The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-14
MARRIAGE and DIVORCE.
A Drama in High Life in
Louisville.
INSANITY AND lNFANTlClDE.
Heirs Fighting Over Maniac Wife's
Dover.

LOUISVILLE. KY, April 10, 1915
Tho social and financial elements OF this city wcre
nstaed to intense degree the other day by The decs-
lon Of Chancellor Horatio W. Bruce rendered the
OF Mrs Cornclia W. Newcomb John u. Smith, exccu-
tor OF the will OF the late II. d. Ncwcomb The par
ties to this suit represent the dignity and wealth OF
OF the oldest and respectable families IN this
State and the money involved In the very many
thousands Of dollars
HISTORY or THE SEwcoMDs.
Horntio d. Ncwcomb now deceased aud Corncla W.
Reed married. In this city the 2ith OF June In
the year 1885 They lived happily together until De-
ccmber, 1862 During the timc between the two dates
givcn above five children born to the house OF
II. D. Ncwcomh
Tho citizens OF Louisville were shocked morning
In 1852 by the circulation upon the streets or
port and particulars attempt the part or Mrs.
Ncwcomb TO murder oil OF her children by throwing
them out OF the windows OF an upper story OF Lcr
residence which stood at that time the south side
Of Main street. between Brook and First streets one
two Of the children died shortly after the injuries
wetc received, and two more have since died. pcrheps
from other II. Victor Ncwcomb, the present
Vice President ofthc Louisville and Nashville Railroad
is the only OF the Ave children survives the
present time
I, Is said by some that tho unhappy mother at
insanity, and by others II is alleged that the in
sanity hereditary and did not arise from any
happy domestic cause
In very few days after tho tragedy tho public at
large believed her to be desperately sanc
not willing to hold her morally responsible for her
mcthodica acts Of madness For while she was kept
under the surveillance OF trustworthy scr.
wants, who OF course, regulated their attendance by
the instructions given to them by the attending ply
eicians Mrs. Newcomb got worse instead of better
and was removed TO an asylum in this State. Her
maady continued under the treatment given her in
Kentucky, when Mr.. Newcomb arranged to have her
removed TO the McIane Insane Asylum at Sommer-
ville Mass in which institution she has lived ever
since and is there At the present time.
DIVORCE.
Several years ago II. D. Ncwcomb, through his at
torncys or friends procured the enactment OF spc.
cal law by the State Legislature rendering insanity
suicient ground for legal separation. The suit for
divorce Instituted, and the matrimonial Gordian
knot duly severed by Chancellor Cochranc. Tho
law upon which tho divorce granted repealed
after tho prayer Of tho petitioner had been heard and
disposed Of and It was the only tried undo
In this suit tho forcc OF tho special at was relied
upon, and Mrs. Ncwcomb not oven represented by
"next friend" an attorney during tho hearing OF
SECOND MARRIAGE.
In the carly part OF 1872 II. d. Ncwcom3 married
Mary c. Smith, who is the real defendant in the case
daughter OF the executor OF the Ncwcomb estate
BY this marriage two children born--namcly
Warren s. and Horatio u. Newcomb, Jr.
About two years ngo II. d. Ncwcomb died in this city
nj his paatia residence broadway, between first
and Second streets A. the time OF his death and for
several years previously Mr. Ncwcomb president OF
the louisville and Nashville and Great Southern Rail
road, being also retired merchant, with fortune
tmatcd at about 81, 500. 900.
His requests to individuals aud charitable institu-
tions were muninccnt Every child was lett n for
tune. The widow was provided with funds and y
tate commensurate with the splendor OF her former
| condition. and fund OF 81 500 per annum set
apart 10 support and provide for the wants OF insane
| and divorced women at the McIane Asylum.
When the will printed in the city papers every
ono applauded tho magnanimity OF the deceased am,
/ no one dreamed that the morality legality OF any
Of his acts would ever become question for the courts
TO decide
| The friends Of Mrs Cornela W. Newcomb wcrc not
pleased with tho provisions made for hcr In the will;
the divorce II was conendcd, irregular void,
&c. so proceedings we're commenced against John H.
father n-law Of H. Victor Newcomb, and is known in
the case "ncxt friend to Mrs. Cornca W. New
comb FIR whom the wiie's dover Ia demanded.
Everybody IN this city understands that the case
when stripped Of all tho garnsh and glitter which has
been thrown around u, is comprised In tho following
IL Victor Newcomb wants larger share OF his
fathers estate than tho will gives him. and through
legal technicalities he hopes to succeed Indirectly
through his mother, Tor he will heir In all
property that she dies possessed OF but II thc fortune
should go through tho hands OF tho second wife
cording to tho will of his father the result would be
different So arc compelled TO believe that there
are really but TWO parties TO this SUIT, and candid
statement OF the style OF tho would rcad-H VIC
tor Ncwcomb Mary c. Ncwcomb. When the read
ers learn that Mrs. Corncla w. Ncwcomb has not at
the present the intelligence OF six months old
infant nor has she been much above that intellectual
grade since the commencement OF her nnrmny, they
viii comprehend moro clearly. II Is common to
hear people say they would not do as Victor Ncwcomb
has done In this for twice the sum involved.
! DECISION.
THIS has been before the Chanccry Court OF this
city for about ten months. The ablcst legal talent
defendant There was sbig money! IN IL for tho law
ycrs, and all the legal lore Of modern aud ancient
lackstCncs has invoked 10 aid IN tho cucidation
OF the points The decision ot Judge Bruce
delivered in this morning at eleven o'clock.
Tho document learned and volumDous, and con-
sders every point that has been raised IN the case
The Chancellor OF the opinon that the alleged
comb. by his second wiic are legitimate. The effect
OF this viii be 10 give tho inmate of the asylum
Massachusetts, dover In her former husbands estate
OF about f400, 900, and OF dcprivng the second vito
and her children OF like amount.
II Is pretty generally believed that the will
never b. finally adjusted until u reaches tho Supreme
Court OF tho United states and IT may be years before
speedily from this city 10 the Court OF Appeals
Frankfort. and will 80 from there 10 higher tribunals
The contestants have plenty OF money aud will never
Yield voluntarily though the lawyers will be very
likely TO get the hons share.