The New York herald., 1877-10-30
THE COURTS.
Seeking to Shake Off the Connu-
bal Yoke.
HEAVY DIVORCE BULLETIN.
Risks of European Travels with An
other Mans Wife.
IMPORTANT RAILROAD SUIT.

suit AS will be remembered Joseph Walker brought
suit for divorce against HIS wife, Eliza Jane Walker,
and action also brought by the WHO. These
suits we're only lew days since discontinued in the
Court OF Common Pleas, and Il was supposed that
these counter tigations which had been fought Wig
orously Tor nearly years. had endcd. II appears
however, that third suit brought by Mrs. Walker for
limited DIVORCE the ground OF alleged cruel treat
ment OF her by DR.. Walker, her husband, which
was brought IN the Supreme Cour. has been sumbcr-
ing nearly ever since It's inception, tho two other suts
having made this one OF minor importance This last
mentioned suit came before Judge Donohue yesterday
motion tor leave to file a supplemental complaint
and Tor temporary amony and counsel fees. Mr. J. b.
Perry, however, who appears Tor Mrs. Walker, con-
scnted to adjournment TIL to-day Tor the accommo
dHtion Of Mr. Frank ). Dupienac, counsel tor DR..
Walker In connection with this last suit somewhat
interesting story evolved from tho moving papers
and other records DR.. Walker in his In The
Courl OF Common Pleas directed to pay TO Mrs.
walker $40 weekly alimony Alter while they be-
came reconciied. The Doctor, In commemorat.on OF
the reconciliation, newly furnished his house After
while he lett giving orders 10 his agent TO pay Mrs.
walker $75 week ior expenses. The pay ments were
Kept UP for some time when ne directed the payments
10 cease Not satisfied wnh this Mrs. Walker Iurtner
alleges that he sold all The FURNITURE which lett her
without home. tew days since she applied TO Mr.
keli0ck IN the office oi the Commissioners oil Charities
and Correction, and through him obtained . warrant
OF arrest IRON Focc Justice Bixby against Dr. Walker
for aband donmcnL The Doctor, however, according to
her story has Kept out OF the way OF the officer IN
OF him. She s.ates in her aIidavi. tnaI Dr. Walker
was insinccre IN the matter OF the that
he sought " IN bad tah that having gone through the
form OF re-estaDhshing his household, he again re-
ncWed hts persecution Of her; that he ridculed and
twied her before their children aud his relatives aud
lriends, Of her lie before marriage; reiterated all his
former unfounded charges OF her lnndey, as she is
Informed aud believes renewed his mpls procure
said Siverbrandt and Carroll, and others whose names
are now unknown to plania, to have carna connection
ana 10 commit auptery with plantn; that he abb
sened himself from nome, stopping al a hotel in dis
Rulse; thence sauntered tortn nigny, sitting on the
st0ops OF houses the opposite side oi the street,
and by the clumsiness OF Ills disguise making sean
dali he violently assaulted and shook her lor giving
Nellie Walker, one OF his neces, dress, and order ed
his said niece out OF the house, and forced her
leave tor having received III that while bitterly assa
ing her Minnie Priest ono oil his nieces sought
quietly TO suDduo him, AMI that Tor making Tho at
tempt he ordered her out OF the mouse, forced
10 leave ii that in 1874 al his then SAID residences he
committed indecent assault on julia O'Brien,
relative OF his BY marriage; that during tho
asi i've years be has wasteu ms entire income,
about $780, OC0 year, In unbusness-ke and IMPROVE
uent ways; that he has forbidden people to trust
her; thai she had been compelled 70 pawn her jewelry
Tor means of support; that he refuses 10 treat with
her any one behalf Tor settlement separa.
ton without resort TO the aw that he has shaken hts
hst AZ her cursed ana sworc at her. and grinding his
teeth AZ her manner which strikes tear W the
hear; that sometimes lie stands Ike sentinel and
PAGES backward and forward at the entrance 10 her
room, und that nothing but her extreme vigilance has
prevented him from doing extreme violence TO her.
