The New York herald., 1876-02-22
A $2,OO0,OOO Estate and $4,000
Annual AlimOny.
The Park Avenue Theatre Property
Again in Court
Rights Of Evicted Parties Under
Long Leases.

the fact that the allowance demanded by the wife, be-
ing $50 900 year for life larger than any almony
demanded in any prior divorce suit in this
try such large being asked the ground that she
As chronic invalid. number OF distinguished counsel
IL employed both sides, Messrs Edward W. Nc
Adam and Anthony r Dyet representing the husband,
and Messrs John B. Ferry, Edward b Cowles and ex.
Judge Samuel Jones representing the wife The papers
very voluminous consisting of ten adavts on the
side Of the husband covering, with the complaint
100 pages of foolscap; twenty-five adayits behalf
OF the wife, covering with the answer 200 pages,
closely written matter say nothing Of the long briefs
OF the lawyers that OF Mr. Perry alone covering 40
pages The wife asks until the trial $4,000 year
temporary almony besides s., ,3oo TO furnish house
and buy span OF horses and carriage, and S. 900
counsel fee After various adjournments the camo
on yesterday for argument the motion for alimony
before Judge Robinson holding Chambers of the Court
OF Common Pleas
MI. Perry opened the argument in speech OF nearly
two hours in length, combining himself as be said In
his statement OF the for the wife, wholly to the
allegations set forth in her and the accompa-
nying afidavits. The suit, he stated, begun on
the 18th day OF December last the husband wife
then occupying the house. Four days afterward
he ordered her OF the house She resisted her
waiting maid, cook and coachman took sides with her
and also resisted the attempt TO eject her. The hus-
band hereupon seized the coach and team by Sher IS
oncers replevin suit brought by HIM against the
coachman, transferred the title OF the household prop
erty TO his Gerry and instructed Gerry to bring
his family In and dispossess her. All en-
deavors to restrain the husband in his course
failed On the 10th Of December the husband still
insisted that she must leave and ordered her bedroom
suit and trunks IN the hallway, and she hreupon left
Her waiting maid cook and coachman went with her.
The next dayshe stopping at the St Cloud Hotel over
night-a suitable house was obtained for her until
May, which house she has since occupied with her
waiting maid and cook This house, except the base
ment and her bedroom and the bedroom OF her waiting
maid and cook is wholly unfurnished Since then her
physician has attended her the same as before She
has been the road almost every day since,
though since the 10th inst confined to her bed by sick
ness; she has impaired sight chorosis hemorrhage
and chronic dyspepsia and has for the last five years
been confined 70 the house one half the whole five
by Sickness to the bed onethird the whole Ave
years by sickness and all about 100 days of her
mind wandering about the house care her physician
and lady attendants These facts affirmed by her
physician, by Walkers female relatives and by his
neighbors' w1ves Her physician gives the amount OF
his bills averaging over $500 year Her druggist gives
the of drugs taken by her averaging $500
year. Her dry goods man gives the amount of his
bill for her exclusive for dress averaging 81 600
year. Her child, a boy now twelve years of age at
school Jena Germany, by her FIRST husband being
educated at an expense OF $3.50 year. WALKER had
allowed her up to shortly before the commencement Of
the SUIT $50 week purse money her actual present
wants foot up $ll 426 year, or $220 week She
moved for temporary alimony upon the pleadings and
pbysicians affidavit she denying under oath The adu
terry charged against her Thereupon Walker produced
the adavits OF three servants of his belonging to
his step families by his second WIFE, two others
q
avenue, and some stable boys to prove that
she was a debauchee and drunkard, and fegned sick
ness and to show with his affidavit that he poor
man. going 10 ruin by reason Of his wiie's extrava-
gance and that hg income for the last eighteen
months had been only 0Oo In reply to these fresh
accusations the wife produced twenty-five witnecses
several of whom examined openly before the
Clerk OF the Court appointed as referee 10 take their
testimony Walkers male and female relatives, his
business connections, his intimate confidential friends
his neighbors and their wives and his wlies physician
all testified Tor the wife, showing that her husbands
