The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-25
MRS. ARNO7q OR NOT.
A Woman's Claim for Divorce from
Edward ArnOtt, the Actor.
THE MARRIAGE DENIED.
A Complicated Relationship for Judicial
Heads to Unravel


been begun by Emma Elizabeth Arnott against Edward
Job Arnott in the Superior Court Both parties in
the suit are members Of Wallack's Theatre troupe
Tho ground vi the SUIT alleged adultery on tho par
OF the husband. In his reply Mr. Arnott admits tina
he has had intercourse with the plaintiff, but sayi
that he Is already married aud has wife now Twins
III England. The has been adjourned until De-
ccmbor by mutual consent OF counsel both sides
In order that evidence the latter point may be
obtained from Englnnd. Following are the papers IN
the casc:-
THE COMPLAINT.
The plaintiff complaining OF the above defendant Dy
Andrew II. H. Dawson, her attorney, respectfully
l. That or ABOUT the day OF June, 1874, at
The city Of Now York, the plaintiff was married TO the
/ defendant.
| 2. That tho plaintiff and the defendant at the
tima OF tho commission OF the several acts OF adultery
hereinafter mentioned residents Of TINS state ana are
now residents OF This State.
B. Ana tins pialntlT further shows that she is in
iormsd an believes and charges the truth to be- that
| tho SAID defendant has, since the marriage OF the
plaintn with HIM aforesaid, committed adultery at
uvsrs times and places and especially that tue saiu
Edward Job Arnott, various times during the year
1876 vol other tines the exact date
terry ana have carnal connection with ono Rose Lyle
al some pace in the city Of New York, which plain
IN y unable more particularly 10 state and sald de
PENDANT did Tor long time during the year 1876 1--we
with the said Rose Lyle 10 open and notorious adul
tory at the city of New York aforesaid.
A. And plaintiff further shows that she is informed
believes and charges truth to DO that said de-
icndant daring the month OF June, 1885, at the Union
Place HOTEL toe CITY OF New York. ami on the toll
loving months OF July, August and September, 1876.
at No. Great Jones street, In the city OF New YORK,
well as at various and divers other places
In the city Of New York, when plaintin cannot now
more definitely give, did commit adultery with some
person whose real name is unknown to plaintiff, and
dd al said places in The city OF Now York, live in
open and notorious adultery with said person, whose
real name unknown aforesaid.
8. That such adultery was committed without the
consent. connsvance, prvny or procurement OF tho
paint; that i've years have not elapsed since PLAIN
and
Intercourse the part OF the defendants that the
plaintiff mas not voluntarily conabied with tho de-
condohcd said acts OF defendant, and that there
Ia no judgment or decree Tor divorce
upon the ground OF adultery against the plaintn
In OF the defendant any Of tho courts Of this
State or any other state Therefore the plaintiff de-
mani judgment that the bonds OF marimony between
herself and the defendant be dissolved aud divorce
dccreed according 10 the statute In such cases made
and provided aud that reasonable provision Tor the
support Of the paint be made out OF the property OF
the defendant and that tho plaintiff have such further
relief in premises shall be just and equitable and
Tor tho costs OF this action.
THE ANSWER.
Tho defendant answers tho complaint heroin:-
l. He denies tina. on or about tho day OF June,
1874 the city OF New York. plaintiff married
to the dcendant and he alleges that the plaintiff and
defendant were never, at any time or place, married
to each other; and lie further alleges that the plain
TIN is not the wife OF the defendant nor the defendant
the husband of the plaintiff
He admits that he Is a resident OF the city OF
New YORK; and that the plaintiff resides In said city.
g. Hc denies each and every allegation Of adultery
A. In answer 10 the nth paragraph OF the plaintiffs
said complaint, he alleges that no adultery
committed ny the defendant Ms charged anu alleged
tnorein; and he admits that there s no Judgment or
decree OF divorce upon tho ground of Auditory or any
other ground against the plaintiff in favor oil the de-
PENDANT.
