The New York herald., 1870-12-18
MAN AND WIFE.
inoth0 Act in the Life Drama Of Dominick
Murray and Josephine Fiddcs.
Story Of tho Wife and the Husband Contracted
An Adjoining Tale Full Of Stirring Incident
II Not Crowned with Pointed Moral-A
Gay Deceiver and His Gay Exploits
Ecenca Behind the Scenes and Who
Go There and What They Go For.

That drama Of real life, life or the stage OF two
well known theatrical people, DominicK Murray
and Josephine Fiddes HIS wife, the rst act OF which
represented several days since before Judge In
graham, OF the Supreme Court, came up yesterday
before the same magistrate for second
rehearsal, with proper additions to the draDsdfts
persona, and extended emendations OF the
original text. II viii be remembered tnat
Josephine Tlddes-that IL she OF this nom
De Querre-brngs an action for divorce from her
husband Domlnick Murray, on the ground of brutal
and inhuman treatment. The first act comprised an
application for an order requiring the defendant to
show cause why pending these proceedings for
divorce he should not furnish money to pay the ex-
penses OF the suit and her board bill. This order
was made returnable at ten A. M yesterday Pune
tually at the hour the Judge took his seat on the
bench. A. the same time Josephine Fiddes walked
into the court room under the escort OF young gen.
teman, and quietly took her seat. She vas ee-
gantly dressed In silks and velvet and straw tinted
kids, and In her situallon novel 1t certainly was
70 her. showed the same easy self-possesson on
stage, beniRd glare OF footlights, ana the cyno-
sure OF myriad eyes. Her counsel, Mr.. Edwin
James, was also promptly present. II IL unneces-
to that the position to him that of an old
stager, and OF course he was perfectly at home, as
also was Mr.. John D. Townsend, the counsel for Mr..
Murray, the last named gentleman, however, to the
great disappointment OF the large ana curious
tarong IN attendance, not putting In an appearance.
THE OPENING SCENE.
Mr.. James, IN his usual clear and forclble manner
made succinct preliminary statement OF the case.
He pictured his client as greatly abused woman,
as long having been the victim OF man of uncon-
troled passion and vindictiveness us having finally
resolved to cut herself aloof from the bitter and de-
based thraldom to which she had through long
years been subjected. Alter this predatory
exordium which at commanded the
most earnest attention and sympathy of all
present, he proceeded to read the papers on his
side-the complaint, petition OF complainant and
her anidavit-the substance Of which was published
IN erteasQ in the HERALD at the commencement OF
the present action. These papers, Will be remem.
bered after setting forth The date OF their marriage
describe the tumultuons matrimonial sea on which
they have since been mutually lost; unfold the par.
tcular Items Of his alleged abuse and matreatment,
and catalogue their separate and Joint possessions
and earnings Mr. James nterspersed the reading
OF this with comments on the various points and
phases OF the case to which he wished to call par
tcuiar attention. He certainly made out the strong.
est possible case for his Client
THE STORY IS DIFFERENTLY TOLD.
II was next Mr.. Townsend's story His papers
were even voluminous than those OF the on.
posing counsel. He also made q few predatory re.
marks 10 isting that the wrongdong wa all Oh Tie
wifes side and that MI. Murray was the next thing
to a paragon OF perfection the most mild manpsred,
consderate and dociie OF husbands Tie aiIidavjts
best tell tneir own story and so give them entirs
Read hrst In order was--sw0rn TO OF course
THE STATEMENT OF Mr.. MURRAY.
Dominck Morogh defendant In this action being
duly sworn, says-ThaI he Is at present residing at
242 West lwenty,thlrd street New York; that the
which has hitherto ana until very recently existed
between the paintir in this action and himself Is
u mn
deponent says that IA making tns statement, 1t is
his intense desire TO avoid all unnecessary un-
kindness toward the plaintin as his feelings are
and ever have been toward ner those of loyal,
patient ana ,nSSmgens S 1 nasnand whose desire mas
which SIZE has become surrounded, aud from which
It has been his desire to relieve her, and also to
dicatc himself from the asper5iOns which have been
soinconsiderately ana so unkindly heaped upon him;
and depQnent says that the plaintiff and himself be-
came husband and wife In the year 1885, and after
seven years. experience OF each others dispositions
affections were remarked, at the desire OF plain
TIT ana het friends, IN the year 1868; that until
comparatively recent date the lives OF plantin and
dep0nent were blessed with much happiness and
content, and reasonable share of prosperity and
save and excepting the little diniculties that are in-
EeperaDle from business tney had as few-or, per-
maps y tham ta usually ii
situation as can be SHOWN from the letters Of plain.
tiff to deponent and by the testimony OF mutual
friends both III England and America That DUR
ing the soourn OF deponent and the plaintiff IN
London, for q term OF six years, no pains were
the professional ambition OF the plainun gratlaed.
Fortune however, proved to be against her and she
OF or her o own s wishes s or those of ID deponsnt ne
not from the lack OF talent but from
aon s hs and no oher
to the plaintlf that she should accept an engage
ment at the Grand Opera House, in the city. OF New
York, which he had been able to effect for her; that
In accordance with the engagement SO formed The
planun lett England for America In March, 1869,
with fne outfit furnished to her by dcpoDent;
that In consequence OF the manager of said theatre
having failed to fulfil his agreements in regard to
against HIM, which she did by means OF the legal
services OF Mr. Edwin James, that as as de-
difficulties ne Immediately remitted to her IRON
England the sum Of $500 In gold. with request that
she would forthwith discontinue all business Of such
character and return home, which the plalntif de-
ciined TO do, stating that America offered much
more advantageous field to professional! pesple, aud
TO England until she had redeemed her
professional reputation and was revenged.
sibie to induce her tthe piaintiD to return home
he then wrote to Mr.. Tayeure, the manager OF the
with whom deponent had enected the aforesaid en-.
gaRement for the plaintiff. defending the position
tae tes asecy o. Mr. James against the 81
said Opera House. And deponent says that he re.
ceivcd aetter from the said Tayiere IN reply to his
chastiscment should deponent ever come to
America. And deponent says thar. In order to be
plaintiff should 1t become necessary he immedi-
atcly left England and engagements Which were
tucn Oncfcd 10 Hlm Huu came 10 New 1CrK. ana
deponent solemnly atlrms that tiuring the four
teen years IN which he has been married 10 the
plaintiff ne domestic difficulty has ever occurred
Between the plaintiff aud himself which rendered
IL necessary for the plaintiff to complain even
to aeponent. although deponent afirins that he
has always allowed the plaintiff every possible
latitude as regards dress and acqualntances which
was consistent with her welfare and respectabllity
and with his own honor and means. DepOnent
further says that when lie babe g0odDy TO the plain
tin before her leaving England sue demonstrated
70 him most afcctionate feeling and manner,
and left him with tho same appearances Of
love she had always theretoforc exhibited.
And deponent says that Immediately upon his
arrival In the city of New YORK, which was upon
the 29th OF June, 1869, nc sought the plaintn and
found her boarding in housesin West Twenty. SEQ
Ond street. And deponcnt says that he had Not been
IN the presence Of the plaintiff for than twenty
i0r hours before he PANIED at perceiying Ia her
q InfnI chnEQn Rhak had CHARGE