The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-01
A Racy Alnir-C0nnubinl InfeIicity I'm High
Life-A "Pntcnt'' Divorce.
Before Judge Clerke

charlotte B. Nichols Us. Alexander r. r. Nichols
It appears by the papers In this case that in April
1869, the plaintiff commenced an action to obtain
divorce from the defendant on the ground OF adul-
terry, which she alleges he committed with ian uu-
known femalen at No. 80 East Twelfth street. New
York. One Oscar w. Smith made an AFFIDAVIT that
defendant could not be found at his home or al
tho places he had been accustomed to fire.
quent, and on this an order was issued
by Judge Cardozo for service OF process
by publication. No answer or appearance having
been made, Judge Barnard referred the case TO Mr..
William IL. Tracey, who took testimony and reported
that on the stn OF May, 1906 the plaintiff and de-
$685. at the house already referred to- the defendant
committed adultery with some unknown woman
and that the plaintiff was. therefore, entitled to
decree OF divorce.
Henry b. Harrison was examined as O witness be.
fore the referee ana swore that he lived at the
Compton House, corner Of twenty fourth street and
Third avenue, and was real estate agent, doing
acquainted with the parties In the present action
aud that on the 18TH Of March he was standing at q
when he saw the defendant go into an assignation
house opposite, accompanied by q strange woman.
order confirming The referees report and Granting
decree OF divorce The defendant now moves to
have the whole proceedings set aside on the ground
OF fraud. He says that in 1868 the plaintiff eopcd
and went to Europe with man named Henry
Gerhard, whom he had himself introduced to
her, and whom he believed to be a man
IN whom he could repose implicit conf
dence. The parties by agreement with the
captain OF the steamer on which they sailed left in
Q pilot boat, which took them to Falmouth, England,
and they Immediately proceeded to make tour of
she Continent. and passed everywhere man and
wife. In 1859 they returned to New York, and re-
sided Tor some time with Gebnaru's father. In the
month OF July the defendant saw the marriage of
plalnlin and Gebhard announced in one OF the New
York daily papers. The defendant, inquiry,
ascerained that the decree oil divorce had to pro
duced before the clergyman before he would
celebrate the nuptials. The first knowledge he
obtained OF the matter was by seeing the marriage
nj n m Innau Than .Insx1
uffs witnesses swore he could not be found he had
place OF business AZ his brothers., at No. 0 Pine
street, which was well known to her. The evidence
Harrison 1t is claimel was pure fabrication. In
further support Of the motion David Price swears
that ne was In the employ OF 0rson A. House,
attorney, having o1lce az No. rs Nassau street;
that the picture SHOWN him Is @ likeness OF q war
colonel, who came to his office and stated that he
wished TO procure divorce for lady from her hus-
bhnd. The witness also identified another picture
as that OF Mrs, Ncios, VINO subsequent
also testlies that he did not swear TO the
document purportlng to be HIS afd ayit, but merely
signed It, and that the testimony OF Harrison Is all
In the handwriting OF House. Gilbert b. Wood swears,
further, that he had been informed by David J.
Price that House. the attorney was in the habit OF
using different kinds Ink III the preparation OF
papers In such cases. Enlngham Ii. Nichols am
dayit states that in a conversation he had with Mr.
w. Northrup, VINO appears on the record as
attorney for paintilf, he admitted to hun deponenD
that ne never had anything to do with the case,
merely permitting hts name TO I've used by House Tor
Howesl and that he had no doubt the whole pro-
ceedlngs were sham.
fabrication. His statement That lie boaros and has
boarded for three years, the Compton House is
Bet by the AFFIDAVIT oil Alexander Haushe clerk OF
the hotel VINO swears that person OF that name is
known there or has been there during the past year.
The owners OF the stables opposite that they
never heard OF such man. The statement that
NICHOLS got out OF stage Is Offset by the fact that
the date given March To- 1869 Sunday, on
whlcn day no stages ran Nichols, In his
amdavlt, denies ever having known or
heard OF Harrison, and charges that his
statement is wholly ana maiciously untrue, and
must have been known to be such by the person
making 1t. He further charges the plaintiff with
adultery previous 10 the granting OF the divorce
The reference OF the case made July 0. 1869.
Tracy delivered his opinion IN favor OF the divorce
on the 7th the decree OF divorce flied on the
18th, and Gerhard and Mrs. Nichols were married OF
the house OF Gebhard's father on the 14th.
Nichols Is young man OF good family and fine
personal appearance lie was possessed OF consd-
cradle property. Mrs. Nichols also had a fortune
OF about 100000, portion OF which she took with
her In her elopement giving power OF attorney TO
VIM. u. Gerhard, the brother OF the colonel, over
the remainder Colonel Gerhard Is a native OF
Scnonarle, and was Tor short time Assistant Quar-.
termaster General on the staff Of Governor Fenton.
The Court granted the order setting aside the |
decree and all prior proceedings, at the same time
remarking that the matter must not stop here He
had known for some time OF this man, House, and
his Advertising and he thought 1t high time check
should be put to such practices. He would therefore
direct that the papers be sent before the Grand Jury
House made no appearance In opposition to the
motion.
Sterling Wsldron and ex-Judge Porter for
motion.