The New York herald., 1870-12-18


the plalnti chose TO consult Mr Edwin James agaln
for the purpose Of obtaining legal separation from
. deponen That she wrote letters TO various people
informing them or her determination, and por-
ton OF u letter was found by deponent ABOUT this
Time, winch, upon being placed togetner, READ as
follows:
no, Know where 70 ws Miss Tracy has been away At
Long Branch this week and her letters have not been sent on
,Ics wl.h 5sd cold bat shall be better soon ssa be
And deponent says that the Miss Tracy referred TO
IN the aforesaid letter is young LADY VINO boarded
III Mr. SchonbergS house at the time depoDent aud
pamtn boarded there, and with whom the p'eintlir
became immediately Intimate rs soon as ueponent
anu llilniiil moved 10 said house and as dcponen,
letter refers to the afor SAID Mr.. Seayr, anu de-
ponent said that neither plantir nor her have either
father or grandfather ana that he himself mas never
AT any time been designated by the piantitr by the
term ''papa.n And deponent says that the plaintiff
was Informed by the deponent that the said letter
was In MS ideponents possession bat that she re-
fused 70 give any explanation IN regard 70 IT,
although she was much moved ana troubled; and
aeponent says that the plaintiff continued visiting
Mr.. Edwin James with view TO u separation, but
that she eventually PROMISED to become reconciled
agreement giving her clear half OF
all his money, amounting 10 about $1,000; the
whole OF his building shares In England whlcn
were merely nomlnaily in her name. ana when
amounted in value 10 about $1,000. and about eight
building lots IN Australia, which nad already been
decided TO plaintin by dcponent. and which are
possibly worth about $3.50; and deponent says that
he agreed tO sign document 10 tnat eHecT, DuJ
before he mad signed IL plaintiff refused 10 accept
such settlement unless the fragments OF the letter
heretofore referred TO as addressed to "Papa' were
Delivered up also. THESE fragments were tnereupon
delivered, and destroyed by Mr.. Edwin James in de-
poncnts presence, who, after reading the same,
stated to the palntln that "to say the least 1t was
most improper letter for married woman to write'
In addition to the above concessions, deponent says
he paid to Mr. Edwin Jam IS as fees the sum OF $50;
and deponent further says that from Fourteenth
street plaintiff and deponent at once removed to las
West Thirty street, TO the house OF Mr. Har-
Drn maj oh pf n .ta "a
New York 20 fuhl engagements south, the piaintiR
refusing 10 accompany INN; and deponent says that
during his ldeponent's) absence OF seven or eight
weeks he remtel TO the plaintiff sums OF money
amounting In all 70 $40; that the plaintn joined
services at nas a
In his engagement as an actress he paid all
her expenses and placed her III every way upon an
equality with himself as an artist and paying her
twenty dollars per week. AT Detroit plaintiff wrote
letter to England, requesting the building shares
referred to to be sent out, although she knew that
an arrangement had very recently been madc.be-
tween herself and deponent that both she and de.
deponent says that upon nnding OUT she had written
sucn directions he ,hereupon wrote to England, de-
string that said shares OF building society should not
be sent out, hoping that plaintln might stlil be
induced TO accompany him to England, and thus
be placed among her true friends and relations.
In reply TO the fourth section In the petition Of the
paintIf In this action, dep0nent says chat during
the month referred to In said section, the plaintiff
Cleveland, one week in Detroit and two nights In
Buffalo. That the engagements at these places.
with the exception OF that at Buffalo, were with de-
psnent alone, and the understanding was he should
divide the houses after certain expenses had been
paid. That the plaintiff simply accompanied the de-
ponent as his wife, and that during such trip he paid
all the expenses OF both tho paInur and him.
