The New York herald., 1878-09-26
THE COURTS.
A Divorce Suit and Its Curious COun-
ter Allegations.
S SEEKING a d EP OF
Question Of Usage in Charges for Pho
nographic Work.

There was quite lengthy argument yesLerday be-
tore Judge Donohue, In Supreme Court, Chambers on
The motion TO vacate the order Of arrest against
Aaron l.. Livschitz IN the saa brought against him
for divorce by MIS-. Eta Livschitz claiming to be
his wife. The plaintiff alleges that she was married.
to Livschtz in Russia; that sixteen years ago he
abandoned her 10 this country, aud that he
is now living In adultery with woman here, by
whom he has had three children. Mr.. Alfred StecK-
ler the defendants counsel moved 20 dismiss the
complaint and yacate the order of arrest on the
ground that the OF tho defendant Is not
Aaron L. Livscnitz but lillian Sachs, and that no
was married to the plaintiff, and knows moth
ing about her. AS proof OF this statement nc
alluded the disparity In their ages, the piain'n
being about thirty-hve years OF age, the depo-
nent INV years OF age Mr. DAVID Levy
tne other hand, insisted that the parties were
married as set forth in the complaint ana that she
has photograph OF him and positively Identifies
him In further opposition 10 the motion Mr.. Levy
read the following document, the correctness OF the
translation OF which is certified to by the russian
Consul General:-
1. the underisned with ny own handwriting ana con-
M mes By the fa 'sa a 40 ss'e0 Of By
Lissehz in my a1d togensr "a arbsa IN in the
town OF IvanoiKa lives converted jew AleXan,
aes ha thai same
Eta his lawful wiie and thst he Is eady aeeoraang 10
dvorce but his godfather, the provincial nobemnn Was
NicOlCwltz
fulfilling the religious ceremony SO he
having pity her. ade this appointment that he w
days OF tue same Oe
when he will meet her in the city o bachmutt. -
the State OF Ekatornoslava the OF said dr.
vorce although he sent her here tslesraphic
that he coming which he ala not uin
had TO leave Bachmutt quite dsap
pointed To all this she received the certhcate from me-
to "h'sA can JupH IssEAIEwifS gS DAvIDoWrz
BAcHMuTT Aug 10 1879.
Solomon NJ Slsknd, of No. 80 Orchard street.
rabpI OF the Chrystie Synagogue made affidavit
that seven months ago Mrs Livschnz called upon
synagogue, and sked his aid IN discovering
tho Whereabouts of her husband. A month afterward
he was requested call at Mr. Sachs' house. which he
drcn Allerward Mr.. Sachs called at his house, and
requested him TO draw up jewish divorce according
to the Hebrew law Mr.. solomon asked Sachs why he
wanted be divorced from this young wue and aban-
don sucn young children. The reply was, "Not iron
this wife, but from the vile l married in Russia"
The rabbi informed HIM that under their laws II
would DC necessary to have Two divorces, as he
could marry the second vile without hfst OBJ
inIning a divorce from the hrst, and divorce
under the Hebrew religion could not be granted
which would give HIM the right marry again boiore
obtaining divorce from the courts OF this State.
Sachs insisted upon having Hebrew divorce and
asked the rabbi what his leo would be. he was told
II was Sl2 and he paid S. Mr. Solomon drew up tho
Instrument In Hebrew, but first asked the applicant
the name of his WIFE, The answer was 81 really have
forgotten her name. IL sixteen years since mar
her Ia Russia and soon after left her. was
very young when l married her." Tho rabbi asked
his name and whether he or some oil MS
friends said Livschltz in answer. Mr.. Solomon
says ailerward saw the defendant In the Essex
Market Court with the plaintiff ana identified him.
Judge DoIohue touk the papers for eaatnlDatiop.