Oi course The other SIDE OF the story has not been
heard though 1t is not unlikely that tho present pro-
cccdings viii Withdraw Doctor from his alleged
trement and induce min TO tell his side of the case
which may possibly put an entirely different complex
Ion on affair
Next the programme is the well known suit Of
Hcalherton vs. Heatnerton, IN which the plalntif
sues his wife Tor absolute divorce the ground OF
adultery, the cfsndant denying the charge, asks
on her part TO be freed from the bonds. OF matrnonv
because OF alleged inhdety on tue part oil her hus-
band, was before Judge Donohue. in Supreme Court,
Cham bers, yesterday, another motion made by Dir.
spclssy, the we's counsel Tor an attachment against
Heatherton for his contempt in failing 10 pay $24S
aiiinoIy due 10 the defendant Mr.. Spellssy read
voIumrous aidavits showing that Aeatherton, having
assigned Tor deendants benefit claim he held against
the United STATES government ior compensation for
his services IN dong the plumbing on the new Post
Office. had, alter a settlement was made with tho
Treasury TO the amount 10 be received by HIM
on such claim, suddenly, and when the govern
ment was ready TO pay such amount, refused
10 sign release which the authorities peremp-
ioriy required as condition precedent 10 the pay
mcnr. The aihdavits further tended 10 show that the
claim least fully exhausted by the assessments
Tor Mrs Hcathertons benefit and by the lien oil plain
tins counsel III another suit oi which his contract
the Post Office was the subject matter An affidavit
oi Mrs heathorton was also read in which she
claims that the piantn lately went ciambake
excursion Of tho heavy weights at an expense to hlm
OF some $40 or $SO that he has within the past few
months tainted and harassed her by setting detec-
hves after her, who called on the occupants OF the
house she now resides in making inquiries
alter her and throwing out nslpuations about
her character Of hurtiu nature; that lately while
lying III an old man pretending to from the
Metropolitan Hotel IN search OF 'ivlng out giris'
caleu twice AZ her residence; that the second
casion her door hcng opened she heard nim and Jump
ing out OF bed threw her clothes around her and
ran excedly into the apartment where The stranger
was. when she told him he ought to be ashamed Of
himself and that he had come from Hea horton, where
Upon he preciptatey fed and that all these inquiries
and Insinuatons make her position painful ana annoy
her friends, and are calculated 10 njure her III The
timation OF the landlord OF the house whore she now
resides. Mr. Churcniil, behalf of the plantn,
sisted the motion by preliminary objection, claiming
that IT had been passed by Judgc Van Brun who
had previously denied the motion HIS objection beng
temporarily overrucd he proceeded to read aida-
VT OF plaintiff which admitted that be tho
q K
IeLsc, and aIso admitted that he had employed de-
tecve 10 watch his vile ana found out how sne lived:
the md informed thai his wife was
living Tor the past three or four months III open adu
terry with one Edward Barcs. who supports ner, and
that she passes Tor his wife, ana that her iatncr
arove her from his home because OF her immoral
life. He lurthcr states tnat he is utterly penDilcss
and unable support her. In reply to these charges,
Mr. Spelissy stated that they utterly untrue,
that Mr. Barnes has been In ST. Louis for
past, and asked Tor tmo to put aiidavits prove
that fact. claiming that he could show the Wy
sworn statements OF Barnes father and relatives The
time asked Tor was accorded and thus the Case stands
William Ager has brought suit for divorce against
his wife Emma AgeL Tins matter came before Judge
Donohue on u motion ior almony and counsel Tee.
The defendant claims that tho paintn has income
from $lO, 900 10 600 year. that he is largely
teresed IN patents anu is abundanty able To pay her
500 u woek pendento lite. The defendant, appears
from the papers,s Mr. Ayers second wife, they having
been married on May 49, 1864 and separated IN juno,
1914. lie says that he lost his property IN 1873,
that he has interests in patents at present. ana
ell his properly Will not exceed 81, 600 value He
says tuat 'tne dcfcnuaEL 10 Debt oil his
knowledge ana belief, is we'll provided Tor oy 1. X.
Fenncssy, man who Is now keeping her as his mis-
resd." son OF the painti1 states In affidavit that
be has seen the defendant aud Fcnnessy together at
various places where they lived that they lived
ogcher as man and wife; that She in TACT, Messed
10 him that she was Giving with Fennossy hts we
md was not ashamed Of IT," He also states tnat On
occasion while stoppn at the Continental Hotel
Chicago she was so much noxcated that she required
attention during the entire Dght and was unable 90
iown to breakfast Judge Donohue referred the case
10 Mr.. Hugh Donnei Tor investigation.
Aoru 20 hat nA uaG taI W
lam Witty IN june 1871, IN this city, and that they
separated IN June, 1874. She charges hor husband
with divers adulteries, and having brought suit Tor
desires that hc oud be compelled pay
Expenses. No answer has been put 10 the COM
plant, and Judge Donohue yesterday appointed Dir.
David I. Terry referee 10 take testimony 10 the
acs.
Eta stone alleges that her husband, George B.
stone, TO whom she married ut New Orleans in
September, 1874, deserted her IN December oil that
year sne states, further, that he is living with
mother woman IN this city she has brought SUIT
Tor and the matter was yesterday referred by
Judge Donohue to Oiver j. Cluusen.
In the Tor divorce brought oy Josephine GARNER