SELF and PAD her, without any agreement whatever,
the or twenty dollars per week. In reply to tne
NTH section Of the plaintiffs petition IN this action
this deponent says that he has not Information sur
fcient to form belief as to whether the plaintn Is
now residing In New York, as he has made every cf
fort himself and through their mutual friends to
discover her whereabouts, but he has been unable
to learn anything In regard to her. That he denies
the statement that he cruel to her In Buffalo, as
In SAID section stated but admits that she then and
tnere @ acted very muca IN thc manner as deponent
speak In q harsh and peremptOry manner to her,
and that on the following morning the plaintin.
without even bidding adieu to dcpoaent, had her
baggage taken from the motel they were stopping at
and elt deponent, since which time he has not seen
or heard from her. In reply to the sixth and sew
enth sections OF plaintiffs petition in this action de-
ponent states that he has had engagements IN Omaha
now brought against him he has been compelled to
decline them. And deD0nent denies that his profess
sional income Is now, nor has been anything like
the sum OF seven or ten thousand dollars charged
by the plaintiff Aud deponent afrms ihat his total
receipts during the last eighteen months, or since
penses lor board, travelling expenses for himself
and Wife, and extras for both, sf.ooa; expenses for
| cash, &C., to PLAINTIFF, $500; total, $5,757;
total profits for eighteen months, 5000.
the plaintiff, deponent admits that during the month
OF june Is 90, the palntr dd hand over to INN the
her at present, but asserts that the amount was
paid 10 him by her as part payment or money ad-
vanced TO her by him for an outfit, In England upon
the occasion OF her embarking for this country AS
to the ninth section OF the petition OF the
plaintiff, depOnent says that while lie admits the
building shares mentioned In said section, stand in
England in the name Of the PLAINTIFF, and that he
did agree to hand over the same to her. yet he az
firms tnat the said building shares were purchased
solely with the earnings and moneys OF deponent,
and that the agreement referred to IN said section
as having been stgDed by him, was obtained from
n m
on the part OF the plaintiff TO fuf her part OF the
engagement, aud without any consideration what
ever. And deponent denies that the said building
shares are worth more tnan ST. 200 ia currency, and
he further denies that he has the Of $575 any
other sum in his hands belonging to her. And the de-
ponent further says that while he admits that there
nave been times ana occasions when he has cXhb-
tied towards the plaintir hasty manner, and occa
siOnally used harsh words in speaking to her, yet
that the same has been occasoned and excited by
her own wayward manner, and strange and unac-
countabe temper towards him during the last eigh-
teen months, the particulars OF which deponent
has attempted to snow in crude and hasty man.
ner in this affidavit. But deponent most solemnly
afirms that he has not at any time laid violent
hands upon the plaintin, or made her uncom.
Portable IN The presence OF Others Or done anything
whatever to her which deponent believes any other
husband would not have done under like provoca-
tions. And deponent re-afirms that for fourteen
years and more he has lived with the plaintif IN
perfect accord and trusts that this honorable Court
will not place him under even suspicion Of having
acted as he Is charged TO have Done until some ex
says that he will willingly refer his conduct towards
the plaintln to any respectable persons with whom
the plaintiff and himself have been thrown In con-
tact since their arrival IN this country, aud Will
cheerfully abide the result.
STORY OF A LANDLADY.
Mrs. Ann Maria Beaven being duly sworn, says
that she resides at NO. 242 West Twentythird street.
in the city OF New York; that she is well acquainted
with D0tn the plaintiff and defendant In ths action;
that both Of the parties boarded In her house at d
fcrent times during the last eighteen months, and
that at suc times this dep0neJ resided at No. 275
West Twenty-third street. ana depouent says that
both parties together boarded with her from De.
cember 1868. TO May, 1870, and depohent says that
during such time she never noticed anything in the
department of the defendant toward his wife which
could be considered ungentlemanly, but the con-
trary, from what deponent has seen, she believes
him during such time TO have been actuated IN his
conduct toward her by the kindesT motives.
THE LANDLADY's HUSBANDS STATEMENT.
James p Reaven, being duly sworn, says he is the
husband Of Mrs. Ann Maria Beaven, who has sworn
TO The foregoing affidavit and that he mas resided in
the same house with his wife during the time the
parties 10 this action boarded in their house. And