The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-03-28

Aesion for Limited Divorce on the Ground Of
Alleged Craelty-Intcrestinx Developments
In Social Lie. &c. te

Action for Limited Divorce on the Ground Of
Alleged Notwithstanding Developments
In Social Life. &c. tF
4ea Before Judge Brady
Eli,a Booa,s o. James Bcgayf. This Is an action
brought for limited divorce on the ground Of alleged
cruelty and maltreamenI The parties residents OF
this city, and married in 1884 The defendant
ct that wdower with family or eight children,
nearly AL Of whom were grown up. Tho complaint
forth combination Of the children against the plaintiff
the ipstea,on Of defendant assault and battery by
the defendant ard children, exclusion from her position
wife and mother al the table, besides other acts not
In opening the case plaintiffs counsel set forth
volumnous category OF offences, many OF them Of such
,ndslcae nature that Mr.. Justice Brady suggested TO
the reporters the suppression OF the statements and
stated that this dictated solely BY his
The rss witness called was Eliza Bogar, the plainr
Counsel for defence objected on the ground that the
testimony Of wife against her husband was nadmis-
ne Court decided that the wife had right to testify
% any acts o. cruelty committed on her when no one
se was present To this ruling the counsel FOR the de-
Nrs Bo9srt was then called TO the stand but defend
sAat there nothing in the complaint alleged against
defendant that must not necessarily have been perpe
trated in the presence OF other parties
The Court decided that a. assault alleged the
witness might b examined .. IN s.eL.1 Ell
Ths witness then testified that defendant had CON-
sssss; no one wss present when il was commissd i
IVES committed on me 10Th Of June last year about six
o'clock she had complained tina; his daughter had
ssshs 70 b ashamed 10 say and be then took her
arm and wrenched ~ the disocaed and swelIed
sc could not use II afterwards assaulted on
another OCCASION by her husband shrssasnins
ssssst, in December, in her bedchamber; he
hid she should carry his marks to the grave
n.s e BE- hung for ~ she had uS q Leave the room
On sofa IN another room; last fall year ago he
threatened her again hs witness here with clenched
would strike her; she telling him the time how
badly she WAS treated BY The other membors OF his
1 Cocnssl now offered TO show that Csihsrins the
daughter OF defendant COMMITTED assaults plaintiff
the Court however decided 70 exclude the evidence Of
Counsel next offered 10 prove that the witness was
turned out Of doors BY defendant but this
Was not claimed 20 have been done with violence.
Witness fixed the date Of wrench
done sls referred 70 shs smsosc % date letter. dated
n with the wrenched hand did mot sszs his daughter by
the that morning violently ala not strike Mr. Bogart
BRAINS II she did not cit down did not threaten TO
gst divorce; never considered there was anything
when Bogar threatened her. he bad Just jumped out Of
bed she the fret TO speak Of his daughter Catha
ne that morning did not cal him Or ms daughter that
should carry grave did not charge him with any
undue intimacy vh bis daughter Catharine or any Of
Of defendants daughters ws
Susan smith being duly sworn test lied ths. she was
cali ON her, before they were married. in 1884, visited
them afterwards NJ the request OF Mrs. Bogart asked
Mr. Bogaxt Why bis wife was treated 90; he replied II
vas his family that treated her badly; asked him why
he wrenched her arm he said was In ssiidefence ne
dd II and that he had control over his family, and
Was not himself at oil with them plaintiffs arm was
very much swollen; the print Of his. hand was on ~;
spoke 70 him about threatening his vfe ~ SAID nothing;
no always said he had control over bis family when
Ma Donr complained OF his treatment or her be Dew
n passion and would nos let her proceed as.. 80
Cvoss exam nation not have Interviews with Ma
pocart or her husband by the advice Of any lawyer
lid mot say there ought 70 be four neh al sepaatine
sAsir bedrooms The law redtlaughter)-befors
he should speak TO his wife, he said he liked bis Wife
~ this point Of the proceedings the court adjourned
usth this morn ing ~ ten O'Clock. E