The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-25
TIE KELLOGG DIVORCE SCANDAL.
Additional Evidence Of Alleged
Infidelity. ~
Motion for New Trial-The Defence General
Denial of the Accusations


the Marcsier OF the supreme Court, BROOKLYN,
Judge Gilbert presiding, was occupied for several
days In the trial OF the action brought by Edward
r. Kellogg. a well known real estate broker OF tho
City OF Churches, against his wife, Rebecca Kellogg
lor q decree Of absolute divorce on the ground ot
adultery. The parties with whom the defendant
was charged with criminality were twoAn nomoet,
nut the chief object james NJ. Fuller, anephew,
the son or an only brother OF Mrs. Kellogg young
man OF twenty-five years OF age. The
STANDING or THE PARTIES
involved IN the issue oG traverse was such as 10 win
for them the respect their friends and acqusint-
ances among whom the astounding disclosures or
alterations OF marital nhGey iell with
crushing weight and inc clash OF doubt
40 IN me innocence or The one or
rot OF the other is sun resonant upon the public
ear and moral sentiment. Much testimony was
adduced on the trial In March last but no act or
crjmlnalrty was shown except upon the evidence OF
one Taggert. private detective; ard MS testimony
appears 10 have been swallowed with a very large
grain OF 10y the twelve ~ rorsmen of more than
ordinary intellIgence-as they brought IN verdict
OF acguttS for the fair defendant. The verdict was
most undoubtedly popular one, and was
heard To decry II who really disinterested save
in the cause OF justice on the broad platform Of
testimony and experience in human nature. Yesler
day the case came up aga in IN the same court, be-
fore Judge GILBERT on motion Tor
NEW TRIAL
on the pari OF the piantir Edward X. Kellogg,
who was represented by ex-Jndge Van Cott as coun-
sci.
Previous to making the motion, the counsel re-
qnested That TWO witnesses on The last rral Of
the parties concerned, might be requested to with
draw rom the apartment The Court ruled accord
ingy aud the youths thereupon hastily withdrew.
Several affdavits then submitted support of
the motion for a new trial. the first that Of the
plainlf setting forth that since The concuslon OF
the las, tria testimony had been adeiuced by MIN
were both erroneous ana unjust Citing the
evidence sSore thai James raom Eo Fuller in WHEREIN ban
there was a bed, In the Poughkeepsle Hotel was
occupied by him and defendant on the 2sth OF No
veuber, ls6alt was charged TO he false, and II
commended that the key which opene said room did
not mt the lock OF the door OF the adjoining sitting
room, wherein there was no bed. The testimony or
Mr. Fuller 10 the contrary was, therefore, claimed to
be false. Deponent hence considers nj mself en-.
rendered be set aSde, and that Justice DE done by
reason OF such newly discovered evidence, and that
was that OF Hannah Mulnolland, cnambermad at
the hotel IN Poughkeepse. She had carried
evening in question, and the morning follow
Ing she made up The bed with fresh
used. The proprietor OF the hotel John NJ. Edwards.
makes aIfdavit 10 The effect that the laundry books
SHOW that the linen had been ordered changed OH
the day stated In the chambermaid's statement.
Thomas A. Howard u despatch agent on The Hud-
son River Railroad, deposed that James NJ. Fuller
the date set forth above, and from their familiar
manner toward each other, supposed that such was
the TACT.
Fanny Combes made affidavit that in May 1869,
she was servan. IN the kellogg family. who were
then residing III President street Court; that
James NJ. Fuller was also an inmate OF the house,
and on the eth Of June, 1902 one saturday, Mrs.
Kellogg directed her 10 take the children down
stairs the back yard and .'scup,
tnem there being swing III the yard at
dld not want the children 10 bother her; deponent
took Annie, Annie, Hattie and Charlie down with
her. the eldest girl. Annie, went up stairs IN the
shortly, said that she had looked IN the bathroom
fifteen minutes later deponent went In, ana in her
stocking feet went up 10 the third floor, where, she
alleges, she saw Fuller and the defendant lying
bed in fGgra0te deoto; the day following told
her mistress What she had witnessed, but the latter
sald nothing; another time she deposes having
seen Fuller ondng her: two or three days after this
The deponent was discharged by Mrs. Kellogg.
sarah Best, servant, testified that she was en-
pi0yed at No. 1e1 President street, In March, 1865
that one morning she was going by the defendants
sleeping apartments as early as hall-past i've
his nlghtgown; the defendant was mt that time
lying In the bed; Mr.. Kellogg occupied the front
room on the same n0or at that tlIne one Saturday,
In the year, she directed TO take rse ohil-
dren into the kitchen; deponeni soon returned to
the parlor, however, and, looking in behed scene
highly inconsistent with views acceptable TO true
THE OTHER SIDE or THE STORY
was most marked In contrast u was furnished IN
series OF anidavits read by Mr.. Townsend counsel
Tor the defendant who was herself The first 10
Mrs. Kellogg swears that she was married 10 her
husband, the complainant, twenty-One years ago,
and has had seven children; that her husband. who
had been kind IN his early married life, had changed
OF late years, and had grown morose and cruel IN
his bearing toward her; James NJ Fuller Is the sou
oi an only brother, and she had ever regarded him
as one ofthe family; there had been nythin0
between them That was IN any way inconsistent
with the relationship OF aunt and nephew; since the
complainant had been sinitten with paralysis II had
been customary for Mr.. Fuller 10 accompany him 20
business and to remain with him. TO guard him
from danger, TO which he was liable, from rather
sudden attack OF epilepsy.
FANNY COmhps. of npponpnta above the
defence claims, was dismissed account OF I'M
pudence and bad conduct and the statements made
against the defendants chastity entirely untrue.
Mr.. Farrell who had lived with the defendant as
domestic FOR seven years and who had been living
ont Tor forty years past deposed that the statement
OF Fanny Combes is false In every respect; she mad
seen the complainant abuse and strike his wife and
heard HIM call her names which unit for publ.
cation; she. never knew
"A NEASER or MORE TyRANNICAL NAsn
Edward Kellogg and his brother, Samuel p. aged
respectively eighteen and fifteen years made
Anldavlts In behalf OF their mother. They believed
Comics TO be bad woman and that their father had
caused these proceedings 10 be instituted against
Fuller because ne has often niercred 10 prevent
their father from striking her. And further they
swear 10 believe her to be true woman, y devoted
mother and faithful wife.
Henry j. Layton, eX-detectfvc, testified that he
had been employed IN the Interest OF Mr. Kellogg TO
watch the Defendant and Fuller for the purpose OF
gaming evidence against her. but he mad never been
able TO detect anything improper or unduly familiar
between them.
aud date wherein he is accused OF criminal nii.
macy with the defendant he absent from his
place OF business at ALL
Sir. Van Cott for the complainant. then proceeded
AT considerable length ana with much iOrce to sum
10 Inc evidence aud argue the points issue IN
(avor OF granting trial for absolute divorce.
He was followed by MIR. Townsend. who urged the
cause OF his Client anu the Court took the papers
.kud reserved lis decision.