The New York herald., 1879-11-06
THE COURTS.
Amenities Of Thirty Years
Conjugal Life.
MI L x E ID @ A S E
The Pleasantries Of Tenement
House Life.

About two years ago Mrs. Patience M. Gardner
brought in the Supreme Court suit for limited
| divorce against her husband, James Gardner. the
basis of the suit being alleged cruel ment. The
| parties were married November g. 1s49. The
trial of the suit commenced yesterday before
Judge Van Brunt. holding Supreme Court. Special
| Term Mrs. Gardner declares in her complaint that
her husband the habit OF i'll treating her for
many years, aud she also charges that he obtained
the bulk of his estate from moneys extorted from
her by threats and undue influence. and she asked
separate maintenance from the estate. The plain
tiH, who a lady about fifty years of age
and neatly dressed, the principal witness
yesterday. and gave her testimony in straight
forward manner. In her testimony she stated that
her husband in addition to treating her with uni
form brutality besides accusing her of unfaithful-
TO him. furnished her with wearing apparel
during all the years they lived together. She speci
fed some of his brutality, stating that in Janu
ary 1877. he thrust his fist in her face applied to
her in the presence of others most opprobrious
epthets altogether acted with such voepce that
it was supposed he insane. She stated fur
ther that he told her this occasion that he
going to hell fast he could, but he would send
her there first. She said further that frequently
after he came home he would be in such violent
rage that had to the servants watch in the
hall. fearing that he might commit violence upon
her. III the of other testimony she stated
that he forbid her going to church. prevented her
friends calling upon her. pasted ON the fences and the
street printed statement promising developments
in regard to ak-mnded woman. and that sho
the woman referred to. He kept vicious dog to
annoy her and visitors; that when she asked him
for money he would to her, with oath, II will
fix you OF these days.; that by means of threats
aunt that in the manner, and pointing at her
revolver he compelled her to satisfy Sll 900
able without interest six months after his death;
that two months before bringing the present suit he
excluded her from his sleeping room that he never
sary or their marriage, when he presented her with
watch which cost him 81; that afterward he
did give her S1O0 to buy pair OF diamond earrings.
which being insufficient she told him she
would buy them and give him credit for the money
what he owed her; that her aunt Mrs.
Hanpah Hancock, clothed and fed them for
eighteen years, and that after her aunt's death
she supported herself and paid for his clothes She
stated further that estate Brooklyn. conveyed
to him in trust for her, he had conveyed to himself
and afterward conveyed to his sister. and that he
veyed nearly all his property to relatives to prevent
the enforcement of any order OF the Court for her
support. In his answer Mr.. Gardner denies the
cusation Of i'll treatment, but admits having sworn
at her at times on account OF her conduct to him,
and particularly when she declared him lunatic
and sought to have him committed to asylum
As to the poster. which read ministerial specula
.ons m s mess ssd aIf rnsrs
inside workings of his last church-wl soon be pub
lished." he declares that it was the result of
the pastor of the Baptist church of which
she a member inducing her to advance him
money to invest in West Virginia lands. with the
understanding that the fact should be kept from his
knowledge. He says further that the reason he
forbade her going to church that he did not be-
lieve the persons she met there were proper asso-
ciates for her. The dog, he says, kept Tor Mrs.
Gardner's use and was never known to bite any
AS to the revolver he says this was his wires own
property which he put under her pillow ut night;
that lie requested her to occupy another sleeping
apartment because she was constantly quarreiling
and preventing his getting any Sleep As to the
OF his having owned real estate in Brook
lyn bought with her money he denies it; The trial
will be resumed this morning. and will probably
occupy three or four days. Ex-Judge Morris and @.
T. Whttemorc appear tor the plaintiff, and ex-J Judge
Fullerton and Mr. Ten Eyck for the defendant