The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-19
LIE BRINCKLEY DIVORCE SUIT,

Interchange OF Legal Courtesies Between
Counsel-Nr. Brinckley's First Appear
ance In Court-Cl0sc OF the Plaintiffs
Case.
The trial OF the BrincKley divorce suit was
resumed yesterday morning at halfpast ten,
in the Supreme Court, Circuit, Part 2 before
Judge Van Brunt Half an hour before there
was a sprinkling of curious spectators in the
room. The first OF the counsel to arrive was
Mr. William II. Anthem, counsel for the defence,
with huge box OF papers, the very sight OF which,
one would have thought, must have appalled, Mr..
II. c. Brown, who appeared for Mrs. Brinckley.
Mr.. Brown however, seemed to be perfectly undis-
mayed, as he had brought with him a paper noun
tain o, like enormous size. Mrs. Brinckley, the
plaintiff, who looked worn and pale, was neatly
but modestly dressed In black silk velvet bodice,
with pretty blue bow.
Mr.. Anthem addressed the Court once more
in regard to the question Of the admssibiltY OF
testimony about general reputation. He quoted
presumption Of marriage by conabitatlon could be
beaten down by proving the bad reputation or
character OF the female. HIS Honor had ielt bound
TO ABIDE By THE DECISION
OF the Court OF Appeals He (Mr. Anthony had
examined that case Carefully, and found tn at the
prosecutrlx In that case was minor, that her
mother kept dsOrderly house ana the prose-
cutx nad 70 i've with nsr But supposs she had
The Court would then certainly have admitted the
testimony in regard to her general reputation. He
or bearing upon this suit, and asked His Honor to
admit such testimony as he did before.
Judge Van Brunt exclaimed, zone moment"
and seemed to closely examine some statute MR.
Brinckey, the defendant, thin, small man, witt a
dasning black mustache. came in at this point, this
being his first appearance at this trial. He con-
versed in ANXIOUS whispers with his father, who
sat beside him. The Judge then announced that
in such cases evidence that female was uncnasie
cprrainlV excluded nv the UeCiS0n
Court OF Appeals, and he did not see how he could
get over the decision.
proving bad reputation fell short OF proving bad
Judge Van Brunt-specinc acts must be proven.
MIR. Antnon-Ifit be competent to admit the evil
dence that they had the general reputation Of liv
ing together man and wife, Is 1t not right to ad
init testimony showing that her character was
such that she could not have lived a lawful
w1ef This was shutting out very valuable testi.
Judge Van Brunt-It seems to me SO. too, but 1
The Court OF Appeals says that bad character
cannot be proven by bad reputation. and excludes
all testimony OF this character.
Mr.. Anthon-win Your Honor allow us to prove
specific acts OF immortality
Judge Van Brunt-I might allow subsequent acts
Mr. william A. Beach (who had come in by this
time)--There is no rule under which such testi-
Mr. Anthem desired to except to the ruling, and
It was agreed that the previous testimony. under
which tins question came up, should be read, so
that the exception might be noted at the proper
place. This was done accordingly. Some Of the
Iunny passages called smile to the faces OF Dotn
Mr.. ana Mrs. Brinckley.
Mrs. Brinckley. after the reading Of this testi-
m0ny, took the stand for q few moments.
Mr.. Beach-Did you communicate to your father
the TACT that you we're married secretly
mrs. Brinckiey-Yes, cir. Ny father was also sew
eral weeks at Mrs. Lewis with us, and in the
presence OF my husband he treated me as his law
Iul wle, and clearly showed that he understood us
to be man and Wife,
Mr.. Beach-How soon after your marriage was
thisy
Mrs. Brinckley-Apout year; but announced
20 my father the fact that we were to be married
secretly before the marriage took place.
Mr. Antnon-Do understand you to say that
the defendant was ever at Mr.. Lewis when your
father was therei
Mrs. Brinckey-why, certainly. And father was
there with US Tor weeks, and Mr. Brinckley saw him
every day. He did not live there except for two
days, but came there every day. Mr.. Brnkey lett
for Q short tlme and when he returned he found
nv father with me.
The prosecution rested their case.
Judge van Brun at this stage OF the proceedings
announced tnat In consequence OF some iutelli-
Rence nc mad received he would be unable to 10 on
with tue case IN the afternoon. and adjourned the
case till to-day at ten O'clock