dered the whole oft; that his wife lady every
sense Of the word that her condition Of health was
such that Il was impossible TO intoxlcate her with
liquor wine, and 10 whether her sickness real
represented, the wifo, her physician and counsel
challenge Walkers side 70 call any OF the leading
physicians New York TO examine her, and at early
stage made such tender only in open
court but in writing, upon which service Of
has NO. ye, been accepted The wT,os answer !, fory
pages long IL forth that she forty years OF
age; thai she born in Kentucky; married James
him Indiana until 1862; that they then 10 Calf
fornm and settled Stockton that misfortune there
befell her and eit her helpless with one child DC
pendent upon her for support that about 1865 she
came acquainted with Walker, who was then
treme circumstances that she earned his nrs 81 000
though be was then sixtytwo years OF age, he now
being seventytwo years OF age; that she was the
thor OF his fortune; that they we're married in san
francisco in 1865 and thar be returned New York
with her IN 1869 millionaire; that General Joseph
Lane OF the Mexican war Governor OF Oregon and
member OF the United States Senate. is her nrst
I
that she has brothor and sister IN Illinois, both Of
independent means; that she has two children, one by
Walker the one now school in jena Germany, with
hia elder halt brother; that her husband Joseph
Walker rs OF unsound mind; that he has eight broth
ers one OF whom is unatic son half foo, grand
son born IDIOT that he has been married twice before
has children and grandchildren by both his former
wives both Of them being dead; that be has nty odd
stepchdren step grandchildren and step great grand
children by his second WIFE that there Is not single
business OF any magnitude that he has per-
formed which whom len 70 himself was not performed
Heu ht onRhfA haar rrnA-
dental friendR she further sets forth the reasons
which incapactate him tor the custody Of children;
that she got her children beyond his control last Sep
tember and requested OF him an Amcable separation
and proper maintenance; that she has not occupied
the same bed with him for two years that she pushed
the project for separation and that u resulted this
suit She demands divorce the ground OF his
adultery, the custody Of ther child and that be
properly restrained or that commission in lunacy
issue against him She charges him with
transferring property In California 20 New York in
hostility 20 her and her children, 600 worth OF
property In single instance beng thus transferred
Her charge OF his moving and shifting his property in
hostility 20 her has reference chiefly 70 California mat
owned everything common, share and share alike and
her bali descended her heirs his heirs she
also ayers the litigation 70 De simply strugge between
three acts OF heirs 20 cast ASIDE order 70 Obtain
the control or disposition Of an estate OF nearly
$1,000 600 the real issue being. as she AYERS 90 make
her knucker and yield the rights Of her children by
consenting 70 ber husbands squanderng all he 10
worth disposing OF BY gft during bis lifetime In
conclusion. Mr. Perry laid down i've propositions:-
fSyst-That permanent AIimony may be ordered 10
A high as one third the husbands income. She de-
manded $50 900 year for lifa
Second-That temporary nlmony, a. rule, Was not
as high as permanent but there we're exceptions 20
that rule, aud one Of the exceptional cases was the
wifes sickness or condition OF health. The wife 9
condition Of health here demanded high temporary
amony she demanding. however, only Sl5, 900 yesr
temporary aiimony
TAirdThs actual Of the wife IN this case were
11l, ,t2o year, but actual wants" as Limit
ploded in Leslie Leslie Is Abbl ana that was
confined 70 eases where the wife brought su for lin
tied or full divorce under circumstances which rem
dersd u doubtful whether she justly entitled 70
pursue the course she proposed In Z Paige where
the wife len farm and took board among her relations
IN the city a. high price, but there such
meat was held 70 be founded upon. actual want she
having no other relatlona
FourtA-The husbands ability 70 pay being estab-
lished what suitable for the wife may be
without rostriction arising from any fear Of doing
Justice to him Fornest va Fornest, Brown and the
wife here asks 10 the extent Of t12 300 year At least
for nothing except What she has been accustomed to
npd
nidercd and ths entities her upon Tie whole case 10