The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-22
THE COURTS.
The Old, Old Story Of Marital
Unpleasantness.
A COTTON OWNERS FoRLoRN HOPE.
Another Chapter in tho Blocker Street
Railroad LitigatiOns.
THE ANTl-RAPID TRANSIT FIGHT.
A COTTON OWNERS FoRLoRN HOPE.
THE ANTLRAPlD TRANSIT FIGHT.

The general rule has boon hitherto that the lords OF
creation have orded u pretty efFcctually Ewes
daughters and that where cruelty and inhuman treat
ment formed the grounds for an application for
divorce the wife has boon the suffering and complain
ing party. The husbands, henpeckcd abused and
cruelty treated as doubtless, they have been in many
ipstanoes II unable fight It tho matrimonial
line with their bellgercnt halves have, at least
NAMED silent in the courts that subject ashamed,
perhaps, 10 acknowledge defeat at the hands Of
woman. To this course there have beeh known but
three exceptions in the judicial proceedings OF tho
State Courts Of which the rights and Liberties
Of the stricken husbands vindcaed and the third
is now pending the Court Of Common Pleas In this
city. In this suit the complaining party is Robert
Grace grocer West Forticth street. whose vito
the defendant In the suit bears the mild and kindly
Of Mary Robert, according to his complaint and
nffdavis used IN she action, presents long aud
grlevous roll OF wrongs NJ the hands OF his
Nary Ho charges that, though twelve years married,
period has been OF iiltreament
tho part OF his wife that though he conducted him.
sell with all due propriety and managed his household
affairs with prudence and economy and treated bis
wife ut all times with kindness ana iorbearance, she.
disrcgardng The solemnity OF her marriage vow aud
obi to treat her husband Kindness aud
tention. within about year after their marriage
commenced OF harsh and unkind ana tyrannical
treatment and conduct toward hm which continued,
with slight intermsslons, until they finally sepa-
each other. about the 30h OF May last that
divers occasions while they lived together she
practised such treatment toward him as rendered IL
sale for him TO cohabit with her; that with open
knife In her hand she threatened 10 murder HIM.
his clothes, struck him IN the Taco and abused and
injured him. Speaking specifically as 10 her
duct his AFFIDAVIT he swesrs that she has been tree
quenty arrested by the police Tor disordery conduct
that she Ia The habit OF drinking to ana when
under the influence Of the ardent will curse in most
shocking and Of this habit he has been utterly
unable to break herr that her temper Is 80 violent 10
Ihe 18th OF May, 1876 on returning home from his
business she drunk refused TO his meals,
inviting him TO 60 the regions below and get his
cooking done there later on tho same evening she be-
aggressive seized pair OF scissors aud plunged
his knee, and then expressed sorrow that the
wound the heart; he then left her and took
refuge with his mother, but soon thereafter she re-
pentcd and promised do better and he reented and
returned TO his home; but one moon had passed when
shc again became violent, his Clothes threatened
time she took pound weight and s.nfcd'' il al his
head, but missing her mark smashed the show window
OF the store; continuing the tight her next annual
lion pail Of butter, the contents OF which was
scattered all over the store; she next seized large
meat knife and Informed him that he had but speak
another word in order to have the luxury Vi the knife
beng through HIM. So lar appears by the ada-
VT he renamed silent; Tho vile her part denies the
truth husbands allegations and charges that his
conduct was cruel and inhuman, aud she the viclim
that he has struck and beaten and amcd her with
out proyocation and on one occasion struck out for
Der lett eye with all the certainty OF craftsmanship
though without the deadly effect OF the famous Sam
Long, of Texas that win rare intervals his entire
brutal and abusive applying to her abusive language,
striking and attempting TO strike he-, ana frequently
negccng 10 support her. and that she considers u un
sase live with him. On these grounds she asks de-
cree of separation in her favor. She further alleges
that he DUNG good business and is able to pay leo
$3.50 10 her counsel and $40 week alimony TO her,
and she wants him 10 be compelled 10 do u or the salts
faction given her OF putting HIM IN Ludlow street JAIL
This he answers by the solemn observation that the
not now his that his vile has frightened away
oil the customers that he cannot pay anything ana she
desc nothing he having ptoviucd for her separate
home his
Judge Van Hoescn has tho application for alimony and
counsel fee under consideration, but the question oil
cruelty remains to be adjudcaed upon AZ some later
day.