He denies each and evcry allegation in said
plant contained not hereinbeiore admitted, contro-
JOHN A. BALEsTER, Defendants Attorney.
MR. ARNorr's AFFIDAVIT.
Edward J. Arnott, being duly sworn, says
!. am the deiendant IN the above entitled action
q came 10 this country IN tho month OF October,
1873 ana took up my residence in the city OF Now
Professional engagements, have since resided -
Several years before left Eng and was married.
When csmo 70 this country my wife remained in
was then delicate, and partly because she did
not wish to leave her family and friends.
have s two children living. have always supported
anu still support my sad wife, sending her remit
tance by Post ONCE money ordcr nearly every week,
aud there has been no divorce or oven a separation
between US. was married 10 my said wife by regular
M o, no ugt.ns na M ~ ao
for thirteen years have been husband and wife.
4 the plaintiff in this action is not and never was
my wife. We were never married nor did she, to my
knowledge ever claim that We were until the COM
mencement OF this action.
8. met the plaintiff In the latter part OF 1873.
At that time she was the mistress OF u man named
-, an actor, then residing New York city.
then called herself Miss Rose Allangc and was so
known.
innate with The plaintiff she.went with me to an hotel
IN the upper part OF the city, where we remained all
night together
T. In this paragraph the defendant states that his
intercourse with Miss Allange. wac paid tor
& In the summer oil 1874 went to California
10 III professional engagement and took the plaintiff
with me my mistress. The plaintiff occupied the
position of mistress me until the early summer OF
1875, when We separated, and have never had ntor
course with her since
o. Since then she has boon known as Ethel Thorn
ton. she never muda any claim, far us know,
that mad ever been married to her that we were
tfn min Ina u1npra aanfA nj ttta
action.
10. was never married TO the plaintiff aud never
agreed or contemplated marriage with her. l was
already married man. and told her so In the early
days of our acquaintance
| H. The plainlin Is actress In engagement In a
New York city theatre, anu receives, AZ am In
formed and believe salary OF $40 per week.
Il am IN receipt Of SALARY Of $50 per eek
winch Is my entire income. / am heavily In debt in
consequence OF unfortunate theatrical ventures and
my income is heavily drawn upon to meet payments
FOR borrowed money. l am obliged every week TO
send u portion OF my income my wife III England
tho support of herself and my Two children Alter
my ordinary necessary living expenses arc paid
EDWARD j. ARNoTr.
Accompanying this anldavit Is ono Of Mr.. Alfred
splnk, VINO that tho painful to live his
house in 1874, with tho defendant, and known rs
hts MISTRESS To Mr.. Spink shc never made any claim
that they married. ana he knew that Mr. Arnott
had wife lviug ~ Engaad Mr William II. Winte
| swoars that the plaintiff was known as Mss Rose
| Ailangc, and that be knew her to be an unchaste
woman. lie knew that Mr. Arnotts connection with
hor Was entirely mcrctricIous Josephine D. Horsord
tcsinsd that she had told the plaintiff that Mr. Aruot
a married man, TO which tho plaintiff replied that
| sho Of the fact Mr. George y. Deverc tos-
tiaed to having been acquainted with tho Defendants
! vito In En- gland.
| THE PLAINTIFFS AFIpAvir.
| Tho AFFIDAVIT OF the plaintiff is as olows:-
| Emma Elizabeth Arnott, being duly sworn, deposcs
Gays that she Is the, plaintiff above named that
IN The year 1874 deponcn FIRST met defendant III Four
tecnth street, IN the city New York, was ntro
duccd TO him by Mrs. Shonburg; that after that timo
defendant visited deponeht IN Fifteenth street and
also n Clinton place, IN SAID city; that after having
visited dcponcnt as aforesaid, defendant asked dcpo.
ncnt day to be his VIE, and while visiting
| Ms Spink, IN Ninth street, In tho city OF New
| York, and depobent coDsonteI to be his vile; that
| defendant ana dcponent then went 10 SAID Mrs
Spink's residence, IN ninth street. TO board, and