The New York herald., 1871-03-24
~tf' 49, = -, -..-.'-n..s
SUPREME CluaT-clhCuiT.
The X elloeg Divorce snit.

= .s4,.,.. Before Judge Gilbert
Encard Il. K.!,55g iVs Eebecca Kelloqq.--The
plaintiff in this case, which was reported in the
HERALD OF Yesterday, brings suit for an absolute
divorce on the ground OF adultery. The testimony
for the plalntiG being all in, James NJ Fuller, the
nephew of defendant, with whom She Is alleged to
ssn saxs s a.s Ssdss wS csa s he 70 1s ss
eyer had any improper intimacy with
isssa eispssleqt to 1ssn fossSssspsle ns syeIs
road in Jersey City. where he was employed On the
morning OF the 2sth OF November, 1859, she said
that she had been turned out Of the house by Mr.
kellogg and did not intend to return. She asked
HIM II he could get her passes TO Toronto, where she
should CO. as she had friends there but aid not ask
to get passes for her. but said that II she must go he
would accompany her He then took her to the Hud.
son ver Railroad depot ana mere bought tickets @
?. NJ. train and checked Mrs Keogg's trunk through
TO Suspension Bridge. He had no baggage When
they were nearing Poughkeepsle Mrs. Kellogg, who
had been excited and nervous oil the way, burst
out crying, and said she must go back TO the
children. He went into the baggage car and tried
at the bottom OF all the baggage. lie consulted q
Time table, and found that they could return from
stopped there and went to the PoughEeepsie Hotel.
There he engaged room for her. ana as she COM
toast for her, which was brought up, and he then
LETT the room. Going down stairs he saw what
appeared 10 DE the DloZe VI nrc, ana pro-
ceeded in the direction in which 1t seemed to
be. Not finding it, he returned TO the hotel,
after an absence OF about two hours and q
half and smoked until he thought 1t best to notify
Mrs. Kellogg to get ready for their return to New
YORK. AT ABOUT half.past one lie went to Mrs Kel-
loggs room and knocked at the door, and at Two
"A. NJ they were on the train returning to New York.
lie accompanied her TO her home In President
street The next day he telegraDhed for her trunk,
which had gone on 10 Suspension Bridge. He
signed false name the register OF the hotel, be-
cause he did net want evil.lninded persons, who
M its,If m MAJ fiarA ion
That TO make any trouble.
Mr.. Fuller further testified that IN the summer OF
1867 Mr.. Kellogg confessed 10 him at Lanesbovough,
Mass, during the absence of Mrs. Kellogg, that he
had got into q scrape ana Witness himself saw
number OF bottles In Mi. Kellogg's room.
Edward Kellogg, the eldest son, testified to the
use Of abusive language TO his mother by his father
before ana after Fuller had been ordered from the
house. Witness also saw the bottles spoken of by
Fuller and heard OF his fathers condition.
Amy Kellogg, daughter, swore that on the 29th
OF November 1869, her iather chased her mother up
stairs when she Went out BY the front and came IN
by The basement door.
DR.. Johnson testified that during the summer Of
1867 he attended MR. Kellogg for constitutional dili-
nation house where II Is alleged the defendant and
Fuller went one night swore tnat she had never
seen either OF them there.
The evidence having been closed on both sides
Mr.. Townsend summed up for the defence, MIR.
Winsow for the plaintiff and Judge Gilbert charged
the jury, who thereup0n retired As they had not
agreed upon o verdict up to a late hour the Court
ordered them 10 bring In sealed verdict Tins
morning.