The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-29
JUDoE LfWREvcr rvDT0ytYr.
His weverc Criticism OF the COME .sfon IN the
C"iiendcr Divorce suit

The divorce controversy between william
+. Calender and his wife. Sarah J. Calender.
WIS before Judge Lawrence in Supreme Court
Chambers, yesterday. on motion hy Mr..
George W. Wingatn, on behalf Of Mr. Calender
To set aside an Injunction obtained nv the wifn
from Judge Donohuc. in suit by her To re-
strain the use before the referee in the divorce
suit, Of written confession by her ~ her i'm
proper intimacy with Dir. John Nottingham on
the 18th and 1871 Of the previous April. in Pas
saic New Jcrs"y. whore they resided
The confession was made Just before the com
mcncemcnt Of the suit for divorce. In her com
plant upon which the threatened use Of that
confession was prohibited she denies its truth,
and says that she was induced to mako it by
undue influence and unfair means on the part
OF her husband when she was in distracted
state Of mind. On the trial Of the divorce suit
h"r mouth would bc closed as she could not bs
permitted 10 testify and explain the circum-
stances under which the written confession was
signed
Anidavits by Mr.. Calender wcrc read. in
which he says that his wife, while penitnnt
cont Il to him. and that She came to Nrw
YORK and had st,noL rapher write Confession
dictated by her. ,Alldavts Of members Of Mr..
Oi,Icnders family were also read.
=, Mrs. calendars affidavit denied the alloga-
Mons; o shr said that her husband accused her
tectves who would testify against her.
70 whom he had paid 1920. aud their
f''in'HN Noull enable MN to tspt divorce.
Us sne could not be u witness in her own
behalf. Aterward he compelled her To- sign "a
confession by telling her that il would save her
anu enable her to live with her children in her
own nome. 1hc principal points Of how tho
confession was obtained have already been
printed in THE sun
Judge Lawrence, before Mr. Fullerton had
cQnrluded Mrs. Calendars affidavit intcrrupt-
~ HIM and sud with considerable emphasis,
want to hear You any further ON the facts |
Shhll not permit such a confession rs that Ia 90
n'Ior" the referee in the divorce suit lam sIt-
lSlled, 50 lar rs man can be- satisfied on nf1fdn-
WITS. that that confession was extracted from
thS woman by undue influence. II | have the
,egal power, shall not allow that confession 10
b. Produced ~
Mr.. Winga;e began TO argue upon the facts
when judge Lawrence again remarked. Here,
II a woman who lived in a house filled with his
relatives. she il pester"d by her husband and
ms relatives to max" some kind of confess on
Nu'h confessions have been made before. There
ar, r"ni'ss lunS of men that they have commit
tel Inc EruNcst crimes. when il turned out after
ward mat they were innocent. | do not propose
To- restrain the prosecution Of the divorce suit,
hul inc use OF this confession. which, on these
am Hyts. am prepared. now sitting ns a Jury
y d,cld' as a matter Of fact WIS obtained from
uri ny improper means. Ii makes her "A wit
mess against herself to prove her husbands
case. ana then bars her from being Il witness to
snow IN. circumstances under which II WIS
gwen. Ii ] have not the legal power will not
int.ri"re; II have | Will Interfere"
IN. counsel then argued that such an action
could not legally be brought and that n wife
could not MAINTAIN a SUIT against her husband
except Tor divorce, or upon uu H~tOnS affecting
nor separate estate" On that point Judge law
renee Reserved his decision.