The New York herald., 1878-03-03
THE COURTS.
Curious and Cruel Phases Of
Domestic Life.
THIRTY YEARS MARRIED
Effort to Exile The Exiles" from
an Uptown Theatre.
T HI E f M M A M I N E


John H. Masterson is over fect high, weighs 200
pounds, is well known and wealthy builder this
city and said to be high 10 command In the Order of
knights Templar. During thirty years he and his
wife Mary have mad IL rough and smooth in married
life together The nrst twenty years seem TO have
been passed by them tho enjoyment OF comparative
peace comfort und mutual affection, but during
the last ton years tho stream OF thoir do
mestic life seems 10 have flowed 1rst' over
impeding pebbles, then against rough bowders until
NJ last tumbcs wildly the Of divorce
law In divorce suit which has been institute by
tho wife on tho ground OF her husbands adultery
motion made In Special Term Of the Superior
Court yesterday, bcore Judge Sanford, for an order
iirecting the husband to pay tho wife weekly allow
auce as alimony during the continuance OF the suit,
aud also reasonable n fee to her counsel The
wife represented ON tho argument by Mr. George
W. Wiugate and the husband by Mr. Wheeler h. Peck
ham. In tho petition Of tho wife submitted to tho
Court tho motion she details at great length not
only tho facts oil the adultery on which she ounds
her suit, but also OF OF great cruelty
which finally forced her, 10 company with their
adopted daughter. TO abandon the nome OF her hus-
band. Shc says that during the thirty years which
have elapsed their marriage husban nds con-
duct toward her has boon OF the brutal charac
ter. On many occasions, particularly within the
past ten years, he has struck her with his Ast
and in other ways bruised and injured her. HIS
habual language toward her too profane and In
decent to bear repetition. In the chill month Of
January 1876, no "lost bis temper at the dinner
table, aud became SO heated with passion as 70
take up the steel nsed Tor sharpening knives
aud throw It at her with such force as to
breik tho plaster the wall which It struck
Instead OF her. Had II struck her she believes Il
certainly would have killed her. Missing his aim
with the steel he threw tho platos and other things
on the table at her, tho cause Of all OF which he
said was that "the supper late and the Quicken
tough" On another OCCASION q late dinner became
the cause of his saulng her across the table with
plate and u aisn dung IN her iaoe. 70 tness were
Hdded, from time TO time such treatment MS ''kck
her Ike dog" when she passou near him striking
her on the back OF the head with such iorcc as TO
knock her prostrate. pointing pistol at nor ana
threatening 20 shoot her nri.g pistol In the air for
tho purpose OF frightening her, raising a heavy
cabe ovor her head and tbreatening to beat
WIN II, and ioroidding her ou pain Of violence 10
visit her sister. Last and heaviest blow OF ALL ne
took up with Gussie Burbanks, with whom, the
wife says, ne not only lived III opeu adultery else.
where but also brought her 10 i've IN the
with her, and gave her sealskn sscqur, SILK dresses
ana other articles oi expensive wearing apparel he
Island, where they passed as John Il. Masters aud
wLe. All these things she bore long, so TO avoid
scandal, but was finally compelled TO commence
divorce suit which he induced abandon
became temporarily reconcsed, he promising to
Danish Gussie ana take hor back 10 his homo aud
hcars But IN 1877 she discovered diamonds and
camefs hair shawl IN the sale which she size
never wore aud ut once suspected thai Gussie haa.
Masterson househ hold and ended in Gussic
being brought into the family as his niece.
As such she accompanied Them 10 watering place.
