The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-06-23
INFATUATED MRS. GARNER.
THE GREAT BILLTIRD PL4rER'S AC-
COMMODfTING BoIRDLR.
Cro.. suit. for Divorce md ~ Dispute About
Money Invested In the Poois-Whnt was
Behind James Gostcndorrs Generosity.

Cross suits for Divorce and ~ Dispute About
Money Ir.e-ted In the Poois-Whnt was
Behind james Gostcndorrs Generosity.
Albert Carriers suit against James Cos
tcndorf on three notes. dated Feb. l. 1915 was
tried before Judge Alker yesterday. Two Of the
notes wore for slo0 each, and the third for slij
The money was due. the plaintiff said. for board
and lodgings furnished. and money lent. The
defendant avcrrcd that from s70 to $50 Of the
debt was incurred for pools on horse races
bought by the plaintiff and the defendant in
partnership. and consequently under the stat
ute not to be collie ted. t. Offset the remainder
Of the claim the defendant said that while Mrs
GARNER was living apart from her husband.
and not supported by him. he THE DEFENDANT
advanced to her about 1900. On cross-eNami-
nation the defendant testified that he advanced
$3.50 to Mrs GARNER to pay her board bills in
Grcenville. " j.. whittier he took her after she
abandoned her husbands home II also APP
peared on the REORGANIZATION that although
the defendant did not live in Greonville. he fire.
quently went to Greenvllo while Mrs. GARNER
was there. Subsequently she came TO New
York and boarded in the stevens House for
about six weeks. the defendant advancing $50
y pay her expenses. Ih" defendant visited her
frequently. and she rnrpiVed him in the purlor.
Boing asked whether Mrs. GARNER had re-
celved him IN any other part Of the house,
thu witness replied. Yes, in the dining room.
and when b" was press II more CLOSELY hc said
that he had visited her also in her bedroom. the
door heinI hall the time closed and half the
time unrloscd. Sometimes he was in her bod
room for oyer an hour; sometimes for only half
asc,ond. When asked why he saw Mrs GAR
nicr in her h broom. the witness said that il was
because she was a and her physician advised
her not to ~ ont 81 her room.
Subsequently. u appeared TINT the defendant
paid Mrs. Garniere cNponsrs To- Franco. Wl. ithcr
-tiIl in Franco. H. haann. acquainted with her.
d spid. through her husband. lie lived with
them IN their house at 2Oi West Thirty third
-" How came you 10 take so much interest in
Mrs, Unrn.cr ~ % pay her money when she
" Because" he replied. we werc very good
friends for many years AMI ! formed a very
profound attachment for the lady.
Nr ana Mrs Gnrnicr have counter suits for
divorce The with, So was asked about Mr.. Gar
niers suit. II said that there was such "a suit.
against her husband. H. admitted that Mrs
| Garni'r had told hun that her husband viewed
/ Whilethe dclcndani WINS tostifying IN relation
| io hi- visits g. Mrs Gnrni"r uni his payments
! cited. lis ncrvousn"ss n'rcns, until he i,ll
/ in "a violent III. Diying out. NV wiiel Ny
/ wife" Ne wis carried ont hy two officers.
/ soon aitrrwHr be- returned o. 80" court room,
] pale and huG.urd uu1 tool, the with SIS : chair
! o. TESTIFY IN r"huiial. Ii" snid thNf he Ind
/ always owned "a good home and had provided
/ tine defendant ecH-.i % board in his house he
| learned tnat his wife mad 6no"nio Infatuated
wtn him. lie rcd t. soil out everything
I and 10 with her go France 10 save her from
/ that man. Nr GarnIor denied That part ~ the
money owed him 10y Mr.. GustendOri was used
10 uuf has" pools.
Judge Alker charged tho jury that II they
| were al SIZED that my part ~ the money for
| whi'h the notes Wrre given mai arisen from
| letting trausa 4 IONS. that should hc deducted
from their verdict: iui t.ini They should dismiss
/ ~! the evidence about the defendant hay. ng
paid money Tor Mrs. Garniers support. BECAUSE
i appeared that the plaintiff had provided for
/ h'r and money thus paid 10y one man To- the
WI" Of another man lid not come within the
statute VIII IN peruit- uc-ts -Hrestp De- furnish
e. 60 a wife 40 the husbands expense.
The Jury gave the plaintiN verdict for the
fun amount OF the notes. with interest, sil3.Ui