The New York herald., 1866-06-02
THE STRONG pIvoRcE CASE.
Motion for Alimony by Defendants
Counsel-Argument by uIessrs. McKcon
and Cram.

Fetef H. Mrof1g Us. Adyy n. StF0ng-Tne ceieDE1teu
Strong divorce turned up again In the Superior
Court yesterday, motion by defendants counsel for
aimony and counsel fees tho expenses Of the
trial sought for by the plaintiff This motion had
been pending for few days, but was adjourned until
yesterday owing to difficulty among counsel in agree
ing upon which Judge should hear the argument.
The plaintiff was represented by Messrs Cram, Robin
son and Mackng and the defendant by Messrs McKcon
Gerry and Mcneil Neither tho plaintiff nor the defend.
ant present and the only member Of either family
that appeared 10 court was Mr. BENJAMIN Strong one OF
the brothers of the husband
About twelve o'clock N. Mr. Gerry opened tho pro.
ceedngs by reading affidavit Of his own and one by
Mr. John Austin Stevens Jr in which the Inter swears
that Mary Strong has only small estate worth So 0Oo
and that most Of 1t exhausted by the expenses OF
the lega proceedings already had that MI strong the
dependent fortune and well able to bear the cost OF all
tha legal proceedings.
Mr. Cram followed with an affidavit OF the plaintiff in
the suit Mr. Peter R. Strong who deposed to the dis
appearance of Mrs Strong with Of her children in
dsobedience of writ of habeas corpus from the Su-
preme Court, his own arrest charge Of felony in
February 1865 and acqnital OF tho charge preferred
against him in the October following Mr Strong then
goes show that he made efforts to have the scandal
settled privately but that the defendants counsel neg
lected 10 accede to any offer for reference abira
ton that the charges of adultery with Electra NJ Pot
ter were wholly untrue; that defendants father and
family in tho possession of ample means and that
for these and other reasons, tho motion for alimony
In reply 10 this affidavit Of Mr. Strong, Mr. McKeon
proposed TO read to the Court the Of defendants
counsel to the offer for reference arbitration The
answer represents that plaintiffs counsel refused before
the first trial TO refer the at the suggestion OF Judge
Garyn, and that he defendants counsel were not now
ready to answer the proposition for reference In
asnnch their cent was absont from the city, bu. that
the motion for am0ny might by consent be heard by the
Judge IN private.
Mr. Cram objected to the introduction Of any now
matter by the moving parties.
Judge Jones sad q, moving p parties G had & G ito 70
the defendants counsel should indicate the points upon
which they proposed TO prepare new aldavts and TO
that end had right TO sufficient time for preparation
Mr. McKcon and Mr. Garry asked for time to reply to
the new introduced by the plaintiff and stated
that they intended show all about the habeas corpus
the trial of Mr. Strong the card OF the urors end
tain other matters.
Judge Jones decided that most of the points to be
replied To OF great Importance and requested
the argument on tho motion to proceed.
Br McKeon thcreupon argued at great length in favor
of the motion for amonv and counsel fece His chief
points that the plaintiff responsible for the
odlum Of dragging the details OF The before the
by he rsv ha ns
lary the defendants werc ncary exhausted by
the heavy disbursements rendered necessary already BY
\ Mr Cram followed for plaintiff in opposition 10 The
R1granting Of alimony. Ainony, he said, will not b
granted the applicant has reasonable prospec
Of the suit OF claiming to relief demanded By
her This was tho old English rule, and is also the rule
in this State II will not be granted where the wife ad
| mts her gult by not denying II under OATH In this
the wife presents affidavit whatever TO sustain
her application This omission Is not excused by refer
that the charge contained therein is true OF her
knowledge This oath should be rejected Incredible
because she to facts alleged 20 have occurred In
the State n New York time during all OF which she
comedies in another affidavit OF tho data that she
was in entire ignorance thereof Such u reckless piece
l Of swearing. manicsty false upon her show ng,
tends rather TO dscreit than 10 sustain the rccrnn
tory charge set up in the supplemental answer Alinony
has been granted when the wife did not verify
the papers On which the application was made, or give
sufficient cause for not doing Tho excuse in this
case absence OF the decndant from the State is not
4 ly ina brt
reason for declining the appca!ion Tho plantG ~ hts
affidavit shows how this absence has been cassd-that
the defendant has fled from tho jurisdiction Of the court
and beyond the limits of this State, Illegally and In
tempt OF court carrying or OF tho children who aro
the subject matter OF tbIs ltgatiop and by conccang
herself and the child renders impossible for the
TO enforce is orders dccrees with respect tho
custody OF the child. This application IS therefore to
mako pay money to enable the defendant, fugitive
from justice 70 continue this Illegal defiant and
tempous course and 20 enable her 10 pay the counsel
Who by appearing for her coun'enanco her ia it. The
only merit which this replication has is its want OF
merits its want OF rropriety and It's consumrlae inpu-
dcncc. Tho counsel concluded with an at.
M tack on on the press He sad his opponent,
trying the for tho press and the public large
He would tell Mr. McKeon that he did not sock the at
tendance OF the reporter but on the contrary desired
treated the counsel TO morning ard evening dscourscs
on the improperly Of trying The public but at
the same time those very papers carefully picked out
the most disgrace portions Of the evidence and spread
them before their readerA MH
Mr.. McKoon said hts client dcspised taking tho money
of the plaintiff but IL tie latter caused second trial 10
take place he Mr Mckeon) considered that the plaintiff
ought TO ho made the expense AS rcsaris tho
that on the rst trial Mr.. Cram stated that he believed
the publication Of the scandal would no of benefit the
cause OF morals.
Tho judge took The papers and reserved his decision