat your petitioner consulted
Mcssrs rdxia lanes ami 1unnbv his eounseI upoe
,ie snheri and nv tber ad on The seventh day ~
Anr iScg and before as MS deponont believes snv
proceedings commenced by the said Thomas j -
Stowc against the said James Wilson, served the SAID