The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-26
A SUI FOR DAMAGEs FOR EsTICIsG AWAY
A HANS WIFE.

A HANS WIFE.
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All the Parties Formerly Belon ainx 10 New
York.
tFrom the S2n Francisco Chronicle, Jan. III
case which is remarkable. not only ntrinsically,
but also from the fact that 1t Is the first Of its KIND
that mas ever been brought before the courts OF Gail
forna, was partially heard IN the Fifteenth District
Court yesterday Oliver Dale is tho defendant. The
complainant's name is j. A. Bergner, and he
DoLEFCLLY COMPLAINS
that while living happily as man aud wife with
Maria Elizabeth Bergncr the defendant on or about
the 10Th OF March, 1853, well Knowing the said Maria
Elizabeth to te the vile oil the plaintiff, and wrong
fully coarivlng ana intending TO deprive him OF the
comfort, society and aid OF his said wife. maciousiy
enced her away from the plainti ard her then resi-
dence on Name street. in the city and county arore.
SAID to a separate residence on Kentucky street in
the same CITY, and has since then detained aud
harbored her against the consent OF the plaintiff,
ms UTMOST PEAcEABLE EFFORTS
to obtain her from the defendants custody control
plaintiff has been and still is wrongiully deprived by
the defendant OF the comfort, society and aid Of MS
said WIFE, and has been put to great trouble ana cX-
pense In endeayorIng to recover her from the de.
PENDANT aud has suffered great distress of boay and
mind to his damage
The complaint further goes on to state that, on or
about the LIST OF May, 1870, Maria Elizabeth had
child which had not the slightest right 10 call mir.
BerVner pspa; and further. THAT by reason OF this
the affection which The said Maria Elizabeth there
fore had for pla:ntin was allenaled and DESTROYED:
March, 1865, Geprlved,n &c.
lie consequently claims $4,000 damages for his
lacerated feelings and ruined household.
DEFENDANTS answer denies each anu every one OF
plaintin' IS allegations
Messrs. Drake and Rix are attorneys for the plain
tin; Mr.. Douthill appeared for the defendant.
Mr. Rix stated the case to the jury substantially
In the complaint.
AN EXTRAORDINARY CASE.
Mr. Douth said the case peculiar one,
more especially IN California. There had been
they had been OF rare occurrence Ia other States.
He supposed It was because the wife who would so
demean.hersef was rarely considered worth troub-
ling about; and perhaps. ALSO II was because 1t was
so diilcult 10 recover damages In such After
stating the case Tor TIE defence, Mr.. Rlx called
THE PLAINTIFF
J. A. Bcrgncr, to the stand. He was sworn and
testified follows:-l am the plaintir am a mar
RED man; was married in New YORK city in 1851;
year 1881, living with my wife all the tlme In that
year came 10 San Francisco; while resided in
New York my wife and had no difficulty In getting
along; was working IN the window shade business;
during that ten years five children born me-
CISCO; after had been mere FEW months i sent TOR
my family: after they arrived here lived In Seuart
street, III different houses Tor three or four years;
continued 10 i've happily with my wife up to within
TWO years or her leaving me; know
THE DEFENDANT;
i became ACQUAINTED With him In New York; he was
member Oh the same church; my father marred his
mother; never visited my house in New York; saw
him here few days after my arrival IN this city;
was here some years before ! was; ne became
IOomer IN my house; previous to that he used to
come up to my house very often; he began to visit
here: was engaged IN coasring between this city
and Sacramento on schooner;
THE CAUSE or THE DIFFICULTY
was the intimacy between my wife and Dale; first
the neighbors spoke TO me about 1t HAD confidence
about it, and told her thought she ra.ier too
Intimate with Dale; at one time SAID did not wish
Oliver Dale TO come up there to my house and she
thal Ii put Dale ont might put her Out also;
spoke TO Dale about H. but he did not say whether
he would leave or not: whenever spoke OF the sub
ject there would be trouble; finally Oliver Dale left
the house, when he left my house he went TO
