New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-11-02
4 WIFE'S STORY or INSERT.
THE MCCARTHY DIVORCE CASE.

. rrIGU1FFUL EXPERIENCE OF CRUELTY AND DIS
uONoR-THE HUSBAND CHARGED WITH AFRO
CIoUs BRUrAIITY-Ins COUNTER ALLEGATIONS
or INFIDEIuY UNDER MOST EXTRAORDINARY
CONDITIONS.
David X. Mccarthy, a son Of State Senator
Mccarthy, OF Syracuse on January Q. 1871 married
Keba W. Gilbert, daughter of Albert Gilbert. an ap-
praiser Of this city, living at No. n West l2thst''
and took her to an elegantly appointed home
in Syracuse. Mrs. Mccarthy had every prospect
OF happy life She herself intelligent and person
ally attractive; her husband she declares, had often
told her that he was worth S5O000 and had promised
to give her. her own right, $4,000; his FAMILY was
an influential in political and social circles anu
their home was luXuriOusy fitted up. All these au-
vanages OF fortune aud connection were destined 10
bring little happiness to the woman however, according
n her statements what occurred during the time mat
she lived with her husband. She asserts that he often
treated her with violence aud pIactised all KINDS Oh
abuse aud outrage upon her On July 81, he OrouSh'
her 10 this city and took her to her fathers house Ihere
he ordered her break open private drawers ana wheh
she refused beat numerically Having then broken
omen the desks and drawers himself and taken out pa
pers he informed her that he was going 10 leNe hcr
lie would take Of her 10 longer. -,., n,
Carthy are complicated and 10 snow clearly the present
situation ought 10 be stated Before the case came UP 10
the courts al ALL the husbands COUNSEL CODgressnah
Frank iscock Syracuse, and the WIGS COUNSEL A. u
Davis, attempted settlement Unexpeetediy " ,1 .
ter understood that nothing was To De done Wtnout
his know ledge HscOck began proceedings ana OF,
tanned Judge Westbrook order for substituted
service smmouing Mrs. Mccarthy To appear before te
court the ground that she could not DE ioulu ~ we
city TINS substituted service made at her fathers
house September s. Mr. Davis then ODlaihcd from
Judge WestbrOOk order to show cause why hs SUI
service should not be set aside. On SepcDeT
10, Mr.. Mccarthy served with the summons 10
appear here III All action aid III this county since that
time the defendant has obtained two orders extending
the time for him 10 make his answer. ON September 20
Judge WcatbTOuk granted order staying all pfoccci
iugs II II claimed that Ar. lscOck III NlOla
ton this order, obtained an order from Judge N0AO
OF syracuse Staying tine wfcs proceedings III her case
in which the laid in another county. As soon
as THIS became known TO Dir Davis, he GOT
an order Judge DOnUhue, citing Mr.. lIlseocS ana
DOhrry, ms partner To show cause why they SHOULD
not bo punished for contempt III violating judge
case was called Yesterday, and Me-.is. ilscOch
| and DOhcry. and Nj. Davis. appeared before judge
poE0huC. Ir. DAVIS hoped 10 OBTAIN a nearing on
his motion for aimuny which world have SHOWN an
take papers only the motion Ia contempt, decidihg
mat must be- determined before Tie Other lOt'ohs
came up Each sile, however, succcs dod III mhhhs ~
number Of statements. Mr.. Davis declared that ms
clients person was still black AMI blue from the
violence with which her husband lad uealea
dragged her about by the limbs, hc hId chohcu h,r m
sle feared FOR her life In word, ho had uoat.u hi
with tie most outrageous inhumaiy, ana all ti' ne
done that ac WAS al Tie tliic III u'i.s',
coalition. on tue olhcr hand, MI HscIch caih'n vi
M. husband that h, first brought his action 10 rel ~ nc
tbe marriage. ON the ground that G Wnnh Wheh hie
married INN, Mas aiIoady married. or mat u NOT sie
mad an lille Ultimate enid three Year, OIL when itct Was
| concealed from him before marriage. lie intthcr
claimed that he was delayed III ihi' ac'on ~ "'''
proceedings on the part 81 the wie- 49, -. ~. 80
so ,,ucl came ou yestcrdny; but there are
other matters which VIII como out upon TIC uiai VI NV