The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-09
CUNNINGHAM OR ELLINGER?
A DIvoRCE SUIT Against 4 MAN THo
SAYS HE rs NOT MARRIED.
Clarence ana william EIiinEer Say that Nc
Mock Marriage Took Place, SO the
Question Tor the Jury Was whethe,
They or Miss Gun ming ham Told the Truth

Clarence ana william EninGer Say that No
Mock Marriage Took Place, tho
Question for the Jury Was Whether
They or Miss Cunrinrhn Told the Truth.
The action OF Agnes T. Cunningham OF. as
sho insists upon calling herself. Agnes T. FL
lingor. for q separation from William Ellinger.
an insurance agent, who. she alleges. is her
husband. was concluded before Justice Pat
terson in Supreme Court, Circuit, yesterday.
The story OF the relations between Miss Cum
bingham Elingcr and Ellnger was told In
yesterdays Sun.
sho came from Sligo. ireland. In 1870. She
learned dressmaking. and In 1884 met Elm
ger at the house Of n customer. They became
very friendly. and he tried to induce her to live
with him. This she refused to do. but later
she was intimate with him. and finally impor-
tuned him to marry her to save her from dis
grace. In November. 1885, she claims. she had
rooms at 40 West Forty-seventh street. FL
linger called on her there one day and told her
that his brother. Clarence. and two Mexican
friends. Landers and Brown. were coming
lnter. Brown was n minister. he said. and
would marry them. Tho woman alleges that
Brown and Landers came to her room. and
that she and Ellinger went through cere-
mony which she understood made Thorn man
and wife. Before this. Miss Cunningham says.
she had promised Ellinger that II he would
marry her she would Immediately apply for q
divorce from him and relieve him.
The case opened on Wednesday afternoon.
and Miss Cunningham's testimony occupied
almost the entire session. Immediately after
the ceremony. she claimed. Ellinger left her.
and she did not see him again until brought
face to face with him in court Her action for
a separation, che said. was only a part OF the
contract that sho had made with Ellinger
vv1,o hn, o. 1,o7
by marrying hor Her child was born In May.
1887 and died four months later.
Yesterday Ellingcr was called to the stand.
He is a small man with gray hair. and is said
to be wcll-to-do. He showed no sign Of
nervousness. and gave his testimony In clear.
straightforward manner. He denied most en-
phatically that he had gone through ny cere-
mony whatever with Miss Cunningham. and
denounced her story as fabrication from be-
ginning to end. Drown and Landers. he said.
were persons existing only In the imagination
Letters from ME-; s; Cunningham to E Iln
boy as he tried to make himself out. be- be.
and want you to come and see me-. Oh. 0 50
badly. She enjoyed writing to him. she said.
and after having written twelve pages she
Ellinesr did not deny that no had been init;
said. "she would then. she told mo. forge a
II S6ass to nss to to
the scheme" Eliinger then, said that he had
%dS TIVE t9 hs that hs
him support her. returning within 9 reason
able time SO as to avoid scandal; the other:
ns
On cross-examination Ellinger stated that
Miss Cunningham never asked and never re-
Sas '' Tss a1
he left Ills home in baltimore in 1885 to hunt
trip through Mexico, Texas and Florida he
ham H an" Gs na
do with. her for three months. She tempted
him buck to her. he claims. by tender letters.
br %sn ths Who MIST hs Sna his
called. He testified that no Knew Miss Gun.
bingham. having met her as friend Of his
brother on several occasions.
This woman Claims that YOU and your
hr Wss
Forty-seyenth street in November. 1886. when
the man Brown performed marriage cere;
kosenblatt T yh,, with es-surrosate Rollins.
aFPSefe story a%y knssi tissue of fabrication from
"Did you ever know Mexican named
B! !Sa'''
The lawyer then read a letter from Clarence
his brother had never spoken to him about
any marriage. He also gave her to under
stand fiat he wanted netting more to do With
c cHl and easd HIM hng
When did you first hear Of this marriage3"
In juno, 1887. / got the news in a. letter
from Miss CUNNINGHAM; in which she informed
Bat ns at hs the of
Mn yPS brcthSs vie ""' asked f lawyer
lin March, 1887, she came to my room when
was sick; and sat at my bedside IDS We taxed
eamc h the s ao" % and 'H Mr. Dsbbs walked i
The Plaipt started to &c and SAID J. Good
AND then banging thE door after her she went
down, and ex, Surrogate Rollins began to sum
w Hs tod the Jury TINT the question to Mls s
Cunningham were ever man and wife. The
story Of the marriage is nothing but fmsy
place and its invention is a scheme on the
part Of this to drag down the name Of
pa %ers % but ts pa aSs s"s
willing partner to everything. and was not
forced into any unpleasant relationship" Mr..
self could not tell the exact date Of the alleged
marriage was sufficient proof that 1t never
took place.
Justice Patterson delivered a short charge.
In which he said tho case virtually hung on the
question OF credihility between the plaintiff
iieved the story told by tho plaintiff that Clhr-
ence Ellinger; Brown. and Lapders came to
book a marriage service and then pronounced
them man and wifo. a legal marriage would DO
established. On tho other hand, the defendant
corroboratcd him.
At 4 O'clock the jury was locked up. At 5
o'clock they had arrived at no decision. and
Justice Patterson ordered them to bring In n
sealed verdict, 1t will be announced at 10h
o'clock this morning.
CroWds on the Roach to Look Mt tho Cor.