The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-30
THE COURTS.
The Unhappily Married and Their
Burdens of Woes.
A cHlLD-ABDUcTING DOMESTIC.
Repelling Fraudulent Claims
Against the City.

Proceedings growing out Of unhappy marriages
seem a. present to be tie principal feature Of sbs
courts. several cases camo up yesterday various
motions and examinations before rs:ercos. leading
on the list and presenting rather novel hero
10 now pending before tho referee, tho question OF
the amount Of ahmony ana counsel fee 10 be allowed
In favor Of the wife, divorce SUIT between Emma and
David D. Thomas, which presents features OF peculiar
interest The SUIT, although brought tor q scpara-
lion on the ground OF cruel treatment alleged to
have been practsed by the defendant to-
ward the plaintiff. mainly rests tho
question whether any marriage ever took place be-
tween them. The defendant IS sixty years old. and
said TO BIO deacon In Welsh church the east side
Of the city Tho story OF the plaintiff Is that the
evening Of the 18th Of May 1874 the presence OF
her daughter, the defendant brought In person
whom he represented to be y Welsh minister named
DAVIDSON, some name like that, by whom the
ceremony OF marriage was performed. For Two
years they lived together, and alter that alleged
he began to gradually move away his
clothes and effects piece by piece. until
anally all had disappeared, including himself.
She sought 10 win HIM back, but without
She then appealed one OF the deacons Of
the church In the hope OF securing influence enough
70 Induce her husband TO give hor decent support
but he would hear the deacon. anc her anal
resource was the present suit On the question Of the
alleged marriage tho defendant directly in conflict
with the plaintiff He denies absolutely that any
marriage was ever celebrated between him ana PLAN
til, anu asserts that in this respect plaintiffs
story 10 made out OF whole CLOTH The enent OF
pfaiatiu ~ 70 the alleged ceremony OF marriage
roboratcd by her daughter, amt 1t Is Insisted
part OF plaiuli that such ceremony performed,
and II not wand II only because the defendant may
have imposed upon nor by introducing u clergyman
somo person who was not such. The case Is sui on.
ruere came up before Mr.. William Sinclair. as
reeree yesterday, the haboas corpus case relation
TO the infant vi Stewart NJ. freeman his wife
hannah. Freeman and his wife are living separate,
he having possession OF son. and the wife asks The
CUSTODY Of the child ON the ground that hnancaliy,
morally and socially she Is the litter OF The Two u
have It's care custody. The husband has divorce
suit pending against his wife, In which answer
husband told her there was putting IN
an answer, US no had coha0ited with her
since the commencement oil the action AS TO
The possession OF Inc child the husband denied
before tue referee the charges mado him bv
MS vile and makes answer that the child was adopted
put W the mothers consent and that ne does not
know where II On close questioning by the referee
cree lhereupon gave hmm until Saturday next 10 pro-
duce It, The test between the parties unusually
bitter. A lew days ago they came 10 blows In The
Court House lobby, on which OCCASION the vile ex-
hausled the resources Of her paraso her husbands
head, and their meeting Is generally attended with
begerent demonstraticDs, only restrained by thor
respective counsel, A. b. Reaney and Albert Day. The
wile's clam 10 that the gray mare the better
horse" and that most oil this trouble has grown Of
The TACT that she viii no longer contribute her hus
band's support.
Emelis nj. smith brought In August 1876 a suit for
divorce against her husband, EDWARD u. smith. The
matter Was referred TO James NJ Fowler AS referee,
WHO reported in favor oil decree oil divorce, winch
Was granted and pay entg oruereu Of $50 week for
the support vi plantln AMI her chllareu which 70.
port MAS connrmed. Before tue referee testimony was
gwen showing lnaL tho defendant receiving $40
week salary; that he had considerable money IN var.
GUS savings banks and was the owner Of some stock
the alimony reduced so week He
says Ia bis petition that nc has lost his
situation; that the savings banks in winch he had
money have iued, ana that besides lis expenses
no has pay Tor the support ms aged mother aud
her Nurse. & also says that he has already paid
wife about 81 OU0 that she stills owns the piano and
most oi the houscnoid furniture which he gave hers
that he understands recently loaned about 81 $780,
and besides she has good income from renting ur-
nshed rooms IN the mouse she occupies, No. 20 West
rwsn,y-u,tn street. Judge Do1bnue yesterday re-
terrca the matter 10 William h. Boyd.
Ars. aOpha King CLAIMS 10 be the widow OF the late
John 4. Kns, formerly livery stable keeper in this
nty, VINO dea July 30 last She says that she has
received nonug from tho estate OF her husband
his death that she only earns IS week. ana IL very
anxious 10 have speedily tried SUIT brought by
against William II. Terry 10 recover her inter-
sst IL some real estate The case was recently placed
on the calendar OF Supreme Court, Circuit, and
The asks 10 have 1t placed among tho pre-.
lerred tor trial during the coming
month. MT Terry says IN e, reply tina. he Dough:
conveyance made on April ~, 1874, was signed by
John l. KING, and Mary Matilda King his WHO that
not nved Win MI King for tho last twenty years. He
asked Tor postponement OF the case until October
y
vile. Judge Donohue ordered reference yesterday
10 Pnilo 7. Ruggles.
In the sun brought to annul tho decree Of divorce
granted in The SUIT OF Ruth Cooper against her
band, Isaac T. Cooper, the facts vi whch have been
published, mrs. Cooper claiming 10 DO tho widow OF
John y. Marshal, Judge Donohue yesterday
The order directs that the pisiutiG nlo and
show 10 Aessrs. Robinson Il ScriDncr a
list OF tho names Of those she wishes TO examine
~ opposition TO tho order 10 show Cause why tue
divorce should not be set aside on The ground oil
fraud, COLLISION and imposition on the Court. Tho
referee Is directed to proceed win The examination
WAN all convenient speed and u any imposition hus
been practiscd on tue Court 10 report The guilty
parties.
through his counsel, air. James Quiun Tor writ Of
habeas corpus 10 obtain possession Of his infant chd
Ellen Josephine McGown. He says that the child Is
now living with her mother, Bridget McGown, aud
her grandmother, Ann Mcclure: that they occupy
small rooms IN u rear tenement house unhealthy
neishoorho1a; ahat they whi not allow nm
poor aud unable 10 bring up the child properly,
whereas ne abunaaut means to Tor II
good care Hc says further, that his wife Is partially
nsane that she refuses 70 return TO his house
%uDt Of deusion that there Is some lylng In wait
rc to murder her and that tho house is haunted ny
9ls The writ was granted and made rsturnabio
crow.
ora Halstaad states that she was married TO
Hastcad on April %, 1912; mat tney nved
until June Is, 1871, wben no deserted her
six children. she states further that during
nvc years no has been living with another
She brings suit Tor limited divorce, and
sue have undisturbed custody OF the chill
iso that a receiver be appointed Tor leg
deceived by her husband from his father A
81 rs ordered.
DUCTION AND LARCENY
f22d inst Mrs. Adelino N. Elicrs, after o
ace from her residence, No Is wiilott
nd her return that her servant, Julia
fg, girl Of sixteen, hau nod the place, TAX
her Mrs Eliers son Henry, q child two