New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-12
THE COURTS.
SUITS BETWEEN MAN AND WIFE.
SECOND TRIAL OF THE BRINCKLEY DIVORCE SUIT
WIFE's GRIEVANCE.


SECOND TRIAL OF THE BRINCKLEY DIVORCE suIT-A
wIFE's GRIEVANCE.
One of the most interesting narratives which
have been brought TO light through the medium OF the
divorce laws again reviewed IN the second trial Of the
Brnokey divorce suit. which began yesterday In the
Supreme Court The first trial IN June last was held
before Judge Van Brunt without jury, and the Judge
OF tho opinion that as tho evidence could be mar
rowed down TO a very small compass and as the testi
mopy WAS of very conflicting nature the Court should
have tho aid OF Jury UNDERMINING the issue, the
main question beng, were the TWO ever marriedl so
the found again on trial IN the Special Term
this time with twelve men to decide the issues Of fact,
andtJudge Van Brunt TO determine the cgalpoints OF
difference The entire day was taken upafter bril-
liantopeninp address by Mr.. Brown-in the exami-
nation of Mrs. Brinckley by her counsel, Messrs.
Brown and Beach,Mr. Anthem crossexamning behalf
of MIR. Brinckley. The courtroom was filed with law
yers and tho utmost interest was manifested In the
story OF the delicate lady who occupies the position Of
plaintiff She is particularly short. but very
slight In figure. and has noticeably adyke bearing
Her face il thin. her black eyes arc large and pleasant
and her black hair is strong franc pale IL
surrouuds Sho was styishy dressed ana appeared,
perhaps TO better advantage than Oh tho former trial.
During the progress Of the other trial Mrs Br!nekey
wept excitedy. and appeared 100 agNleu 10 Dear tnc
test of examinations yesterday she told her story with
composed face. and with an equanmity that could not
be shaken, although sne IeD"ihVu w az sViu''"n'V'
after the davis sthat she exceedingly
nervous she left the impression, however, on
The audience OF being, in tho vernacuar
OF her own South, "rght smart Witness
and pave evidence OF the generous education
sbe had received Mr. Brinckley was not in court but
will probably he present to-day. lhe history OF this
case mas been told times III hinges ON the alleged
marriage Of Hugh Brinckley to MS we Elizabeth, by
private contract and subsequent ie with her as her
husband lie claims that his relations WIN her We're
,nnretrcons and this is the point issue. The first
hrou nv
Memphis for n limited diyOrco (Which carries with 10 the
ideo ~ MARRIAGE and for amOny. The Chancellor
fused to allow aliDOny, ana she discontinued the SUIT 10
bring IL here. Judge Barnard granted an order
expenses her trial Bncklcy refused at irst 10 OBEY
tins order and appealed Tue order was confirmed and
JudQe barnard meantime granted The lazy anOtlef
order striking ont Bunckcy's answer and aUuhglns
him pInIty of contempt. Brnckley atorward plugged
himself of the contempt b. paying up his aiimOny IN
arrears Tao present case Is the same as hrst Desu-a
suit a D6nSG ef U0rO
In 1847 JoDn De La MOntaguce, poorphyscan age %
wears married Il widow named Caroline Gree age -
who owned valuable lease OF property in Broadway'
which had been transferred 10 her ~ her former Iu
hand and lad been known a. tho Sailors snug Hal3F
lease OF No 76l Broadway. In lS49 Monasnee aud las
wife wen, 10 California After er return 20 this city ne
invested $4,000 of fortune IN steamer called thc
Gold Hunter for the transfer Of passengers To the goa
NcIds ms uroyo total failure. ana the steamer was
meantime, returned TO Ncw-loik. Very soon Iettt
was received from his brother California expressing
fears that Mrs Monagnees property was liable for the
steamers debts a. tile investment had bceh uade III
her name la order to avoid tha she was induced 10
transfer be title TO her husband and soon after az sue
alleged he became indifferent 10 her. aud Dndhy, u
IsIo abandoned her. she brought suit 70 recover the
nrDurrty on The ground that the transfer was made
nnder a misappreheAsOn. Tlls tried before Judge
CardozO and decided III favor OF the husband SmDsc-
quenty Mrs. Montagnee dlei ana her executor, Nian
L. Boyd. appealed from that decision ana the case va"
argued in the supreme Court General Term, yesterday,
before Judges Davis Daniels. ana BRADY De,h oS
reserved. n L. Smith appeared Tor the appellant ahu
t. W. StOug 4tOu for the respondent