On the thirtioth anniversary Of their marriage
hey were walking down TO the beach at the watering
place where they were stopping Gussie took defend
lnts arm and his wife walked TO tue ot0er OF
and took the otber '3ohn, said she, 1--WE have
been married thirty years to-day" He turned vo-
leutly upon her, and. the ner, said,
'sI would rather spend thirty years In sing Sing
than have been married 10 you" You can go
struck her several i,mes in the face anu knocked
her senseles& This created such feeling at tho
place that they were obliged 20 return home. On
reaching the house she SAID, 81 protest against
woman coming into tue house. will not consent to
IL" "You he,' was tho husbands answer lit Is
the third door, John, isM mott" said Gussie "ies.'
was Johns reply 10 the third floor Gussis went,
and the vile asserts thai she has been there from
that Cay to this During this period Mrs Mastersou
coussn,ly used The most VIOLENT protane and brutal
LANGUAGE TO her ana lrcquenuy threatened her
'this woman" wou'd interfere, calling the de.
tcndant "John aud asking hun "ior her sake' not to
tUucn his wife. She would then tell the vile, you
see II you use me WELL you arc used well. If leave
the house VIII suffer-. Both he and she frequently
lolc The vile that Gussc han AS much right the
house as shc (lhe w,fcj had, and occasion he
told her, Eve dOut want TO put you out now, but
Al meals hc would speak to her except order
htr 10 do something, MS conversation oeing manly
with ''ns mistress" "rhis woman" frequently told
her that sbe was bis wife that she was married
70 him. and showed Y writing which had 1t date
oi hor marriage. Sne even 0ougnt goods In the name
o: Mrs. NastsrsoD, which were the house. lie
dressed her III the elegant manner Sno had da-
nlund bracelets caoi's hair shawis and mauy articles
luxury. 10 January. 1878, the wic found coud
support life any lon.er, living al they wore.
Her adopted daughter was growing up TO be oung
lady aud was compelled 10 associate with her adopled
fathcr's ''mistress.' In consequence The daughter
ostraci.ed by all her frienus from society.
THIS was aggravated BY The father n.istng that the
daughter should introduce 'this woman her
trcuus, and when he found THAT she reluctant TO
do 50 he threatened her with vIolsncc On the 22d
leave ner husband, whelncr she had place to 20 o
or NOT She cid SO. aud mas ever sipce lIved
with her mother. During the year 1865,
when they had been living together partially
rcconcicd, her husband coaxed about $40 900 worm
ol property away rom her aud Then ''pu us husers
10 his an insulting manner" Now she says
she has o means % support, having taken with
wncn shs left her husbands home 0niy her wearing
sptarei anu $500 IN money. Her explanation OF
baviug remained with her husband after he had
openly thkrn 'this woman" TO his home
that she mad sncuatcd IRON herself her own
friends by returning 10 nve with ber hus
band, was without property, conpIctc,y broken 10
spirit aud hrai,h aud feared public scandal Her nus
band spropcrty sue estiin tes $6U COO, thinks
she ought 10 have allowance proportonate to that
amount. The main portlous OF tho foregoing charges
.re corroboraed by the affidavit OF the paintns step
daughter
The detcndan,, In the afdavts submitted to tho
Court on h's side, while not positively denying the
cnarges made by his wife, seeks 20 explain and pal
hate thom ON tue ground that be is man
ei nign temper; that what occurred with
bis vile were tue ouOursts oi that temper, and
that he did not intend TO do ner any bodily harm.
Sue know, he says, OF his relations with the ''woman
IN the case and her assocstion with her amounts IN
act aud IN law to cohnivance hrs that she
caunot. therefore, base a SUIT Tor divorce them As
~ his property he says hp Ii worth but $50 00U and
that has been living the priucipai duriDg the
pact two yegrS.
ln rcp'y to tnesc statements and points OF law on
the part oil the husband counsei Tor tho vile con-
tended that tne nusvaud and .suis mistress" pre-
scented themselves before toe Court under such cir
cumstances to discredit their testimony and tnaI
defendant was, as he SAID, living on MS prin
cipsL II could afford share that principal with
chs stress" he ought to be compelled to share a
portion OF II with his law ui vile also Judge Sanford
lnok thc papers N tho case irving his DECISION.
1.-THE EXILES"
A low days ago Juuyo Dononuc granted an injunc-
ton on the application oi Judge Dltlsnhoefer
rs counsel for Tompkins & Hill, proprietors Of
she Boston Theatre, restraining James Q. Dun,
tha oropriatnr of the Bruauwav Theafre IN