Europe, AMI was away something like seven or
eight months; lie took
MY wIFE's PORTRAIT
with him, and during MS absence ne sent my wife
OF II, but she tore it out OF my hands, received
Others, and used to run ald read them in private;
during Dale's aDsc0ce had peace IN tho family;
after his return he came 10 my house against my
permission, and continued to come until he got
acquainted with woman at the LICK House, when
my wife became Jealous and drove him out OF the
house; l continued 10 live with my wife till March,
1865; after coming to California no children were
born; III March, 1863 l was working at lumber
came home one day and found
THE FCRNI uIG PACKED Up
on cart, and they were driving II away; the driver
Mr. Germans: my wife went 70 Mrs Crowley's, on
Mission street; | found her there Jew days after
ward the very evening she went away Oliver Dale
found her, wnen did not know where SIC was:
went there ana tried every persuasion TO get her
away; offered her money, gave her money; she
she would go to service; few days after she went
TO Germans place AMI took her furniture
wnen she lett Mrs. Crowley's she went straight to
Oliver Dales; went to Dale and knocked at the
nal door ne nswered II aud said, what do you
WantY' said, ''You have my wiTe and chtld:f he
replied, go 10 he'll and get your wife and chldr'
and slammed the door IN my lace: since then have
not been 10 Oliver Dae's before the defenuant came
to my house was possessed OF sufficient means to
support my wife comfortably; saw my wife at the
house OF the Rev. Mr. Hulpreth and / tried then to
persuade her TO return TO me as also at another
time wnen she came TO my house 10 see my eldest
daughter; she said she would never live win me
Gua MON m vafy until
she got child, aud III en gave her up
Cross-examined ~ Mr. Doulh'l-I went rom New
York TO Chicago at cIe time and took my wife with
me; proposed TO go
As A MISSIONARY TO THE scASnrNAvIANs:
stayed tiSre month perhaps; my wife returned
with me TO New YORK: had means Sufficient then;
when started had $500; furnished her constantly
win home; clothed her properly and never had
any domestic troubles with her in New YORK: when
lett her IN New York left some money but
moi much; came, say whether 1t was So or $50; cam
not swear 10 any amour; over So; my sister he ped
10 pay my passage to San francisco; that Is how !
got here; III San Francisco Lived with my sister
who came out with me; went 10 boating alter two
or three weeks up TO sacramento and up the
river a friend OF mine lent me some money; was
gagged In boating for five years: when my wife ar
rived here HAD q little money; think | sent her
something ike $780, when she arrived here can't
say how much money had; paid her expenses 70
come out; don't recolect how much; don't recolect
whether paid the whole BIZ or not; paid the rent
at the different houses at which we lived will
that she did not pay the rent there by taking In
roomers; | applied TO Dale once for assistance
and ne refuses me; he did not furnish me with en-
poyment; went on schooner mt that time, but
not IN his employ: had an Interest M the yes
sci: ] gave Dale $3.50 or $500 for part OF
my interest and was TO work of the balance:
the vessel was worth $4,000 or $4,000; generally,
Dae was with me on my trips that was IN 1866: ne
got room III my house IN 1851, and rOomed there
six OF eight months: lew months after he had
boarded al my house our arrangement about the
schooner was broken up; he did not complain Of my
industry or lack or energy IN the business: before
Mr.. Dale rcofncd al my house we had never had auy
more domestic troubles than most families have-a
word or two, perhaps occasionally; susI ectel
my wife long before Dale iooned at my hoase; III al
reason TO suspect Dale after lie came 10 room a. my
house; came IN al times and found
HIS ARMS AROUND NY wlFE's EEca,
kissing her, and using en1eliiag language to her:
did wish 70 lay hands him. but did not think
ii quite proper; saw such conduct several tunes
wnen came in caught them kissing one another;
these acts occurred after he had ceased 10 room
there, told Dale " ieaye the house when had my