The New York herald., 1877-07-05
A DEFEATED HUSBAND.

THE LAST CHAPTER IN THE coxxLIN DIVORCE
Casa QUESTION OF TIME
The Conkiin divorce suit which has been heretofore
referred to the HERALD, has about reached its last
formal appearance before tho courts Tho parties
tho suit. Richard S. Conkn and Martha J. Conkliu.
after several years. experience OF married life. separ
atcd In November, 1874, having one child, daughter
living The few years Of their married lifo, dis.
closed in the case, were anything but pleasant she
charging him with unwontcd OF cruelty, and no
suspectng or seeming TO suspect her, Of inadelity
This alleged in1dey WAS the ground of the present
suit brought by the husband against tho wife, and
presents somo curious features IN the mode OF its
discovery stated the part OF the husband before
the referee cxhief Justice Barbour Of the Superior
Court The theory OF the hus band that, having a
watch on his wife, who was then her fathers house
in Brooklyn he became informed that On certain al
tcrnoon sne, in company with a young man named
McElvain, lott her fathers house, and the TWO wcro
traced TO the Rundreth House, in this city. He in
company with two friends as witnesses and armed
with a summons with which TO commence suit Tor
divorce went TO the BraIdrcth House and found the
last name the hotel register TO be in tho handwrit
ing OF young NcEvain, although not his ow name,
but that OF some person aud LADY hailing IRON Utica
Thence the husband his witnesses assembled 20 the
ROOM forced In the door, discovered what they deemed
sufficient evidence TO satisfy them of the guilt Of the
parties. and simultaneously with the discovery the
husband commenced his suit BY the service Of the sum-
mons on his WIFE,
On the trial before tho rcicrec the theory was put
forward by tho witcs counsel ex-Judgc RUSSELL that
the " hole chain OF circumstances on which the hus-
band relied establish WHO'S guilt had been
structed by himself; that being deslrous having
threatened to get divorce from ncr he soue h TO
courage E connvea At the commission OF adultery on
her part, else get her position whore, from the
surrounding circumstances, improper conduct might
be reasonably inferred, and thus he might succeed in
obtaining the desired decree. With this view, II
claimed, bad induced the companion OF his wife
tho occasion when the Of the suit get
him 10 20 to tho Brandreth House, that shc started
from her ather's house the prctenco on her CON-
paniou = part that they going TO the American
Institute Fair; that she induced thor way
there to enter the Brandreth House on prctence Of
getting some refreshments; that whom she went to
the bedroom she supposed she was merely going TO a
private refreshments room and that she had scarcely
moro entered Tho and discovered where she
was when her husband aud his friends burst in upon
them. On the bearing much testimony was
submitted both sides, large portion
OF which was on the question of time, II
being claimed the part o. the wife that
the testimony OF numerous experts as TO the time
necessary come from her atnors home 10 the hotel
IN question endcd 10 confirm her theory OF what hap
pened The comes TO the conclusion, however,
that Whatever may have transprcd on her pari, the
evidence the tends TO show connivancc tho
part OF the husband, and under such circumstances
tho courts will grant lief to the party connivng
at the commission OF acts OF which he complains lie
therefore reports in favor OF dismssing the complaint
Of the husband. Notice has already been served on
the part OF The wife OF motion TO be made to-day be-
fore Judge Sanford In special Term OF the Superior
Court, tor Judgment IN her favor on tho referees