The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1870-03-10


From the New York Herald, March .
Tue case OF Mary D4rard against JOS
eph Duraui, her husband, which has. on
several occasions heretofore. caused good
deal OF gossip anu comment IL The fashion.
able circles uf tins c.ti. was again un te~
tore judge Spencer it, tie specia. rcsm Of
the superior voIrt Yesterday. !, wi; lie
remembered by the readers & the !.t.dii
that in the mon,h of November last The
plaintiff, Mrs May Dur4nd, co;.mrucou
az ao;I1n against the uctenaant iar j .ui>
ages Tor personal injury. Il appeared
upon the examination, and b. aihaAgi;- ON
a motion ta set aside tie order ct arrc..
syanccd against the defendant in that else,
tIat =" Is ycas the plaintiff and defend
ant Lau lived I'D cQEatl;eG together. yQb
Gcy a9kuoweus t'. "'nSe.Ees as husband
aud wife. La deciding TIM. notion, Judge
, f4,hian, Who was thea % the bench, TX
, c.dli tt4at these pnUHG .5;i Of the partIe,
( operated As an c5;oppcl to any action Of
the End sought 10 be maintained, they, in
( effect, constituting them 70 all he HO! ID,
and the intent Of The law, husband and
wife. On this ground he held that 70 az
tion could ne By vile aRainst husband,
aud therefore, discharged lhe order OF ar
rest against thC defendant. Subsequently,,
on additional aiilaVlt> and the complain
oi Mrs. Duranl, another order of arrest
vas l->ued hy Judge McCunn, holding the
defendant to bal In the sum of $40 900,
bat which sun was subsequently reduced
10 50 500 Ga the 24,h Of November last,
y udge Fjjhi4n granted an order 10 show
cause why the second order of arrest 81 lou id
not be vacated and SIT aside. and yestcr
/ Spencer for ais decision
The affidavit Of Mrs. Ddraud, as orig
inaiiy and exclusively published il the
AGEg!d, .sh9gsd that her husband va.
h"r, havl z repeatedly lacerated her cody
with hor>eahip; thr atened, with pistol
IN his hanI, while his wife Wac ia bed, =,
u blow her brains out unless she openly
avowed the commission OF acts 0! adultery
with divers persons, which she never com
mitted, aHG finally compelling her to 60 10
her relatives lii France u remain IN virtual
exile. Ii was also shown that he alter
ward caused Il false advertisement 10 be III
ser:ed in the NcraH and Other papers,
about the 2Jih OF july last setting forth
that She had died IN France day OF two
previous, the iGlcrma ion purp0rtiug TO
lave been received here Iy him through
the Atlantic telegraph c4b.e.
SInce then additional testimony has been
presented. LOraidc Dumout, Il laundre,s,
swearing that She washed Mrs Durand :
clothing, which were stained With blood
after the .4rsc whipping; thst, at dcpon
ent request, plaintiff exhibited to dtpun
CHt The iaCelatCd wounds on her person
fi0m which the blood had Il we'd and that
depOncut knows thai defendant Va in the
habit for l. years previously ut bealIut aud
maitrea.ing the plaintiff
I BHia \ tondlt, riopretross or No. 81
C"non place, ~hcr' s,,-rntif aud defend
ant bo9Etrd cInee May, 1858, testified that,
+ N May last, Mrs DuTanI rushed IN terror
/ into the Laundry and tagged deponcnt 10
I protect her, sag ing, HIDE ne, oh, hide
/ me, Mrs. CuniIt, DU"auI Is alter lne with
a pistol, and i going to shoot me Do
rand subsequently rushed exctedjy into
the laundry, and ask d for Alrs. Durand
! aud depou"u: believes if Mrs. Duraud had
not been already hidden IN the pantry, de
I icndant would have taken her life his
Conduct tc .aid her was brutal ia the *
/ tieme, and after the false report of plain
! tiff death Durand had the check TO
wear weed around his hat and pre-
! tend to fee! much sorrow, though within q
week lie began to pay his addresses to a
young lady in the house.
/ the husband OF the last witness also
corr0borates the main features Of tne last
/ witness affidavit
/ II ID Caldwell, c'crk at the Continental
bank, testified that Durand kept al o.
count n the bank amounting in the aggrc-
gate from August, 1862, 70 July. 1861. to
$500, COO; the accoun. was in the name of
N ny D4ranl