The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-13

&C., &c.
SUPREME oOURT-CHAMBERS.
Before Judge Barnard.
MAY llama A. Sarton U.s. Joseph A Sarton.-This
contains remarkable features outside Of the
personal interest surrounding tho partieshe defendant
being minister Of the gospel at Norwichtown, Conn
1t has Of late years become fact Of public scandal that
divorces and DEGREES Of separation from bed and board
quite easily procured in this State we'll every
other State in the Union Public morality has conse-
quence dwindled down to a very low ebb
Those who read our law reports almost daily in
court decisions three four Of divorce settled in
which the following words all that the public know
Of the circumstances surrounding the Judgment "Re-
port OF referee confirmed and judgment of divorce grant,
ed" II is all very well to keep the evidence in those
which generally of most scandalous character
from the public eye but then abuses creep In and fraud
ulent judgments sometimes obtained. Judge Bar
nard, with his usual promptness and independence of
action, will be subsequent report is about
to put stop to these practices far lies in his power
The present may may not have been Of this
character but subsequent investigations will disclose the
facts
Yesterday this SUIT up before Judge Barnard in
the Supreme Court Chambers application Of counsel
for order to show why judgment of divorce
should not be vacated and defendant allowed 10
IN and defend the action. The affidavit OF the Rev.
Joseph A. saxton, who is the defendant in the suit
forth the following extraordinary facts his side Of
the question:
Joseph A. Saxton Of Norwichtown, in the State Of
Connecticut being duly sworn, deposed and sad:I am
the defendant in the above entitled action. and
have been for twenty-five years a regularly ordained
Minister of the Gospel the eth dav Of October 1856
married TO the plaintiff by the Rev. DR. Adams at
the Madison square Presbyterian church. in New York
After such marriage we lived together as man and wife,
residing at various places, until January 1859, when We
went live at Norw ichtown Connecticut and there
manned until April, 1861. We then came To New York
and resided with her parents for some months In Feb
| ruary 1882 l returned to Norwichtown, and have
since that time resided there. At the time Of my
return to Norwichtown my wife refused to re-
turn with me, and has since resided with her
parents have endeavored to induce her to
me, but without am informed and believe that
the entitled commenced against by
my wife for a divorce in November, 1866 have never
been served with the summons complaint any
or papers in SAID action have never received any sum-
mons, complaint or any other papers In said action
by mail nor have ] ever seen any summons, complaint
or other papers therein published IN any newspaper;
The first ntmation ever had that such action had
been commenced derived from seeing in copy Of
the New York Tribune, received by me through the mail
under the head Of law reports that on the ID day Of
February 1888 at Chambers Of this Court In the OF
Anna A. Saxon against Joseph A. Saxon the report Of
the referee had been confirmed judgment Of divorce
granted and tho custody OF the children awarded 10 the
grounds on which sloh Judgment had been granted and
the In which II had been obtained, and caused
an examination Of che Judgment roll in said action
love 70 be tr,ss, that the grounds on which
emtain scstef adalsv alegcdto have been committed
| BY me during the months o. January and February,
1862 Nos IS and 70 Mercer street, the CITY Of New
York which allegations are fully set forth in copy Of
the complaint in this action, hereunto annexed and TO
which refer Each and every allegation in the said
married to plaintiff October 1855 and that there
issue Of that marriage two children, deny and pro
nounce wicked and malicious fasehood was never
In my life either In No 70 rs Mercer street. in
any other house OF prostitution At the time Of the al
complaint I was absent from the city Of New
York, and can bring full and abundant proof
va. 90 sssr ~
said counsel and believe II 10 be true, that order
publication Of the summons in this action was granted
in this action, and upon other afdavit whatever
That said order provided that said summons be pub
shed a week for six weeks In the World and
Leader and that copy Of said summons and Of the
plant in this action DO placed In the Post once and d.
reced TO at Norwchtown, Connecticut That at the
time such order made residing at Norwich
town and have continued 70 reside there up this time
p pss Sy ner da but that nsVS received any
copy OF such summons or complaint, did ever
s copy % % 3. s no
OF thcsummons In this action was mailed 10 me,
1t intended by the plaintiff or her attorney that
II should be- but that II their intention TO obtain this
Judgment Of divorce by raudueny concesling from
that proceedings had been taken for that purpose and
allegations in tho complaint have been informed and
believe that plaintiff has stated 10 various persons
others 70 Kew. nr ADAMS, OF new YORK, tnnt
the sole ground on which she obtained divorce
from me Q neglcot on my part and failure 10
properly support her have been Informed and be-
eve that the plaintiff has not since the entry OF judg
ment in this action, remarked that have suffered
great injury from the allegations against my character
thus falsely and faudulenty placed on record THAI my
reputation and standing Christian minister have been
assaied and lowered and that the only way In when
can renstste myself In the good opinion Of ministe
rial brethren, congregation and my friends by OBJ
tanning the said Judgment 70 DO set aside, and being al
lowed TO come In and defend this sct'on, and prove
IN open court the falsity OF the allegation IN
ihis complaint I understand and believe that this
acton Vas instituted and prosecuted 10 termination at
she lnsugasion OF the parents OF the plaintiff have
Iuhy and fairly stated my In Shis sctioo 70 my
Counsel, u NJ Adams ESQ, who resides st No Fast
Iwenty-ourth street In the city Of New YORK. and
advised ~ him that have good and substantial de-
fence upon INC merits Of this action after such statement
| made, which verify believe 70 be true
JosRPH A. sAxroN
| This an1davit was read BY M. Thatcher w. Adams
attorney for defendant NJ. n. n Anderson appeared
counsel for defendant and Mr. John Mccrceor for
| plaintiff.
The afldAvt Of Rev Or Adsmsspasso Of the Nadeou