The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-05

son-McFarland Tragcdy-Erec Love Among
the Darkies.
Before Judges Bowling and Kelly.
"JUDGE BOWLING AND JUDGE KELLY ACTORsn
Mrs. Eleanor y. Bishop, the plaintiff In the well
known divorce case, was the complainant In q
charge Of conspiracy set down for hearing yesterday
morning ut the Special Sessions. The 'handsome
and intellectual" lady present, attired in deep
mourning, accompanied by her youthful son and her
counsel George the Count Joannes. Mrs. Bishop
alleges that she was taken into custody some long
time ago unfoundea charge Of felony, and that
goods merchant in West broadway, and q police
man named Patrick j. BrIhty. Mr.. Sweet was
~ oa the 20 nop 't b a.
the Court was asked to hear q motion for the dis
p0sa or this at the Special Sessions instead OF
On tho case being called on, Mr.. Hall, counsel
for Mr.. sweet, said that he applied for dismissal
OF the proceedings before this court, inasmuch as
the case mad been RENTED to the Court of General
Sessions at the election not only OF defendants but
ond ground upon which he applied was that II any
often ce had been committed 1t was barred by the
less nesancy than he otherwise should do because q
civil suit was now pending in which the complain
ant (hIrs Bishop sought TO recover $4,000 as dam
ages for this alleged arrest. In thar SUIT justice. he
MAI no doubt would be done to the lady without
seeking u further remedy by criminal proceedings
In the Court OF Special Sessions. He THE counseD
he In MS hand the outline Of little drama, writ
ten by the Count himself which 1t appears was per-
pie OF justce last Thursday. The Count in that
drama stated the second scene would be performed
hope that justice would be done without there being
aperlormance Of any more scenes In tins little drama
Mr.. Brown, from the firm OF Brown, Hall& Van
derpoel said tnat he appeared for the police officer
structons were only received late the previous
| evening, ana ne asked the Court 70 adjourn any
hearing OF the case until next court day, when they
Count Joannes said that the application of his
grammatical note he had receiyea from that aentIe
man. lie would suggest that the adjournment be to
later day than tnat named-to gay when Judge
Official position to that chair Of justice, he now
so ably flied. The defendants were charged with
the grand offence OF conspiracy, and he mad ap-
peared the courts for the last i've in refer
ence thereto, and the Fabian policy OF delay
this case. The law gave him a right TO bring
1t before his Honor, and being conspiracy
Count then referred az Length. 70 the absence Of the
third defendant, who was Fugitive from justice"
ann and S Of a
lions did not, under those circumstances bar the
me THIS hs.S case ,n TINS charge was %
signify whether y was held by the HAIR or by the
red to the drama He 1.-THE Count once belonged to
the drama, but his brother counsel was an actor
poor, lone widow ana her starving boy without
any Zee or reward; "but his friend took fees for the
partS fhe Count then, in imprisoned iauguaso
tna. t .sd the attention Of "a crowded
na% oscd 70 Sesno ma Without an ns
reward, without any fee. lie IS called BY some
people murderer; call him killer; for he only
killed that id Internal betrayer and villain whose
funeral took place yesterday. Qmmense sensation
and disposition to applaud, which was promptly
cnecked The form OF justice was drama, and
Joseph bowling on his domestic hearth did NOS play
the same part as when lie was the Justice on the
bench Neither was Richard Kelly the same man as
to the policeman he should be quite satisfied by his
being released on his word OF honor instead OF bail,
and lett TO the care Of Captain Jourdan the future
Chief OF Police. The Count concluded by urging
his Application for further adjournment OF the
case.
Judge Bowling said that the papers would be sent
back to the General Sessions, where the case would
All the parties then left the court
.'FREE LOVE" NOTIONS AMONG THE DARKIEs.
Two American citizens OF African descent. named
and wife, were In the position OF complainant and
defendant before the court. George was charged
WIN assault and battery upon his wife. Eliza who
very well decorated and attired, took the stand
and before she sworn the following conversation
Judgc-wen, Mrs. Thompson, do you want me to
do anything with this manY
Mrs. Ihompson-well, Judge, don't want him 10
come near me again.
yudge-well, but he is your husband.
Mrs. Thompson-i don't know that that matters
Judge-Why, how's that you are not divorced
from him.
so that he don't come to me again any how.
Judge-Wny, how long have you been married to
hims
Mrs. Thompson-Fight months, Judge and that's
quite long enough for me.
Judge-fiaye you any family. or likely to havef
Mrs Thompson-So, nor likely 10 nave.
Judge.Can you support yourself and get along
without hnmY
Mrs. Tnompson-oh. yes. very well. l can do
without him, Judge. am laundress, and would
rather 10 without him.
Judge-wcll, but cannot divorce you. You have
promised 10 be his wife. TO love- cherish, honor and
nourlsh him until death parted you
.drs lnompson-On, yes know; that's ell very
we'll; but they tell me mats gcttina out OF fashion
now and thar the preachers say all don't matter
anything. At any rate, shant live with him any
more.
Judge-wcll. Thompson, what do you say to all
this VIII you keep Away from this wife OF yours 7
Defendant-oh. Pil keep away from her, Judge.
II she don't boddcr me won't bocder her.
Judge-Weli. you can both 60; but remember
you're man and wife.
Defendant and complainant IN . cnorus)-An
right Judge; we know all about that.