The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-15
THE COURTS.


In the month OF December 1874 decree or divorce
was entered the Supreme Court OF this city favor
OF Aonxo Megagc, and against his wife, Mary A. Me-
garge. on the ground OF adultery.
The decree was entered upon the report Of referee,
before whom testimony was given by two witnesses,
that the evening Of the 9TH day Of November 1874
they saw the defendant Mary A. Megargc, enter tho
Grand Union Hotel, in this city with man
other than her husband and retire with
him to . room, he registering their names
ms "Jamcs II. Baldwin and wife, Poughkeepsic
n "" In the spring of 1875 following entry OF this
decree application made to the Court to have
aside the ground that had been obtained by
of deception and fraud. This application was made on
behalf OF Mrs Mcgargc who In her affidavit tcld avery
remarkable story. Tho substance Of her affidavit
that her husband had taken steps toward procuring
divorce from her AM had consulted lawyer William
H. Gale for that purpose; that she received nvitu
ton faom Gale through her husband TO visit
him at his oi1ce and did So and there had
long conversation with him Tho sub
jcct that from such conversation she got the
impression that Mr. Gale would take ~ intcr
ests IN any proceedings which might DC Instituted
against her, although she knew her husband was
saitns him on The same subject that on the ON DAY
vscd her that u would be well for her to 90 out Of tho
city tor day or two. and she resolved on that af
ternoon to 60 10 visit an aunt In Newark N. j. that
nj the Twenty third street ferry house she met by
Gale about five O'Clock In the afternoon, while on her
way TO Newark, and he stated 10 her II would be
NECESSARY ACCOMPANY
TO the Grand Union Hotel where he to meet some
party in reference to the proceedings that together
they rode TO the hotel corner OF Fourth avenue and
Forty-second street, where they shown
TO a parIor and bedroom, and whore, on pro-
tence Of waiting for the expected party, she
detained against her repeated reinonstrance
until IL too late 10 go home; that said Gale.
after 1eng shown 70 the rooms wen. oa SAYING
her IN the room that no was absent half hour and
then returned saying the gentleman had not yet Gomez
that he sat down and talked fifteen minutes then went
out again TO the gentleman had come, again lock
ing the door behind him. and absent apotner half
hour, when he returned and said tho gentleman had
not come, sat down again aud talked Aicen minutes
then went out third time n tho gentleman had
came locking the door before and absent another
half hour when he returned and said that the gentle
man had not como and thought that II was then too
late to expect hun that ny reason Of such strange
tons she became much alarmed and wished 10 go home,
but the urgent representation OF Gale that to leave
then would make trouble In the hotel she renamed all
nght that Gale told her to go TO bed IN the other room
and he would sit up In tho parlor all night; but
that she replied that she could not sleep
In her distressed agitaed state OF mind but for
him to go TO bed; ana Gale thcrcupon won't into the
bedroom and laid on the bed and she up all night
In tho crying. She further tcstincs that Gale
never made any improper proposals to hor and that
nothing improper occurred between them and that in
the morning they went into the restaurant of said
hotel aud got breakfast and then rode down town
aun.'s at Newark, n. J. She further alleged
that Gale registered their names without her
kccpsc, n. Y and that 1t upon these facts and
circumstances tho decree OF divorce founded with
Gales connvance although IL was utterly that
anything improper had occurred between hcr and
Gale, and she had been merely enrapped into the po-
siton false pretcnce. Accompanying this affidavit
nnsworn statement by of tho witnesses be-
fore the referee 10 the effect that tho testimony he had
gwen there false; and these. together with an
affidavit OF James Stew friend OF Mrs Me-
gargc the decree vacated. Subsequently the GEN
cral Torn OF tho Supreme Court OF its voltion
dcrod Gale show before II
"a n
ON the return TO the order to show cause tho
charges being denied by Mr.. Gale, the Court ordered
referee TO take testimony Before the referee large
OF testimony has been taken. Mrs. Mcgargc ad-
herring substantially TO the story tod her pre-
affidavit and Mr. Stevenson MS to admissions
made by Gale TO him. and the testimony these two
witnesses embraces the against Mr.. Gale. On tho
part OF the defence Mr.. Gale has produced ten
Witnesses who contradict every material point tho
charges against him, and the prosecution have failed
put any testimony 10 contradict inpcach his
witnesses The referee has not yet handed IN his
port the testimony taken before him, but 1t Is prob
able the matter will come up for argument at the
present session Of the Supreme Court General Term.