The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-21

MENTs-sEDUcT1oN, DIVORCE AND MARRIAGE
STRANGELY INTERMINGLEp.
More curiousy painful complications are seldom
interviewer suits brought in the courts those
evolved from simple application, made yesterday to
Chief Justice Davis, in Supreme Court Chambers, TO
remove Mr. John Murphy trustee of tho estate Of the
late William Cogswell, and appoint Edward Morris
Birney in his place Altogether the revelations from
this page OF family history strange their char
acter, and reveal the traditional family skeleton,
gaunt aud erinning, with glaring detormity.
VINO Mr.. coGswELL WAS.
A great many people in this city have still vivid
recollection oil the late Mr. Cogswel his lifetime.
Many years ago he kept a livery stable down town,
aud finally with the growth OF the city and march OF
Improvement In tho upward direction OF tho island.
sought quarters Tor his stables in Lex
ington avenue. Few livery stable keepers
wero moro literally patronizcd, his principal
custom being among tho more fashionable and
wealthy, aud the result when he died in 1868 he
left behind him quite snug fortune Hc also lett
VITO and two daughters. One Of these daughters
married to Mr. John Murphy ana the other was then
blooming young lady In his Will no expressed u de.
sire TO have his livery business kept up, and he APP
pointed executors aud trustees his brother iona.
than cogswell, and his son-inaw. Mr.. Murphy.
MANAGED
According to the statement of Mr.. Murphy, tho
tate has been well managed since Mr. Coeswcs death;
much SO, that all the upon the real estate
OF the deceased have since been paid or 500 600
distributed among the heirs anu property stil remain
ing In their hands valued at $ll5, 900 Mr. Murphy,
who is general manager OF the manufacturing depart
ment OF the Guttapcrcha and Rubber Manufacturing
Company. conccdcf IN his affidavit responsive TO tho
application for his removal that his tno has been
good deal engrossed his business; but that he
has abo give evenings transaction OF bust.
ness IN connection with tho estate, and IN iact to
give II all tho attention It required ut his
Ia "A
general management OF the livery stable
affairs, as the latter was thorough familiar
with the business. Hc ststes further that he has
never charged penny for his own services, while
there has been paid to his coustco nearly $4,000 Tor
Services Further, beng Ia the enjoyment of hand
income himself his anxiety has been to enhance
tho value OF tho estate tor the benefit OF the hers aud
to supervise the books aud keep tho accounts properly
adjusted.
THE YOUNGER DAUGHTER MARRIEs.
1t is already that 0i the daughters of the
deceased was married at the time OF his death. The
other daughter, Miss Emma Cogswell, young lady OF
considerable personal attraction. engaged the aten-
ton OF young named Jerome Stivcrs, who
associated At the time with his ather Rufus stivers,
in the manufacture OF carriages. Well TO make tho
story short he wooed and won Miss Cogswell. On the
10th of May 1879 they were married in the Church Of
the DISCIPLES this city. For Two years their life
WINS an exceedingly happy one. Hc bought hand
country place IN Westchoster county, which no
chrIstcned Iarch,nont Manor IL was n coscy villa,
built after the SWISS models, furnished with all the
luxurious appliances OF modern culture, and with tho
onv'roning grounds most .as.eiully land out
This young married couple, ns may be conceived,
rcveed all the cnJoymenls that heart could wish.
Among the guests on that occasion was Edward Nor
Birney, young man Of stylish address and most
Ete. as ali present d,a 10 his mind tho iares Hover
in all that scene OF midsummer festvity
AS the evening hours stole ana the other guests
stole away he still fingered TO bask III the sunshine OF
the smiles of Mrs stivers who. seems, rociprocated
"You seem to tarry late said the young husband to
Mr.. Brney;. ~ am afraid you will lose the last tram
don't caro- 10 return tonight" replied the linger.
ing guest; tho fact is have had quarrel with my
"Wcl, then, won't you stay all night" pursued tho
hospitsblc host "aud leave 1t TO some other tmo to
mako up with the old gcntcma"Y''
tation He remained that night and the next day and
the next night and week passed and he still fingered
like OF encountcrng his iratc parent that he at
length, upon his own entrcaty. allowed TO remain rs
boardcr.
SHOWING TIKI cLovEx Hoor
Mr.. Stivers had no suspicion OF tho great calamity
about to bcia his happy household. One night hc
to his home find his hearth desolate, his wife
n fugitive with her guilty paramount. Returning to
this city at once no traced them to the s,urcvant
House On the hotel regstar there wero entered the
names OF L. Brown, New York, and Mrs. j. Stevens,
OF the Same place. Recognizing Mrs Stvcrs' hand
writing he went to hor room, No 2o7 and found in the
same room young Blrncy
what does ali this anY" asked tho astouished
and cnraRed husband.
at means imply, answered Brnoy, ~ am trying
TO persuade your wife TO 90 home"
Believing MS wile's statement that nothing criminal
had transpircd between them MIR. Stivers took his
wife home. In March succeeding she again left HIM.
The husband again started IN search OF the ruant vile,
and again found her IN company with Brney, thoy
having Oh this occasion taken up their quarters at the
st. Cloud Hotel
DIVORCE AND MARRIAGE
Satisfied now OF tho guilt OF his wife Stivers ut
Instituted proceedings Tor divorce. Tho suit
carried to speedy conclusion On December /, 1875,
Judge Lawrence OF the Supreme Court, granted de-
OF divorce in his favor. In such decree the wife,
however, was prohibited from marrying again. ON
TIE very day that tho divorce gran led tho divorced
wife was married TO Birncy at Bridgeport, Conn, and
they arc still living together as man aud wife.
DAUGnTER's
Shortly after Mrs stvcrs' first trip to New York in
company with young stivcrs as stated above, she
wrote the following letter to her mother, which is
abundantly self-explanatory
Nnw York. March 7. 1875.
DEAR MoTnnnri suppose you are anxious e hear from
ing rooster feathers pulled Do try lind
S , T M in ys viii s son me al
which will he some uay this week. suppose you
or as G FROM EMMA
Tho above is the only exhibit of epistolary
spondence IN the case and IL is unnecessary to add 1t
carries It's own comment with IT,
BIRNEy's CHARACTER OUTLINED.
While Mr.. Murphy's statement is Endorsed by his
vile, and while his character IS vouchsafed for by
such men as Professor Chandler, Nathaniel JARVIS,
Jr, ana John II. Chcever, President OF the New York
by Mr.. Murphy OF Mr Birney is lar IRON comp.
mcntary to that individual In his affidavit he sum-
married. Birnty'S character ratncr terscy as fO
lows-'Onc OF tho worst men alive, nsOient. I'M
moral, treacherous, lazy and ignorant"
COURT.
Mr. John II. Bird, IN submitting his papers to the
Court, yesterday, coupled with petition OF Birncy
and connrmatory aidavits by Mrs. Birncy, Mr.. JON
athan Cogswell and Mrs Barbara a. CogswelI, widow
OF William Cogswel he stated that no expected Mr..
Richard OGorman appear behalf Of the petitioner
AS Mr. O'Gorman did not, however put In an appcar.
ancc, he expressed hope that the Court would take
tho papers and give speedy decision in the case.
Judge Davis thcrcupon took the papers, promising to
m " md cnTn n m
THE BRICK HOMICIDE.