The New York herald., 1879-12-25
raE CHARGE AaA1Nsr ANDREW '. s. gMrr1
THE WALKER DIVORCE SUIT.

REPORT OF THE REFEREE IN FAVOR OF MRS
WALKER AGAINST HER sEPTUAGENARIAN HUs-
BAND-Two HUNDRED AND FIFTY DOLLARS
MONTH ALLOWED AS ALIMoNY.
The complicated divorce troubles ofJoseph Walker
and Eliza J. Walker. his wife. developed from time
to time in various proceedings before the courts
during the past years, have already been fully
published in the HERALD As will be remembered.
Mrs. Walker instituted these divorce ntigations by
bringing suit for limited divorce against her hus-
band the ground of his alleged cruel treatment of
her. He met the suit by bringing counter ono for
absolute divorce charge of adultery. Tho
motions and orders growing out of these suits
have been interminable. and their complications
rendered more confusing through in
termediate reconciliation. which reconciliation.
however, proving only temporary. was the
signal for renewal of legal hostties.
The final order in the was by Judge Barrett on
the 25th Of April last directing the suit OF Mrs.
Walker against her husband, reference to ex-As-
sistant United States District Attorney Samuel G.
Courtney Pursuant to this order the taking Of
testimony began, and in its progress large number
Of witnesses have been examined, occupying alto
gether forty-two days At these examinations Mr..
John b. Perry appeared for Mrs. Walker and Messrs.
George W. McAdam and Daniel p. Robertson for NIr.
Walker. No defence. however. interposed
beyond rigid cross-examination of the plaintiffs
witnesses. Mr.. Courtney has made out his report.
the connrmation this report has hoo cot down
for a special hearing before the Superior Court, Spe-
cial Term. on the 9Th of January next. An epitome
Of Mr.. Courtney's report is given below.
THE PARTIES TO THE SUIT.
Mr.. Walker is now septuagenarian, although he
would readily pass for of years younger. In
1865 he was living at stockton, Cai where he
formed the acquaintance of his present wife, who
then the wife of q Mr.. Drenton. As was stated
In Mr. Courtneys report an Illicit intercourse fol-
lowed from this acquaintance which resulted in the
frst husband being disposed OF by means Of o de-
of divorce obtained by the plaintiff against
him." This legal obstacle to their union having
been removed the two married in August, in
1868. in San Francisco, where they lived together
about year. They then came to this city. At this
time Mrs Walker was about thirty years Of age and
Mr.. Walker sixty. After their removal to ths
city they LIVED happily & tos some % time, when aissen
already stated, in mutual suits for divorce. While
they lived together they occupied elegant uptown
residence.
''FoR BETTER. FOR WORSE"
point strongly urged for the defence Was that II
Mr.. Walker had been guilty of the offences charged
against him this had been condoned by their recon-
ciliation and living together again. Touching this
branch of the litigation Mr.. Courtney in his report
says ut is fair to from the testimony that
the defendant in California, before his marriage
the plaintiff did his share in then causing her to de-
part from q virtuous course Of life. At least he
ried her knowing all about her, and took her 'for
better. for worse" and with all her sins and imper-
fections on her head. He certainly has no right
he suspected her of violating the marriage
wife. He knew what she when he married her.
nished her the means to indulge in extravacances
and riotous living. He should have taken another
course, and. a prudent suspecting husband.
should have guarded her against temptations and
furnished her occasion for falling into then for
the evidence abundantly shows that he furnished
her with horses aud carriages al hJum and permit
ted her to ride out whom, where and with whom las
general thing she pleased, and with httle If any.
restraint from him.. The referee holds that, X
Mrs. Walker the dissoute and abandoned
woman attempted to be shown. that furnishes no
defence under all the circumstances, to the causes
he
MRS. WALKERS TREATMENT.
In citing the testimony Mr.. Courtney holds that
1t is proven that Mr.. Walker commenced abusing his
wife about year after they began their residence in
this city; that he called her vile not only in
the of her children but in that strangers
and that in short. 1t became dangerous tor her to
1.-Two with him. he not only having threatened her
with personal violence bur on one occasion drawn .
pistol upon her. "The property, says MIR. Courtney
in another connection. 1.-The furniture got by him
for housekeeping was taken away and sold and the
wife turned virtually into the streets aud few days
before he abandoned the plaintiff forever. after hav.
ing first given her LotIce that hc was going to
Natick, Mass, he prowed around tho house, acting
more like n burglar than an honest man. and im-
mcdiatcly before leaving visited the plaintiff at her
house and brandishng pistol over her head said he
expected somebody there and he would
have blown both their brains out IL he had to swing
for it."
After holding that the reconciliation effected by
Mr. Walker with his wife not in good faith. but
ito get rid of the for absolute divorce pending
by and against him and tho liabilities he had in
Cured hereunder, not only to the plaintiff, but
certain deeds and papers, he gives the facts
and figures to the income of Mr.. Walker. He
shows that Mr.. Walker received from December ls,
1871. to May "a 1879. his share of the profits Of
tie vinegar bitters S76l 5S1 30 He also shows that
he owns considerable real estate at Natck. Mass.
at keyport and Hoboken, N. j.. and in Brooklyn
and elsew here. including 500 land in Colo
man county. Mich. Upon the subject of alimony he
shows that $3.50 almony has already been paid pur-
suant to order of the Court. In his opinion she
is entitled to receive as permanent alimony up to
the present slt799 99 from which the $4,000 is to
be deducted. Under this computation he allows her
$3.50 alimony month. He holds in conclusion.
that the plaintiff is entitled to a limited divorce on
the ground of cruel and inhuman treatment aud for
abandonment.