The New York herald., 1877-11-20
FA AMILY j JARS.
A Chapter in the Lives of an
Aged Couple.
MUCH MONEY-LlTTLE HAPPINESS
The Bottle as a Formidable Weapon OF
Warfare.

Mrs Clara Warng has commenced a suit for
limited divorce against her husband, Edmund Waring
'he iacss In which are somewhat curious Mrs War
ing II is stated is LADY about forty years Of age,
whiie Mr.. Waring, the defendant IN tho case, is
sged man, being nearly seventy years old AS will be
seen by perusal OF the complaint given below which
Is met BY answers denying all the material alicga-
tons, tho defendant Is man OF considerable wealth,
BENG worth. as stated, nearly $3.50 0o0 The case
came before Judge speir, In tho Superior Court spe
s'ai Term yesterday. on motion made by Mr.
Chaunccy Shaaer, counsel the plaintiff for amony
and counsel Ice.
MRS. WARNINGS COMPLAINT.
Ine complaint states that the parties were married
70 Kingston, Ulster county, the Goth OF October,
1862 and that thoy lived together until August 4,
1876; that the plaintiff good, faithful and kind
Vile. but that the defendant enced course OF
'ruel and inhuman treatment toward her. which cui-
minated in his abandoning her and leaving her with
sat means OF support She says that December,
1877 while they were boarding private family the
city Of New YORK, being unable sleep, arose and
walked quietly about the room The defendant there
upon Violently seized her by the wrist and wrung and
twisted II TO sucD an extent cause her great
pain and Injury, which still continues. Shortly
rering again Tor the night she AGAIN had to
get up, whereupon her husband arose, knocked her
down, anu while she lying upon tho floor
put bis knees, with the entire weight OF
his body, upon her, causing such
juries that she obliged to remain at
the house Of friend Tor two months undor
medical trea,mont. Sho complains further that PRIOR
to and on the 4h of August 1876, she very sick
al No l0l East Slxtysecond street, where they were
tnen Keeping house, and that being apprehensivo OF
her immediate death she asked the defendant TO SIT
uown aud listen TO her while she snoulu express
aesire as TO her place OF burial IN case OF her death
and while thus expressing her wishes 'he commenced
ndicuAng her iears, accompanying the same with
ronical remarks and in sneerng manner and grunt.
Ing in manner rdiculng her sickness and used VIC.
lenr~anguage toward her, TO greatly aggravate
her mental and physical distress, that she
and remained under the care of her ply yscian
for about the period Of eignt months" during which
time her husband did call upon her, but
tn the month OF February, 1877, sent his son,
william 4. Waring and other servants, who removed
al her furniture and stripped her house bare that
she was unable longe4 u 1--we there and has bad
regular home since. Sne says further that he used
abusive language to her. often threatened leave
her and let shit tor herself Ho supl orted
her adequately, although he had, while hving with
her. expended about So 900 year ordinary llvn my
expenses cusive o tue rent OF The house No which
they lived. She then goes say that the defendant
owned nine houses lots in the city OF New York.
which, according TO his statements and rent books
nave yielded rent To The amount OF S2S 900
and on all OF which but one there encumbrunc CO
whatever, but that on the stu OF November ,at
purpose of deirauding her out OF her rights for
mai consideration he conveyed tho property TO his
son, William 4. Warng although no Still continues TO
enjoy the profits and. as sho Deeves sl tho real
owner OF the properly, which worth $500. .00O be-
sides some $3O QUO worth OF personal property Size
owing to bodily aeoilmy, ana is wholly deprived Of
means OF support, whereupon sne asks a separa-
ton from bed and board and plaintiff be- COM
pelied 10 provide Tor her.
On tue motion Mr.. shafer read the petition OF the
plaintiff, setting forth tho same facts substantially as
given above In Opposition to this uilidayits we're
read by the opposing counsel which, Will be seen
by psrusa horeoi, put the in entirely dier.
ent lignt
HoUsEKEEPER SAYS.
The anldavit oi the nousekeeper SHOWS that the
separation III August 1876 was caused by tho plain
tii's throwing heavy bottle at the delcndalt when
struck him the mead, him insen slble ana
very SICK, and that when he got able move hc lett
the house The plaintiff then said that sue threw the
bottle intending him ana meaning 10 hurt
him. The housckeerer renamed III The house with
the plaintin until tue following January, during
that time sue talked about the occurrence, SAID
that Mr. Waring was a good man, but was rich. and
wanted TO give his money TO his children by ormer
marriage, 0ut she meant TO have what she
wanted; ehe never Intended do him bodily
injury, but her temper was uncomfortable. The
housekeeper states further that instead OF beng sick
US sue states III her complaint she dress her.
sell and drive out nearly every day, and frequently
lett the house saying That she was gong INTO the
try, anu would be absent days ana even weeks ut a
time In the early part oi January last she tod the
housckeeper she Was gong West anu she did not
quirc her furlhsr Since that time the house.
Keeper has not seen her.
The affidavit oi the agent who has some months
paid the plaintiff her monthly allowance OF $3.50
states that ut different times they had conversations
about the case, and she sad sorry for what
she had done, but that she and argued
about money, and sue, thinking he wanted get out
OF the house, snatched up the bottle and threw MIN.
On occasion she told this agent that had not
married the defendant for love; that she not ex-
pect when she married him that he would lve so long
and she had hoped that upon his death she would get
her share OF his money and marry "a younger man.
When the agent tried 70 hnd her pay her the allow
Ance for October she could not oe found.
ARRESTED FOR SMUGGLING.
The aifdavits Of tho defendants son, William A.
Waring, sets forth that the plaintiff a woman OF
high temper and to his knowledge used violent and
passionate language toward the defendant oying
and distressing him when he was ILL., He further states
that In August 1876, his father to his
and suffering from wounded head which he said had
been inflicted by The piaintin ana That he remained
long timc SICK on account of such treatment, He
says that when the agent failed lind paInlif to
pay her the allowances II ascertaned that mad
LETT the city in the custody Of officer having been
indicted In the Northern district OF New York for
smuggling; tnat the deponent subsequently IN
formed tnat in January, 1917 she visited Canada,
travelling to and ifo Tor more than ten days and that
ehc was IN that mouth detected IN attempting TO
smuggle certain silks, iuis and other du'iable
smuggling she was indicted at the Utica Term
vi the United states District Court Tor the Northern
district OF New York, held on the third Tuesday Of
March, 1871; that she arrested under said indIc
ncnt by United States marshal on about the slh
day OF May, 1877, the city of New York, and was
taken by SAID marshal to Rochester, ~ Y, where sne
gave ua TO appear ut the Buffalo term OF said District
Court, to be held on the third Tuesday oi August
1917; that az said Builao term she mado ueiault
whereby her bail forfeited; that about tho
1st I'd day OF October 1871 she arrested the
CITY OF New YORK, 10y person dr that purpose
deputized by the bondsmen her said ban bond
and on the next day taken TO Lockport, n. y,
aud surrendered 10 the United States District Attor
ney and committed TO jail, and that tor that reason
The monthly allowance Tor her by the defendant
was not pad, as the person employed to carry II to
her could not find her.
AZ tne conclusion OF tho argument the Court took
the papers, reserving its decision.