The New York herald., 1871-08-23
MAHNING'S MATRIMONIAL MUSS.
An Interesting Divorce Suit
Brooklyn.
The Plaintiff Rescued from I'll
Lunatic Asylum.
SUPREME CoUNT-speCiAL TERN,
Before Justice Pratt.

before JUSTICE fTau
Fidelfd r. Manning us. John s. Adnnfn0.-AbC
two months since Mrs. Manning Instituted a 81
for divorce from her husband on the ground OF ad
terry, cruelty and inhuman treatment. The case W
referred to S. ID. Lewis referee, to take testimo
and report The parties were married about eiQ'
teen years ago. ana have three children living, Il
eldest being about sixteen years OF age. Defenda
Is nearly forty years OF age and plaintiff Is 10
years his junior. For some years past defenda
has been the proprietor OF drug store on the &C
ner of Clinton and Baltic streets, and is now In go
circumstances
Last Thursday defendant, accompanied by
counsel called at the Office OF the Commissioners
Charities in the Court House, and presented &c
tinca:e, signed by Drs. Dwyer and De Barre, setti
forth that plaintiff was a person OF unsound min
and asked for a commitment for the purpose OF ma
ing her sent to the County Lunatic Asylum. Th'
were received by Mr.. Hugh COrbOy, who 1niormt
them that he could not sign the commitment, for tl
reason that some time since the Commissioners hs 4
adopted resolution declaring that no person shOu
in future be admitted to the Lunatic Asylum at Fla
bush unless the certificate was endorsed by ethtt
DR.. Little or DR.. Young. who have charge OF ths
| institution.
on saturday morning MIR. Manning returned wit
| the certificate bearing Dr. Young endorsement
| ana the commitment was therefore made out an
the unfortunate lady sent to the Asvlun ana place
under the charge OF Dr. Mcdonald. Several friend,
of Mrs. Manning have, 1t Is alleged, declared th4i
she Is not now and never has been INSANE but ina
IN consequence OF the cruelty With which sne ma
been treated by her husband, her nervous system
| completely shattered.
On Monday Colonel T. J. Jack, Of counsel for Mrs
Manning, applied 10 Justice Pratt ior writ ot
habeas corpus. order toat his client might be Pre-
| duced in court and the question OF ner sanity del
cided. The application was granted ana the VIII
| was made returnable yesterday.
| Mrs. Manning was brought down TO court py on
OF the doctors Of The asylum. Sne was dressed IN 1
| summer suit OF light blue, and beyond worn ant
anxious appearance there was nothing AZ all 70 In
dIcae that there was anytning The matter with her
Colonel Jack said addressing the Court ''We CLAIM
that the whole thing is false; tnat there IS no unacl
| In the case and we will establish It, Your Homo
WIN remember the Commodore Meade case; 1t camt
up Just as this has done ON writ OF nabeas corpus
| Judge Pratt directed that Mrs. Manning should be
sent one of the chambers, and then DR.. Owyer.
who had certified 10 her In anti, was examln ed,
and stated that he had been called in on Friday
| last by Mr.. Manning, whose hand was oleedlng, anG
he said IT had been caused by his wife making 6
violent attack on him. lie was unable 10 tell w nal
nal enpea ance he did not see anything else indi
caiye OF insanity. Her huSOani in;oslned MN That
she had previously threatened 10 take us lle am
also the lives OF her Chi dren. on questioning he1
| she accused her husband OF ili-treatlng ner fol
eighteen years and also said tnat ne had communi
| Gated ioathsome disease TO her.
| When he mad on one occasion been called In tc
| attend one OF her children whose arm was broken,
She appeared TO be a very aifeotionate nnOtner IL
| fact her affection for her chIdr prOverbial
| In answer Justice Pratt the Doctor said he had
not examined Mrs. Mannns's pn,se but she was 8
| woman OF violent temper. With the execution o.
| what mad taken pace on Frioay morning he had
taken the husbands word IN regard " her threat
Dr. De Barre was then examined. and said tina
| from the impression made on aim Oy ner genera
appearance ne came to the conclusion Ihat size was
| a victim Of mania.
several PHYSICIANS and persons who had known
Mrs. Manning testified that her mind Was perfectly
Justice Pratt said he thought Mrs. Manning had
better be discnargel undef the stipulation that she
| should 20 into The try with her Ctdren.
1t was then suggested thrt decree OF divorce
| should be granted aud an allowance o eight or ten
! dollars IA week DE made her, together Witn 1900 O
the money IN the bank, II she agreed 10 take the
| two youngest children With her. If the chidrer
were not taken then the alimony would nave to be
The discharge OF Mrs. Manning was ordered b,
Jusiice Pratt Before he necessary papers had been
made out she was brought into court and the fol
lOwing conversation er5ued-
Justice PRArT-Mrs. Mannlnr, am ABOUT to order
your discharge but have reen told that you are
woman OF a very violent temper and you see wha
trouble mat mas Dro lgnt upon you.
Mrs. MANSING-But, Judge, did YOU inquire the
Justice PRArr-No. and Simply rentlon it now
for the purpose Of SHOWING wnat trouble you have
got into Dy allowing your temper to get the better o
Mrs. MANNING-You must remember that am
woman born with temper; without it 1 should be
OF no use aud the trouble was Caused by the usage
have received night after ngnt frow my husband.
Justice PRATr-lt will, however, De wel Tor you tt
remember that II you eXDi 1t more OF TINS kind
OF temper you Will rend5 lourseli liable TO have
oumiss,onappolnted for the purpose OF deciding
whether you are q person OF SOUND mlnd, aha tnen
you may be locked up.
MIS-. NAMING That is right. understand that
Justice PRATT our counsel and Mr.. Bradshaw
can settle all these mat ers between you and your
husband, and 1t VIII be better for you now TO 60 o1
INTO the country.
Mrs. MANNING-Yes, shall go TO my sisters.
shall. not live With HIM docking at her husband) any
more and then shall be removed from those Irrt
taung canses which brought my temper upon me.
Mrs. tanning was then d.scharsei aud, on cav.
| ing the court room In company tn her chiioren
| her sister and number OF friends, WAS heard tC
| exclaim, 81 am Tree now"
The report OF the referee In the divorce SUIT was
| fled, aud In few days the marriage tie between
| Mr. and AIRS. Manning VIII be sundered.