The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-29
Thu CALENDAR DIVORCE SUIT.
The Alleged Extorted Confession Of Adultery
by Mrs. Calendar.
CURIOUS CHARGES and COUNTER CHARGES
A Sad Domestic Story and Its Plainly
Pointed Moral.

All the leading facts-aud many OF them very curl
GUS ones ut that-conneced with the suit brought for
divorce by william E. Calendar against his wife,
Sarah +. Calendar, upon charge OF adultery have al
ready been fully given the HERALD. remarkable
feature In the case, as will be remembered,
The production Of q written concession oy
Mrs Calendar that she had committed adultery with
DR.. John Nottingham, their family physician, at Pas
sale, N j.. where Mr.. Calendar and his family lived,
and where DR.. Nottingham then this being the
spring 1879 practising his profession The case was
referred to George w. Parsons referee 10 take the
testimony in the case. who Is Still en-
ragged in the examination OF Witnesses The
confession madc by Mrs. Calendar was relied upon
as the strongest proof against her AS Mrs. Calendar
however, subsequently charged that such confession
was extortcd from her. temporary injunction was OBJ
tanned On her behalf preventing its introduction ms
evidence In the case Upon the question Of the con-
tnuation or dissolution of this injunction volumnous
afndavts on both sides submitted yesterday TO
Judge Lawrence Supreme Court Chambers,
by the leading opposing counsel exJ udgc stephen u-
ler,on appearing on behalf OF Mrs. Calendar, and
Colonel George W. wingato representing the husband
In addition the motion to dissolve the injunction
was also one strike out the demurrer to the com
plant THIS latter motion was speedily settled now
ever, by an agreement TO accept II as an amehded
answer
This MS recited by Colonel Wingate from the CON-
plant in the case aud affidavit OF Mr. Calendar, was
Tho story as already told, only with the de-
tails moro olaborately and graphically given.
He pictures his wife as N me ENJOYMENT
every comfort at their peau'iuI nome 10
Passaic with horses and carriages at her command
and every luxury that heart could wish, besides having
three children, to whom they both were iondy
attached and who gave completeness ana cheerful
ness to their happy home circle. Alter time
his notice called TO the attentions given TO MS wlie
by DR.. John Nottingham. young ana promising pnysi.
clan OF pleasing address and popular manners Having
The fullest confidence III the hdelily OF MS WE nc
thought nothing about it until one evening when nc
took a social gathering at the Rev. Mr. carriers,
on which occasion his suspicious began 10 assume
tangible form. While riding homo ailerward be re-
monstrated with his wife and forbid ner having
A request she promised TO heed, but ala not. Next
follows the story about the handkercnies MS we en-
for the reverend Doctor after which his re-
monstrance became more firm and decided, He asked
her TO get on her knees before God and Toll nlL she
wcked-had visited the Doctor contrary to his com.
mand; had sat on MS lap and kissed hin-"this ana
boctors followed by another with his wife, on which
the latter threatened to xiii him. On the morning OF
the Sd or May came the climax they mad occupied
different rooms. On that morning upon waxing ne
saw his wife kneeng by his bedside She had been
praying all night she said and had resolved to con-
less her guilt Then follows story Of the written
confession as already published Such confession as
he alleges beng perfectly voluntary on her part ana
Il have determined TO tell you ALL" she sald the
tears coursing down her cheeks
''Al what ~ he asked.
"My quit with Dr.. Nottingham"
so my God don't tell me-" he said, turning
away; II cannot bear TO hear II"
AS already stated her story was graphic one, and
told by counsel with all the dramatic effect posi-
bic under the circumstances.
MISS BELLE CALENDARS STORY.
Partially corroborating the story oil Mr. Calender 10
that of his sister, Miss Belle Calendar On the Sd Of
May she in her room Mrs Calendar came rushing
In like mad.
SHOW So" asked Miss Belle.
.'Im lost creature" wildly calculated Mrs. Calen-
dar. "rve committed adultery with DR.. Nottingham.
lost fallen, guilty creature II was not afraid
I'd kill myself"
.sHow came you to do such u thing?"
IL was battered and then the devil took possession
Of me. i"
TIE wIFE's STORY
Judge Fullerton's af1iavtS were more numerous,
but after all very little additional TO the
wies story told ut the carly stage OF the present
proceedings She denies most cmphatically the
charge adultery and says that her husband through
b IS unounded suspicious nearly worried the lie out
OF her, and finally upon telling her that be had ample
testimony 10 prove her guilt OF adultery; that he
could rob her OF her children AID her name unless she
would confess she had been been gully terms
with Dr. Nottingham forced her into making this con-
icssion. Worn out by Anxiety ana want o. sieep
her love for her children npeed her to comply with
his wishes shI says tna On sn oeS bep to nail
down carpets; that he kissed her iondly when nc
lett tor his place OF business in this CITY, and 10 tue
evening assisted In arranging the furnitnre OF their
parors Her husband, she says, promised that no one
should know Of the confession. and, despite this
PROMISE there quickly followed the suit for divorce.
She propounces as utterly false the bedside scene
described with such pathetic mnuteness by the hus-
band and equally untrue Miss Belle Calendars state
mcnt III regard to her confession
MRS CALLENDAR's FATHER
Among the remaining afdavits read was one by Mr..
Russell X. Lewis, the father OF Mrs. Calendar he
stated that after his daughters marriage she lived
with her husband for several In Utica and that
he being man of wealth at the time, decided to her
house and lot After that they went 10 BROOK
lyn, where they lived Tor tive years. In the
latter city he decided property to his daugh
ter and subsequently becoming embarrassed IN BUST
ness his daughter reconveyed OF the properly to
him, which made her husband very angry.
at only shows my daughters Kindness or heart,
urged the father to the angered son-in-law IN her re-
conveying the property TO me-
.You take yourproperty, your daughter, too and
20 to hell answered the son-n-law, and then added
81 II get rid of her If it takes me ten years"
Mr.. Lewis states further that HIS daughter UNDER con
srant OF her husband conveyed the Brooklyn
household included III which were the iather mother
and sister of his daughters husband, did not Suggest
q very tranquil condition of domestic AFFAIRS
DIR. NoTTINGHAM's STATEMENT.
more pointed denial could not be made OF any
charge 'nan that given oy Dr. No nannnor Of ~
denied any impropretes with her and explains now
no happened to ride with her on TWO or three
occasions, which in broad daylight In connec
ton with tho Doctors statement was submitted the
utdavits OF some leading citizens OF Passaic,
all of whom unite in giving him n good character.
DISPOSITION OF THE CASH.
After the counsel had argued the matter at some
length Judge Fullerton insisted that Mrs Callendai
had walked into trap most skliuy set Tor her, and
Colonel Wingate urging that tho confession was vol
uutary and should be allowed as evidence. Judge
Lawrence stated that 1t was unnecessary to say any
more ON the subject. From the facts sub
mitted he felt satisfied that the comics
sion had been extorted from Mrs. Calendar
He added that be could very well understand how she
could be badgered III such concssioG, and II woult
not be the first instance where confessions OF gull
had been made when crime had been committed
AS TO the law governing the he was not quite sat
isfed and he requested the counsel to submit briefs
when he would examine the legal questions involved
with tho care the demanded.