The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-08


blouse patent" new improvement upon the
''Chicago plan,n and now case comes to light
which may very properly be cassed under the mus
cular" or 'ferciblen category OF divorces, which
system should II succeed VIII be much sought after
by those dvorcey inclined. as recommending itself
by It's cheapness, despatch aud lack OF publicity, not
requiring intervention OF those busy members OF
the legal fraternity, who swell the costs and their
own pockets simultaneously.
In the present case, which is not exactly divorce
suit. Counsellor L. d. Mccarthy, on behalf Of one
MARY Durand seeks the intervention OF the courts 10
recover damages from Mr.. Joseph Durand for his
wrongful acts, and at the same time desires the
Court to pass upon Mary's title to the right 10
call Joseph her husband The parties are OF the
highest responsibility ana for sixteen years have
lived In this city husband and wife; but suddenly
Joseph tired OF Marys charms and by the "forcible
plant divorced himself. The following AFFIDAVIT,
which was presented to the Court on behalf OF
the complainant tells the story, or at least one side
OF it. SO far as deyeloped:-
TIE NARRATIVE.
Mary Durand, being duly sworn, saith-l am tue
plaintiff action and resided in the city OF New
York for the last sixteen years. am a native OF
France, where my parents now reside nave no
relatives in this country except brother, who re-
sides in Connecticut. and another brother VINO
years-who IS now in the custody OF the defendant,
and whom | am not permitted by the defendant
To see. inc OClenuant likewise TtSlucB III
New York and has resided for nearly twenty
years. | have lived with defendant Is his
lawful wife, Tor nearly slS Sn years ha ana
me and refused TO support me, and gave OUT TO ms
acquaintance that he was not my husband ana tnat
| | had no claims upon him as his wife. During the
time last mentioned before stated the delenaant
always gave ne 10 understand that was his vile,
and TO all outward appearances treated me as SUCH
We lived ii constant ami Tor al know to the con-
trary, exclusive combinations and during that Time
| ha1t borne hun ave children, but one OF waom Is
now living.
For four years we have lived in hired house and
maintained family but for the rest OF the period
have dwet In hired apartments, OF late at no. 10
" est sixteenth street aud No. 81 Clinton place. As
before stated, have always and universally passed
and been known as the deendanJs vile, and BY MN
| recognized "a sucn anu do not now assert that |
am legally the vile OF the defendant but leave the
question to be determined by this honorable court
should il ever come TO be passed upon by Il tribunal
Of justice only state now that unlil very lae'y,
and lust before was abandoned and my cnild taken
from me- considered myself The wife OF the deiend-
ant and have always been faithful and opedient 10
| him. and IN no regard have ! SAID or done any
/ thing that would have been unoecoming In
| state of wedock mis- action has been brought
/ under advice OF my counsel 10 recover damages OF
! the defendant for wlnl and atrocious misconduct
for series of years past, during wnicn we lived to-
| gether and conabed, anu the crcum stances are
| such az win be hereinafter detailed. / orng this
| action Tor no purpose or revenge pui rs the only
nast Inc deiendaat exhibited to me indications OF
| anger and Jealousy lie lnsinuated 10 OF charged
| me with having had improper intimacy with an in
| dlvidual who acquainted with both OF Us. The
defendant had made these charges before but never
IN SO vloent manner ~ we, mefs III saS ~
aecopanieo ~ ,n,eSs VI Srd re With MT
| being bis wife and with having no legal claim Oh
hihi'
| ExrLED TO FRANCE.
Our child was at this time III Switzerland, at
EeuchateL Early IN August the defendant proposed
to me- or rather ne tod me that must 70 70 france
where my parents lived and return 10 this country
| NO more he openly told me that was IN ms way,
and that should remain In the same country WIN
At this tune he threatened me win deatn III case
refused compliance win his Wisnes ne sa.a ne
Wouih Ut once cast me out lOo tne stleet we're u no
! FOR the child l reluctantly promised him that |
Wouid go 70 ny parents, LOT i ieaien ior NY ire;
peiehatht ~ luls tine lehs"eu 70 me rsaues,
Wnlen nc hbl liequeh.y nnaae ueiole-sns. S"ou i
aa,,o wb Sip' Name ne mgen,onni a desrea
me 10 Give hIm proofs that he could uss against me
, o "a rs,tate ar 10 rave bean @,,t, ~
fha evening AZ SJly al last in presends AZ Miss
| Tni,y Ward VINO resides in Inc clts az Now YorE
| and bbos bean VOL, tnoNn 10 the defendant "a wei
as ~ 'vseif bn the 6afard ant while In our A. ,rt
Mani Mt at No ~ CLINTON Mace declared that II i aid
| nottsye Ia r.oaiS tare IN . mo =.
A''''' = ,,,,ry - ,,r
IN mo morn,ng nay ens,,,ne no nj abopt four
ain saansg arose ana hayI,, forosd mo mon, ina
| nd iemen9eI nc I'd airn a "a rain papcr I he.
ueye IL Wa the confession already Iien Toned II
| had been wril en- before by tla delaniant lTpop
| nv refusal and nratestaCon OF lnnocence
| lie defendant prouucoi pistol re-
| yolynr. which he carried with him CONSTANTS,
| ara 'wbcs haI,eye was loaded nnd
| navinr produced the sane soiemniy thTeatese
Than and tnero Thar he wonld fake INV lie n aid
NOT sign SAID paner of confession. then. under
such commits OF, and In fear ~ NV life confassad "a
scts ~ crime when had never commiffed. TnIs
conresaon the defendanL ms ana stll ma "a use or
he has CHARGED me WITH hsyi1p comnlltted adultery
to several persons Of Ills and my acquaintance, and
bas SHOWN mem mia Confession "a a grooT 81 IT,
can mention amonT others who nave neen thus IN
formed tie names OF Mrs NJ. 1lmpaon, who resides
at 40 west Sixteenth street; % y. u. Hle1ee 81
same place; OF air. and airs. Sturges, Of H0boAeni
or the family OF $. II. Ward, OF East Fourth street.
New York; OF my brothers and Of my oWa parents,
WHO reside at Neufchatel, AM OF my child, Whom
the defendant not niyfesIans IRON iae olt 40 y,
through this confession ana MS continued iusuua-
tons, the defendant has made 10 belleYs nat an
unworthy OF hia affection.
THR LIVING woMAN's OBITUARY.
on the iii or August last is aforesaid the defend.