The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-05-24
UNlHASKED!u
THE COURT RECORD,


,es Mrs. james II. Livingston in 1881
tains Divorce from Her Husband
the Crime of Adultery-A Multitude
Reformer Pretensions and Lies Nailed
!, Livingston Shown to be a Fraud and
NJ, Pretender-SOme of the Particulars.
On 1t is always unpleasant for any jou
: nal pretending to decency and good n
n. port to feel obliged to prepare and pril
I'd an article of this character, while it
the stock in trade of some papers, in
cluded in which category is the Re
al former; hence this showing. When tn
=, circumstances combine as they hay
done in this town, where a sensations
" sheet, with convicted fraud for its ed
i itor, attacks the character and reputa
ton of many people, throwing assertion
and innuendoes right and left withou
8 regard to truth or yeracity, then it be
comes the duty of some one to expos,
q the fraud and unmask the pretension
y The BANNER enters upon the prelimi.
nary work of so doing with an assurance
, born OF knowledge.
In our issue of January 90, 1888, the
career of James Fl. Livingston was com
mented upon. This fellow has set him
self up as the model for this community.
He has exhorted, commanded, planned
and scolded by turns in his endeavors to
mold public opinion to his liking, never
forgetting to detract from the character
of any who might oppose his schemes
of selfaggrandizement, "smut" their
reputation with the vile reports current
in the haunts he frequents, and espe-
cially have the term "bastardy" and low
innuendoes been banded about in his
Reformer and on his tongue until many
decent families will not have his Shiny
utterances in their houses to pollute the
home.
The BANNER stated then, and repeats
it now, that Livingston pretended to-
virtues of which he was not the posses.
sor; that his SANDER of first one person
in our community and then another, OF
first one family and then another, until
few have escaped his venomous pen,
was in 1.-THE face and eyes" Of moral
infamy which would Danish his vapor-
ings if known and appreciated. To
these charges the reply of a column or
more of scurrility began with these
words: 1.-THE current issue of the BAN
NER contains a libelous article based
upon the unsupported testimony of a
convicted criminal, if bastardy is a
crime"
The pretense of Livingston that he
was a model as to morality and virtue,
when we asserted that neither his word, |
professions nor morality were entitled
to consideration, drew out the following
challenge of February 3, last:
The Reformer will defy any man,
woman or child in Bennington to point
to an instance where even the breath of
suspicion has heretofore ever or could
ever be raised against the moral charac-
ter of Editor Livingston. He has been
a resident of Bennington for over four
years. and prior to that time was for
over eight years resident of Hoosick
Falls. One year later he lived in Green
field, Mass, and one year later still in
Brattleboro, prior TO his removal to Ben
nington.
We now submit, in reply. certified
copy of court decree which fully an
swers the abo Ve, as follows:
SUPREME COURT DECREE.
At special term of the Supreme Court Of the
State of New York, held in and for the city
and County of New York, at the County
Court House in the city of New York on
the 18th day of May 1881.
Present-HON. CHARLES DoNAHUE, Justice.
Frances Livingston lCo..,e.,
against NOoi '' i Up!
James H.'LivIngston. VI ueo'eel
This cause having been referred to r.
A, Parmenter, Esq, to hear and de.
termlne the whole Issues herein, and his
report having been heretofore filed |
whereby he fluids, among other things
that this defendant has committed
adultery, and the plaintiff is entitled to ]
a decree in her favor dissolving the
marriage between the plaintiff and de-
PENDANT, ard the said report having been
duly filed and copy thereof having been
duly served on the defendant with notice
of filing, and no exceptions TO the said
report having been filed, now on motion
of Stearns and Curtis, plaintiffs attor-
neys, and on reading the said report,
and on reading and filing due proof OF
the service as aforesaid, and no one ap
pearing TO oppose, it is
Ordered, adjudged and decreed that
the said report and all things therein
contained be and the same hereby are
and it Is further
Ordered, adjudged and decreed that
the marriage between the said plaintiff
Frances Livingston, and the defendant
James IL. Livingston, be and the same
hereby is dissolved, and the said parties
are and each Of them is freed from the
obligations thereof; and 1t is further
Ordered, adjudged and decreed that
it shall be lawful for the said Frances
Livingston, the plaintiff, to marry again
in the same manner as if the said James
ID. Livingston, the defendant, was
actually dead; BUT 1T SHALL NOT BELAw
Full FOR THE SAID JAMES II. LIVINGSTON,
THE DEFENDANT, TO MARRY AGAIN UNTIL
THE SAID FRANCES LIVINGSTON, THE
PLAINTIFF, SHALL BE ACTUALLY DEAD.
(Signed) G. DoNAHUE, j. s. C.
Endorsed-"tiled June 18th, 1884,"
l.. S "a cOpy.)
JAMES A IIACK Clerk II
1t will be noted that according to
Livingston's own chronology he left
Hoosick Falls, which is in the State of
New York, as late as the year 1881 or
1882. The date of his wife's decree Of
absolute divorce is May 18th, 1881, and
is New York court record. BY the
same authority Nivingston) he must
have resided in Hoosick Falls several
years prior to that date.
And here comes in the hardest portion
Of our duty, the reference to the woman
and her children who passed in the state
Of New York for the family of this man
Livingston. The eldest child is about
eleven years old, and what is the legal
status of both the mother, and the chill
dren born prior to May 18th, 1882 The
depth of infamy in Livingston to deceive
as lovely woman, the brszen effrontery
to live double life and pose as model
of virtue, responsibility and even leader
ship in a christian community. as shown
in this example is appalling,