The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-01
The ROE DIVORCE.
Family Jars as Depicted by
the Servants.
SYSTEM OF MUTUAL NATURALIZATION
How a Home Was DESTROYED bv
Too Much Temper.

NEwBURG, April 80 1877.
Judge Dykman this morning continued the adjourned
session OF the Supreme Court. and the Roe divorce
case was again called As will be remembered, this
defence had Just begun when the adjournment was
taKen and 1t was continued this morning. The
majority OF tho witnesses called deny testimony
for the plaintiff were servants who had boen In Mr.
Roe's employ Alter the Judge called the court to order
Mr.. Bangs demanded the production of tho papers
taken from his clients sale some years ago. This sale
burglary fully described by Witnesses the open
ing Of the March last Mr. Burnett said those
papers were in the nature OF privileged COM
munlcations In the hands OF Mrs. Roofs coun.
sci, and II surrendered might prejudice her
casa Mr. Bangs said that II the papers
not produced at his request he would
insist under the rule that they be not produced
at any future time during tho trial Of the Tho
Judge stated that Mr. Bangs point well taken, and
that II counsel for plaintiff did produce the papers
they could not be subsequently, introduced, nor any
testimony relating to them Mr. Burnett refused to
produce the papers, and Miss Lizzie Swayne was called
to tho stand as a witness.
MISS swAYNE's TESTIMONY.
She had been in the Roe family three years.
and during that time she had never Mr. Roe abuse
his wife or children; morning she heard Mrs. Roe
call her husband bad the breakfast table, she
Mrs. Roe sitting the stone steps OF the
house. and Mr. Roe told TO 60 into the
house, as she would got cold she refused to go and
cried aloud, ana said he was cruel; ottcn whom Mr..
Roe and tho little daughter Annie were eating Mrs.
Roe would sit apart and refuse TO eat; Mr.. Roe would
ask her to draw near, and she would pretend not to
hear him; witness often heard little Annie say she
would marry rich man. On her crossexaminaton
she stated that she had never heard Mr.. Roe
al vt.
Another servant, Thomas J. Dryer was next called.
He never saw Mr. Roe any member Of the family
unkndly; he heard Mrs. Roe call her husband q
coward and tell him he was crazy that he was
coward when he was AT West Point and thar but fol
his money she would never have married him; Mr.
Roc said
s.Dont tantaIize me, for I've temper"
On this occasion witness heard some swearing, but
don't remember VINO swore; the row began by Mrs.
Roc saying that she would put her head upon the block
before she would submit 10 any man.
Mrs. Nancy Hayden lived for tour years with the
Roe family; never heard any hard language between
Anne out to ride, and Mrs Roe said that II Annie
not III the wagon she would set oil skyrocket aud
frignten the horse; she was angry because Mr. Roe
did take her out riding.
john Flynn, councilman. testified that various
occasions he driven Mrs. Roe TO places in and
around Newburg to make calls, do shopping &c Mr..
Roe told him in 1876 that II he drove Mrs. Roe he
would DO discharged; said Ut the time that he was
sorry TO have 10 make such order but 1t
sary as Mrs. Roe went away without hts knowing and
remained over night.
his wife that she need not do any work, as plenty OF
servants werc employed
Benjamin f. Clark an uncle OF tue defendant, pro-
duced letter from the plaintiff, which she stated
live with hum ' urged Mr. Clark to take
ant TO Europe and leave her So 900 year to 1--we on
look out for himself he would put bullet through
hm heard Mrs. Norton, plaintiffs mother, call
liar; never saw Mr. Roe display any temper against
his wife; Mrs. Roe in fits OF temper: heard her
talk loud aud excitedy TO herself before Mr. Roe won't
TO Europe there some talk about insanity; Mrs.
Roe wanted 70 know what property she would get II
her husband was adjudgci lunatic; DR. gilbert, who
present. refused to grant certificate OF insanity.
On crosse KAN nation lie remembered that twice he
had seen Mr. Roc derious; never wrote story TO
newspaper about Mrs. Roe; don't think she Is sweet.
tempered woman.
THE DEFENDANTS HEALTH
DR.. gilbert knew defendant tor twenty years; from
1867 to 1870 Mr. Roe subject to lever and del,-
rum; he dyspeptic and his health wds broken
down. had heard statements regarding Mr. Roe's
| mental condition; Mr. aud Mrs. Norton asked
me TO give a certificate OF Mr. Roes nsanity ;
refused TO give il; witness thought that defendant
needed and change OF scene he related
he was witness to where the husband and vile scoded
ana recrminated; she said he crazy, and mem
toned something about Will OF Mr. Roofs father,
which she accused hum OF destroying; she said he
made another and had It admitted to probate; Mrs.
Roe told witness that she would not live with man
who slept with pistol under his head.
| A SURRENDER
Mr. Burnett, counsel for Mrs. Roe, decided to give
up papers from Mr.. Roe's SAFE and al this
Juncturo made his decision known, ana the papers
were gwen To Dir. Bangs VINO read them. Tho letters
were from Mr. Roe to friends and legal advisers con-
corning his family troubles After the reading of those
papers recess was taken.
|
When court reassemDed Chaulcy Merritt, who
employed by Mr.. Roe gardener and overseer from
1869 TO 1873, was called 10 the stand TO that
Que Mr.. Roe told him if Mrs. Roe
wanted anything done around the place TO have IL
done.
| Tho wife OF Merritt, who was also employed In the
Roe family, testified that she met Mrs.
Roc IN Newburg and asked her II old Mrs Roe was
gong TO travel Nrs Roe, the plaintiff, said she did
not know whether she was or rot but she hoped she
would she would be glad II the old lady i've thou
sand miles away or at tho bottom OF the for then
she thought she could live poace with her husband
anu not DO intcrercd with.
| THE DEPENDANT RECALLED
Mr. Roo called to the stand and repeated parts
oil his testimony previously published. He denied that
he ever destroyed VIII OF his fathcrs, and said that
Mrs. Roc the most oxasporating female that ever
/ lived With this Witness the defence rested.
/ PLAINTIFFS REBurTAL
Mr. Scion Norton was again called by the planting
but his evidence, like that OF Mr. Roo, only .
assertion OF direct testimony.
/ Mary O'Bricn was called on tho same side TO deny
certain statements Of Margaret Doran u witness iou
tho defence.
WHAT A LIEUTENANT HEARD.
Tho defence presented affidavit from Lieutenant
DAVIS, United states Army, who had sought 10 bring
about amicable arrangement between his class
Roe and his VIE Tho KIND efforts were Intellectual
He had heard Roe use improper and ungentlcmanly
language 10 his WIFE, Noticed that ne was captioua
ana aunnding at liable that he criticised the vianda
and found fault with his wiic Alter the reading Of
the AFFIDAVIT the court took recess.
After recess u number Of witnesses examined,
who denied the material points given IN the testi-
mony OF Margaret Doran, and established Mrs. Roo q
character as n patient, painstaking mother.
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