The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-05-12

r., ". i
she first stopped before going to the court house noe
who was in her company. do not know where
theT went ~ When tnos len the court house.
ONE Sieur AND Cons.
The testimony NJ Ipaac Thomas, the keeper OF the
hotel ut MarlnsNle, where the po,ters put up after
night the divorce was granted, fts in the narrative
Just here most feifCshingly. NJ Thomas, having
About the iSt6 OF October. 1919. remember
woman named ABBY $. NcfMllnd stopping at The
hotel cannot say how abe came dlu no, see
coInmolatons; | understood she came nom
MooresviiIc to this r'cc smother woman and a
man Gang Hijh her; Understood Ter purpose was
20 yet . divorce; when trst kncv OF der prcsence
ut the house II was between and o'clock she
remained for the night aud LEFT the next morning;
she LETT with the same party she came In company
with Understood her complaint for divorce WAS
heard that night b. the Common Pleas Court.
ruE DIVORCE GIVING THE JuDGE TROUBLE.
The following Testimony OF Cyrus p. McNutt at.
torncy and counsellor, will show what shrewd In
diana LAWYER, who has doubtless obtained many
divorce himself, aud knows Just how TO estimate
such natter souEG, Of tals mytye!NIoT , proceed
Twas IN attendance At the Court Of Common Pleas
ut Maftnsvie, in October, l-9 al oil evening SOS.
sion OF night session, when what was JAILED the Nc
firland divorce case was ieard. think was there
during all the trie the evidence was being elected
From the evidence Of Mrs. Calhoun, and perhaps
rom the evidence OF the gentleman purporting to be
the father OF tho petitioner (Mre. Mcfarland(. !
got the impression during the progress OF the trial
either the defendant (MeF arlsnd) exceedingly
bad man, cruelty pursuing his wife, and that she
feared him because OF his cruelty, or else that she
tain her divorce and thus avoid defence. Judge
Wooden, who presided, is very conscientious man,
and seemed very anxious TO know tho truth and do
Justice In that case. Immediately before the meet.
ing Of the Court IN the morning. after tue hearing OF
the evidence and before he had announced his deci
SION lie remarked 10 me casually that the cause wac
giving him some trouble,
LETTERS rRoN GRIELEr AND coLrAX.
We uow come 10 the evidence Of the mot inpot-
tant witness In the case, namely, Mr. john d. Whit
an order of the Court, before Judge Bedford, Feb.
~ $50 Having been duly sworn, the witness sta
ted that he resided IN Mar.insyile, Morgan county,
| Ind, and WAS in New York on a visit was then
| writing clerk in the Auditors once of Morgan
county. In October, 1852 lac was acting as Deputy
| sheriff Of Morgan county, and was also CORE
spondent OF the Indianapolis k,rroT, daily paper
published nj the state capital. rna Martinsyille Is
| ~ miles from indianapolis and IL from hoores-
Vile the latter place being IL miles FROM lndianap
Depones, further stated: is present IN the cour,
| room OF the Court OF Common Pleas a; Martnsvile
| IN the 14,h Of October, 1868 l opened the Court
nyseE Il vas about O'Clock ri 10 u morning Iils,
lfleeq persons peescnt The case OF Mcfarland ngt.
| Mcfarland was on tle docke, Tor that term. II had
| come uy early, and had been postponed NJ the re.
quest OF Mr. Harrison, of the attorneys Tor Mrs.
| McFMIand. who said one Of Lis Witnesses, Mis-.
| Lucia q. Calhoun, wss absent with Mr.. Schuyler
The sincss further stated that the case was sur.
| rounded, on behalf Of hrs. Mcfarland, with law
yrr- aud other gentlemen " great political influence,
| nd that Size had letters from Greeley snd Coliss
| recommending her; that her lawyer introduced a
letter putpotting 10 be from Mcfarland tritfoA pIor
| inc NJ Rdf i,rrinHg, and read II 70 the Court ~
| evidence, that MI sage, the father OF Mrs hcfar
! and. was ,hen sworn, and gave, according 90 the
! Witness description, q rambling narrative OF test
| mony but said that he (sage) had Hsrsr ste'1 any
| Ting wropg ,ciM NJ AeFdri1nd himseJ
| Cola, swears he gave MR.. Mcfarland . letter o
| introductory then vouched for her professionally
saying Size was "all right" and had lived in Indians
| year.
| MRS. cALHouS's nopEL EVIDENCE.
| Mrs. Incia Gilbert Calhoun Vac then called As
witness BY Mr.. aeFIand,s lawyer. Her ride Il
| the buggy across the country with Mrs. Mcfarland
| tai given theui ample time TO 81 1 things and SHE
| told n touching story.
