The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-23
A WOMAN AVENGED.

The Durand Scandal Case Again--The
"Woman scorned'' the Trail Of Her
Errant Lord-Sconrged With Whp--The
Whpper in Ludlow street Jail.
Two weeks ago the HERALD published the nrss
chapter In this suit, which bids far to become one
OF the most noted OF the family quarres with which
the calendars Of the New York courts are becoming
crowded. The plaintiff, Mary Durand, then sought
to establish her right TO be called the wife OF the
defendant, Joseph Durand, although she admitted
that no marriage ceremony had ever taken place
between them, but that they had lived IN q
state OF concubnage for period of sixteen years,
when the defendant sought to discard her; 30, for
the purpose OF denningher legal status she brought
suit and caused the arrest OF her Grant husband
Upon motion 20 have the order OF arrest set aside
the court held that In the State OF New York mar
rage was civil contr act, no ceremony by priest
magistrate being legally necessary for its validity
The living and cohaDting together, with the acknow
Judgments OF the parties in tue presence OF others
that they are husband and wife, is alsufrcient to
make them 30 In the e,es OF the law; but while SO
holding the court also gave Its judicial opinion, that
for the causes stated In the complaint wife could
her husband and for this reason the defend
ant must be discharged from custody and he was so
discharged. But to Mrs. Durand one great point
had been gained, that Oh deciding her to be the de-
Iendants wife, and although she lost that suit she
was placed by that decision In much better posi-
ton Tor future operations. she now brings suit
IL
incarceration Of her husband In the debtors jail
upon the strength OF tie statements contained In
The following aiildavlt:-
County q Ne,p fork, s-Mary Durand being nrst duly
sworn says II am pant IN this action which bring 70
recover aatnages Tor ieionoas Assault committed upon me
Clinton place in the city of New ork while lay sleeping
the defendan. violently took from bed and procuring
pistol which presenting he 70 discharge upon me
then and there intended to kill unless complied with
which he thea and there prodaced believed tea, he meant
Of Vines f s ss ded a he would Within
tweniyiour hours ia Ike life unless complied with the
and SIN do greatly suffer AT the time, great was
no so and ea and aessrd nss
| was likewise forced TO sligo the said paper. which
an and GepTssed and psea IN sexual
thus e aO an
false and the defendant mas used and widely pubishe,
opponent 'en saith nas a. about % monia
about 6ye n The saturday private room
nlonsly and wlruy ana wan laent bodily
he ssa % hs 10 s oa s1poss ~
person with whip he then he'd in hs right han struck.
thus given aud through eir iorcs prostra,s and
that tie deieadant before the sssaa sIhiStsa
pistol the same believe have III, before
having presented II said that on the aIst cutlery whta
believed he would execute then suffered great bodily
harm The marks Of this flashing now carry on my body,
paired These facts be by the testimony
of credible persons who know Them whose adavits will
bs produced In his action II the acts ed
by the defendannt wherefore bring this action and
damages in the sum of $1,000 And deponent further
hi stand In peril OF life at deendant's hands.
solemniy assert that Ia belief the defendant, at dis
ant day will attempt to put his threat in execution can
that the de endan IA or s not resident; but do
know and allege that he has real property, owns
none, neither Is he leasehoder householder.
lie does business commission merchant; Is freque atty
time, lie reported 10 be and actually worth than
SuO, but holds property whatever In bis own name.
lie occupies small ONCE No "a Broadway, but the desS
In his once he is owned by his clerk He boards from
to week 40 West ashington place. His bank
and for years has Kept another per-
knowledge the OF the defendant
these defendants statements
and from the statements OF his clerk and other
MARIA DURAND.
sworn before this lth day OF November ls6q-R
PIPER, Notary Public, New YORK
Judge McCunn, OF the superior Court, believing
that
He who HIS hand upon a
Save IN kindness IL a brIte
Whom ii base battery to call man,
granted the application Of counsellor Mccarthy In
pehan OF the plantl AMI issued the order TO arrest
the defendant holding hun TO bail Iii the sum OK
$4,000. Late on SATURDAY evening last deputy
sheriff Lynch again waited upon MIR. Durand, and
the Dali not being forthcoming he was again escorted
the debtors JAIL to await the acton OF the courts
IN his behalf. An application win soon be made to
set the order OF arrest aside. as before, when the
puolrc Will have an opportunity OF hearing the de-
fendants size OF tue question.