The examination before Mr. Isaac Dayton as referee
In relation the origin. management and future dis
position OF tho Blocker Street Railroad continued
yesterday. The Previously unfinished examina-
aon Of Jacob Sharp, who is trustee both OF the
Blocker road and the Twcnty-hrd road
vas continued by Mr.. Algernon Sullivan, behalf
Of the receiver. The stockholders represented
during the proceedings by Messrs. ChathcId and Ran
som Mr.. Harlowe, plaintiff in OF tho foreclosure
yuits against the road, by Mr.. Miller, and "Jakc"
Sharp by Mr. Bright In answer to the questions put
10 him, Mr.. Sharp testified that he has not heard
any Of tho two-thirds OF the stockholders who
wero in favor OF the kasc TO tho Twcniy-thrd
Street Railroad having recently changed their minds
On redirect examination by Mr. Bright he SAID he used
70 examine the books while President OF the road
generally relied ON the reports Of the treasurer;
no nude exertlons to raise money to extend tho
Bcecker street road 10 the extent OF inouirpr where
he could place the bonds the money market was then
such 10 make II extremely difficult TO raise money,
and his failure do induced HIM to favor lease 10
the Twenty third street road On
he said he knew of any effort to get back the
S2 900 spent under the bead Of the protection account
the rent OF the Gansevoort lots was $1,000 year;
some OF those lots used by John T. Conovcr
Tor storage , .. lumber and sOs,a not be used
lion by hi counsel Mr. sharp further testified mat
ae thought in the extensions obtained by the road
II well paid for the t34 O00 expended through tho
ssprotcctson account. y
On behalf OF Sharp, Conover and others Of The
Blocker Street directors Mr. Bright then called Eben
czcr b. Schaffcr, lawyer, who was present Mr..
schaer said he had not been subpunacd and objected
10 be sworn Mr. Bright appealed 10 the referee, but
the witness and II he chose 10 walk out he did not SEQ
how be could prevent him. Mr. Schafer was prompt
10 take the hint, and moved toward the door, the
time stating he had previously told Sharp he
would testify unless regularly subpGnaed, and
he wanted take advantage OF IL 10 compel him
testify; with this he disappeared out OF tho door,
bearing il In one hand and with silver hall dollar held
sonsplcuousiy between the forcfnger and thumb OF
The other went in hot pursuit Of the runaway witness
He returned, however, wiping tho perspiration
from his giobulsr and announced his iaure, and
the had proceed Tor The time being without the
testimony OF Schafer.
James /. Teetcr. a former conductor on tho road,
who been discharged by the receiver but who haa
been restored through the Intercesson OF Thurlow
weed and was again discharged gave testimony SINH
lar 20 that previously given by other isshargcd
doctors as 10 the receivers conduct IN Office He do
picd that Major Dane the superintendent Of the road
had told him that he discharged because Of steal
ing and drunkenness
this point The taxing OF furtner testimony WAS al
jourucd until to-day
THE RAPID TRANSIT FIGHT.
Tho examination OF witnesses on behalf OF the Gilbert
Elevated Railway Company IN the suit brought agaius,
Il by the Sixth Avenue Railroad Company, was re-
<..l<r hold
Special Term Of the Superior Court William 0rtoo,
President Of the Western Union Telegraph Company,
,sssacd that he was accustomed to travelling The
Greenwich Street road aud has habit OF watching the