Mrs. Mcfarland through reading poem which was
published In the Independent and said ~ Lave bceS
Mitea ~ " SUI 's- rns hs one or .p,
| adS. snd she would like 70 make her acquaintance
That she obtained her whereabouts nom the editor
| Of the IadeTcpdeTt That she hunted her up anc
| found her IN miserable tenement house In a que>
| tionabi, street in New York city. That she fOunC
her in destitute circumstances, her children ragged
and ueeuiog tl,. uece--ares Of lie. That she pro
Cared her a position On the Indepe-,deIa rs u boob
New YORK city. hat she Mrs. CALI ouh) found Mr.
mcfarland 10 be msn OF ntemperale habits, an,
Nho fr,quented places Of low resort That he spen
| al lis time aud means Ia drinking anS
,dieaes-. That he Was in the habit 0
,ahins nis tile DO, Percy 10 saloons and places o
That through the influence Of herself ami itiend'
rhe procured Mcfarland place in tle Provost Mar
-hal's office but on account OF his intcinperaie IN
| It's he vas dismissed. That besides assisting MIRA
Mcfarland with tne IndGpehdeht sle also hclpe
| her 20 get .? readings. That she went IL r"e Yrs
Mcfarland Que day, 20 see her and belp her cOrrrc
manuscript. and ~uie they were reading there, aD
correcting, Mcfarland came Ia drunk. When Mr.
Mcfarland heard her husband coming, che told he
| tMrS CALCIUM she had better hide Lerse' Tia
| perhaps It Ice saw her, he mi.ht abuse her tina
She mrs CALHOUN ran mp stiirs That Mcfarlan
| n
throwing Il about the room, eursing and making
oud noise, lhat when his vie eArostula'ed VII
him about his conduct, lie cursed her. AZ err lie wen
away size MIR. Cahoun) came down stairs and foun
Mrs Mcfarland ~ tear. That she shortly after LEI
| hunted her 10 again. That she found her 10 ten,
men, house in the upper story sitting up 10 be,
Farland means That she took her IRON that mouse
portion Of which was occupied by persons OF yer
| bsd character That she rented house for her ~
good street, aud had her removed to II. Ths
through her friends she MRS. Calhoun) procured Nc
Furland a place In the Internal Revenue service {
custom House. That he reformed for short time bu
| soon Tell into his Incorporate and disorierly habit
and was kicked out OF the position. That he na
| mis- moments OF loving tenderness and his moment
OF niaddened frenzy. That he was jealous Of b
| wife.
rHE COURT N,KIso Up ITS MIND.
o.-were any minutes or potts OF the eviden,
taken or hiedf k-No, sir, not any. There cou
not nave been, unless there bad been prosecutiI
attorney.
Mr. Harrison said be rested Ss case. This W,
about y O'Clock p. NJ. The judge said 81
] Was not epared 10 render decision
| once, but would take II under aayiseulen
| and render . decision in The morning" III
Court then adjourned to O'Clock the ueIt mornin
| and the Whole party went out omuel 70 ai
| that Mrs. Calhoun vas asked by Mr. Harrison xvi
. | Mrs. Mcfarland came to Indianapolis 10 reside
: | Sic answered tlal she came there for three re-
soma first, that size might baye the benefit VI rap
\ | mail communication; second, that she might bl
the benefit OF good library; aud thirdly, that $
+ might get away nom her huf6 band VINO iersistent
, | followed her"
E THE COURT GOING 1T DLSD.
n O-What II anything, occurred next day A.
. The Court commenced at A n. The Jui
G | came in court was openeu, and minutes Tes
s | molten roll WAS called, aud the Judge then ~
ri MS mrd was not clear upon tie subject OF hcFs
lands case that his mind was not lnlly salisne
: but he ould kIant q divorce" Mr., Harrison uSh
g what disposition he would make Of the chlldte
lie said lie ould give tue youngest TO the plan
u nd he would reserve his decision as to what
- would do with the older one, That " lie found
necessary to take tue child away from the defends
}, he would give 1t TO the grandfather" The youns'
- CHILD Was ~ court during tue trial; the oldest
u. not
y HSs H.yARL,ND's LAWYERS OPINION.
nj Q-Subseguent or prior to this decision. dit y
s have any conversation with any of the attorneys
A. record In that action fUr Mrs, Mcfarland IN rel
&C. eLte 10 the ciTcums tances VI this socaed trial.
IA villa han nd vii "a