The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-11
THE COURTS.
Legal Perple1ities of Suitors
for Divorce.
ORDER OF HIBERNIANS.
Ratification OF the Lease OF a
Sub-Tenant.

The time Of the courts continues sti 70 be largely
occupied In divorce litgationx Several days ago.
VIII DO remembered, application was made to Judge
Donohue to modify his order referring 10 ex-Judgo
Barbour the question whether the decree divorce
obtained by Mrs. Ruth Cooper from her husband,
Isaac r Cooper could be set aside the ground Of
fraud ana imposition upon the Court The modnca-
ton was asked for by Mr. E. s. CALDWELL counsel for
Mrs Cooper, the ground that tho latter
could not disclose at present tho namo OF
the witnesses she wished 10 have examined
and because Judge Barbour had been the legal
administrator OF Jesse A. Marshall, brother Of tho
late John f. Marshall, whose widow Mrs. Cooper
claims be- and such has instituted proceedings to
recover her alleged dover interest in Mr. Marshais
estate. Judge Donohue yesterday refused 10 grant
ing brief memorandum, Endorsed on tho papers:-.In
this case tho st tement on information in regard 10
ported, and. u seems to me, was graiuitously made
and IL credit TO the PLAINTIFFS application What
ever facts the piain. Possesses Or Whatever Wit
formation OF Tor some years. 1t Is not
case where delay can 40 anything but tend
motion are suoh, II true, as 10 demand speedy pun
ishment; II false, quick redress should be Afforded
the accused parties. On the whole, with the tlne
plaintiff has had, two days Will be abundant time to
give the names OF the Witnesses she wishes exam
ined. and as to any time snc may justly need 10 got
them or procure their evidence the matter may
safely be left TO The referee Tho will proceed be-
fore the referee on the 18th inst.
In February last action begun IN tho Su-
preme Court by Abraham Spero clothing dealer Of
the Bowe9y, aga,ns. Annie spsro, ms vile, Tor
adultery with ono Jonn Sitsky. The plaintiff alleged
that Sltsky was employed in his store as clerk, add
that during that employment the intimacy COM
planned OF consumnated. Tho defendant IN
answer denied these allegations and asked the Court
to fix amony and counsel lee and Judge Daniels,
upon application OF hessrs. Howe q AummcI, Mrs
Spero's counsel directed reference 10 Assistant Dis
TN to pay 81 weekly 10 the defendant tor support and
the sum Of 500 counsel fce The evidence elicted
during the reference was to the ELECT that In August
1868, the parties married; tnat they resided to-
gether until about three months ago. that during last
summer the defendant wrote various letters incosDg
money 10 Stsky, which she received from her hus-
band, and that had been in the habit OF meeting
6,.sky secretly at different nmes. The Witnesses
were subjected to vigorous cross-examination oy
Mr. Howe, In which they conlradicted themselves on
several points, but on the whole Their testimony
NAMED unshaken Al the close OF the evidence Mr..
BENJAMIN stsnhardt. OF Howe q Hummes firm.
asked permission TO amend tho answer to charge
the plaintiff WITH adultery with Mrs. Adelaide Ban
Leo Dessar. the plaintiffs attorney, IN opposition
to the motion, grained the application ana ordered
the amendment winch permits the defendant TO offer
proof to the allegations. The further hearing OF
Ine has been set down for Tomorrow
William Ager, In mis- divorce suit against his wife,
Emma W. Agcr, charged her with adultery in TINS city
and at W ashington. The trial has been in progress
band a motion was MADE before Judge Lawrence last
week Tor commission to examine witnesses ut
Washington. Mrs. Ager's counsel opposed, claiming
mat she could aIord to send counsel there, and
her husband, besides having abandoned her, lott a
daughter by former vile Tor her TO support
Juage Lawrence yesterday deniod the motion, be-
cause plantf mad failed give the OF the wit
nosses be desired examined, TO state what he
pected to prove by them.
A SUIT Tor divorce has been brought by Amanda
Dent against her husband. John Dent, the ground
tina, he is now ilvng in US ntercourse with
woman named Carrie Smith. In Atlanta, Ca Tho
parties were married at Augusta Ga, the 18th CT
December, 1866 Judge Lawrence yesterday granted
rdaF milf nf iha nm hu nnh
lication.
ANCIENT ORDER OF HIBERNIANS.
The Ancient Order OF Hibcrnians, like most othcr
organizations, has It's trials and fluctuations The
latest difficulty in this Order has eliminated In a
litigation Instituted in the Superior Court The action
10 brought by xncient Order of Hibsrnians of tho
Btate OF New York, against Jonn Hart, national dele
gate Thomas Kcrrigan, national secretary and e. l..
Carey, national treasurer of the Ancient Order of Hi
bernians OF the United States. Tho complaint, after
stating tho due and legal incorporation OF the plain
ti and that the defendants the executive officers
Of the national Order, aud as such empowered 10
carry the instructions OF the National Convention,
winch meets once year. goes on 10 say that ON the
26th OF March, 1877, convention OF the Order was
convened IN this city and the defendants elected as
the national or executive officers: tho 81 OF
April following and during the session OF the Conven-
tiop, resoiuton adopted fixing the second Tues
aay OF May 1873, aud this city, as the time and place
OF holding the Convention, ana that The defend.
ants, by virtue oil their Office under the laws OF tho
Order are Entrusted with issuing the call necessary
nndcr resolution 1t is then stated that. vo-
aton OF their trust ana contrary to the organized
oil the Order as we'll as the resolution re-
ierrcd 10, and In pursuance oil plot concoctcd
by them, the defendants issued call Tor the holding
OF the Convention at Boston The second Tuesday OF
Nny last, instead OF Now York. The plaintiffs than
that the action OF tho defendants the premises
would greatly injure them ana would deprive them Of
tho guaranteed by the organic law OF
The Order. Tho complaint further statos that the
constitution Of tho Order requires that ths hoad-
quarters oil tho same shall DO ia New York; that II
the representatives are compelled to 60 10 Boston
great expense will DO attached TO the different lodges
under the plaintiffs Jurisdiction, and which, II the
plots were carried out, would be deprived Of repre-
sontation The complaint the asks hat tho defends
ants DO enjoined IRON enforcing tho call and from
holding tho Convention in Boston and also from
taking tho books ana papers OF the Order
from tho jurisdiction oil tho Court Tho
complaint IL supported by tho afdavits OF several
members OF tho Order tho TACT OF tho adjourn
passage Of any such resolution. They state further
that the Convcnt ton, in obedience to legal and
thorzed CALL met Boston, the 14th of last month,
and continued In session until tho 18Th that many
sion In this city; that only ten States failed to respond
TO the CALL ana that letters were received IRON nearly
al the twcntyBix states approving oil the action to
hold the Convention In Boston. The afldavits deny
plot, but alcge tho contrary that the Conven-
ton held In Boston for the best interests oil tho
Order, Il beng thought nod II occasionally in
some other State than Now YORK. Tho action was sub
Bequcnty discontinued by the planis, and yesterday
the defendants obtained IRON Chef Justice CURTIS Ia
the Supreme Court, an order modifying tho order Of
discontinuance by compelling the plaintiffs TO pay the
defendants costs and disbursements.
VALIDITY OF A suitcase.