The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-02
WEALTH AND MISERY.
Crlmminsations and Recommendations
Between Husband and Wife.
HIS HEAVIEST CONTRACT
Suits for Separation and Custody
of a Child. W.t'

of a Child.
Thomas f., Crmmins is q well known contractor.
rich and Of reasonably ripe age, while his wife, Jennie
c. is still minor, and the daughter Of Mr.. Fernandez
OF tho New York Hotel. Criminns and Miss Fer.
nandcx were married October 1873. in this city,
aud have one child, Mary, two years and six
months old On the 2lst las. month they separated
the young wife returning 10 her parents and taking
her child with hor. on the oath OF the same month
tho wife commenced suit against her husband to
obtain from him limited divorce on the ground Of
cruel and inhuman trcatment Yesterday the do
nestle troubles Of the parties this suit before
Judge Barrett, in Supreme Court Chambers OH pro-
cccdngs tho part OF the husband 10 obtain posses
sion OF their child.
THE HUSBANDS STORY.
In his petition, presented TO the court by Henry r.
BeeEman, hts attorney and GU which his application
was founded crimmins charges bis wife with being m
improper person 10 have custody OF the child. AS a
reason Tor alleging such impropriety on her part he
that she treated the child with neglect leaving
her largely In tho care Of servant; that she uhs
mothcr has contracted habits OF ntcmperance
extent that within tho past months she been
repeatedly undcr the influence OF liquor and unable
to properly control or govern herself give proper
attention TO her household maternal duties; that
during tho latter part OF the year 1876, one
occasion while under the influence or liquor, sns
dropped the child from her the floor where II
was found and taken up by tho nurse, VINO had come
into the room, attracted by its violent cries. that when
under the influence OF drink she has frequently ex-
hibited most violent aud ungovernable temper md
has conducted herself toward him aud others such
occasions IN such manner as TO endangcr their salety
that she has repeatedly been guilty OF immodcs
improper conduct toward other men, frequently
deavorng attract their attention in pubic places BY
gestures and other and coptryances, holdina
secret correspondence and meeting and assocatina
with them in improper and unit places and under
cumstances IN gross violation Of docency. Ho con.
cudes with the deduction from tho foregoing state.
would be preudical TO its mental moral and physical
welfare
THE wIrEis STORY.
In opposition TO the husbands petition, Mr. T. ID.
Gbbs, counsel for the vile, submitted 10 the Court
complaint 10 the suit brought by her for separation
aud also numerous additional aindavts which her
husbands allegations Of ,noxication and mmodcsty
were fatty contradcted. In this complaint, the
usual formal allegations OF marriage and and
that she has always conducted herself as dutiful
obedicnt and orbcarng wife, she proceeds state at
great length and with much minutcncss tho alleged
cruel acts OF her husband her. whereby she was
dnally compelled tho 2lst Of last month to aban.
don his and seek again the protection OF
her paternal roof Sho says that but few months
had passed alter their marriage when he
course OF unkind, cruel and inhuman conduct toward
her. which continued until their separation. On the
10th OF May 1874, nj her home, No. 242 East Sixty.
first street, no Violently kicked her out Of bed About
the 18th OF August following he violently struck hci
and wrung her nose without any cause whatever.
About tho 10Th OF February 1872 no violently srucks
her the and Saase Sor es pan
July OF the same year. at pecKsklll, no
violently struck her on tho shoulder and head,
again struck her on the head and in February, 1876,
while walking on Lexington avenue, he repeatedly
struck her tho head and face and used opprobroua
language toward her in the public street, the
evening renewed the assault At their home. Numer
Gus other and similar assaults are specified by her,
which finally resulted IN her illncss III tie lattef
part OF tho year 1876. On the LIST OF January
is77, he compelled her to remain in tho street and
storm. several other assaults followed during thu
early 81 81 oes an s %
choksd ner. and told Dor 10 leave The house. that ne
did not tor her and wanted her TO 90 away apply
ing TO her al the same time most vic and odi0us cx
pressions A similar attack both by hand and tongue
was made upon her during the month following aud
from her Tho next attack was made in Broadway,
when In anger he told her 10 go and make
sne says was continued toward her at inter.
yas and with little variations mod hcatons such
as pushing p,nchng and stamping On ner toes down
tho habitual use Of proane, obscene and revolving
language going so far IN this respect on one occasion
as 10 their little GIRL vet scarcely able 10 talk "a
call hor mother by vile and Immoral name.
FArHKg's FAULTS.
At last the gradually widening gap suddenly became
great gulf either SHE OF winch the parties found
themselves tho 2lst day Of last month.
Then came seeming regret and honest repen lance on
his part and, us tho wiIe's mother swcars, he
her, acknowledged his fault, his ungovcrnsbe
passions, his we's ama6iiily and virtues and begged
her mothcr to bring about Cancellation and he
would be different man. She tried TO induce Jennie
TO give him moro trial, but jennie implored her
hoe ~ thutt lo
hor destruction. She had known, continues the
mother In hor AFFIDAVIT that Crimmns was passionate,
addicted TO inl0xcaon and tho use or vile language,
but 1t was only recently, when sho caught Jcn weep
ing III her and the hnal donoucmcnt came, that
she learned the whole truth She pron0unccs him as
untitled to havo the OF his child having ncg-
cctcd II In tho past as one who would not hesitate 10
very ardent OF the truth Two OF the servants
disclose attempt made by some men siice the sep
araton believed ~ be IN the employ Of the father,
get icrcbls possession Of the child while walking
PICTURE OF A HUSBAND
Joseph Fernandez tho father OF the wife and her
guardian in the suit Tor divorce tells under oath
much longer story than the others. Tho substance OF
IL is no has found his son-in-Iaw to be OF
most violent and ungovcrnabc temper AMI addicted 10
profane language drinking and gambling and OF qucs-
Spaoo vsracmy ns ne n Ivndur na n
| derby way, and used language unfit for decent
people to hear in Tho presence OF young cndscn OF
the witness family; that alter tho sopa alton he,
too tried to induce his daughter 10 become rcconcicd
her husband, for the sake OF all the family, but her
4
the cruel monster that she could never enjoy health
or peace safety while living with MIN, and 10 CONS
pei her to return to him would bc driving her 10 su.
cde that his object In brin gihg the present
10 get possession Of his enid Is the hope that w
that means he will compel IT'S mother 10 return to
his home that the separation the husband has
closed his former residence, aud has made companion
ship with u woman IN Slxsy-lrsl street, known rs
"Black jack Uthcr ofidavits are added made by
parties living tho same ward with tho husband, tho
allegations which tend 10 sustain tho assertions OF
tho VITO aud her parents 0neol these tho
husbands uugovornabc temper at times 10 Temporary
insanity and alleges that the very day he married
he burst in talking with friend, anu be
| would give q thousand dollars to be out OF it
| AN AFFIDAVIT nuSr IN ORDER.
On the motion tor the custody OF the child ycster-
day was proposed tho part OF the tahor 10 have
| the matter 60 before y referee. This opposed ~
Mr. Gibbs on the part Of the wife, who after stating
tho substance Of hts aiIdavts, given above, said
no Thought upon Thorn and due Collaboration W tlo