The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-26
MRS WOOLSEY'S AFFIDAVTTS.
SIZE REsTsTs THE MOTION TO REOPEN
HER DfVORCE DECREE

HER DIVOhCE DEChEEs
mar SON. Side with Her, and the Motion
Papers in Her Application for Aimony
arc Made Public for tho First Trme-Mr
Wooi.ey's Own Amdavit h Submitted.
Strong opposition was encountered by Ed
ward J. Woolsey. tho wealthy cubman. on his
motion before Justice Truax Of the Supreme
court yesterday to open the default on
which Fannie s. Woolsey obtained an abso-
lutte divorce from him on Monday.
The decree OF divorce had been granted on
evidence that Mr.. Woolsey had been In certain
houses in this city with Agnes McGill. who. he
says Ia employed in the Treasury De-
,Artment Mt Washington. comes OF good
family, and Is eminently respectable.
There was evidence also that he visited
the house OF n Mrs. Florence Boynton.
Mrs Woolsey is n daughter OF Henry A.
smythe. once Collector Of the Port. Mr. WOOL
sey became millionaire on the death OF his
mother about II year ago. In his answer in
the suit he charges his wife with adultery with
his former friend Frank X. Sturgis. President
OF the stock Exchange. and with Edward NJ.
padeltord of Baltimore.
Mr.. Woo.sey was in court yesterday. Law
yer A. Fl. Uumme In his behalf. said the de-
fault had been taken because lie and his client
had overlook ed the fact that this case. as well
as three others in which the firm was engaged.
was on the large calendar before justice IN
graham last Monday. lie thought 1t matter
of justice that his client should he permitted
to endeavor to establish the charges he hao
made against Mrs. Woolsey. and should not
suffer Tor the neglect OF his attorneys.
Iawyer Hanford Of counsel for Mrs. Woolsey
Rad an affidavit setting forth that tho adultery
of the defendant had been clearly shown to the
satisfaction o! the Court and that 10 open inc
default AMI allow the defendant TO come INTO
court and defend the suit Monld give MN me
advantage % havlnE beloro nm the evidence
OF tho pnnti r. witnesses. Letters had oeon
written to tho defendant counsel OF recent
date. inform!n. them that the case was on INC
calendar ant would soon be reached and that
the plaintiil would b. ready to 60 on. Thesase
was regularly noticed on the calendar Tor Non
day last. and the defendant had paid no a!ten-
E!.hu Root also argued against the motion,
He said that 1t seemed to be taken for granted
that default should he opened. although
s Grow redfhs rht on the Subject But IN
this INSTANCE the default was uneIplained and
fragrant. To open II would Giye tho Geiendant
this would be a gross Injustice, ,uight 1t not
he that the defendant allowed his case to go
come possessed Of the evidence Of the plain
ths The defence Of the defendant was a
Jury trial. with the hone that publicity; acting
upon = timid. sensitive nature. would con- ,Di,h
nsts aS and shame
Mr.. Noo,sey presented ar affidavit In which
he AYERS that in February or Marcn. 1851. ne
went to Albany and telegrnphed his vile that
he could not get home That night. He re-
turned. however on late train; m and he , de-.
in tie library OF her residence with the Lights
turned down, They were sitting on sofa.
Sturgis beginning Dear Frank" and closing:
his sons, wish s' to 10 bsred and isye
Mr. %Ss.sy ' aer aVsrls9 THY on By:
81. was going that night lie vert to shs
there in Il box with Sturgis. He demonstrated
with her at the theatre. but, fearing scene'
In her affidavit Mrs. woolsey admits she was
at the Casino in II box that night but besides
CLEVELAND, Mrs. Helen Jatrray. and their moth
er. Mrs. Henry A. ,Smythe. were also IN the
her I asEea
she was there She replied: o,. ,n,-
Ned u YOU cant pc happy yourself; s Why
George IL. and Edward j. Woolscy. Jr. the
sons. submitted a Joint affidavit saving:
' ssss IKE no and ~
siisvt II our father say that each and every
S oar % "a
fonhIaio on. and We denounce the making Of sueh
,s',ns !; al. sna ,,n
hsi purity and we assert the b. Gdw.rd j.
She hs. aiwavs been a fi,ih vi. attentive, NJ
a. We .e e"uG see ali our Ike ali
lathe! was the as 1o S,n Tni
from mother only remonstrances and tears.
Mrs. Woolsey says in her affidavit, that three
in OCTOBER Der. 1870. the defendant developed
unfounded. senseiess jealousy OF every man
language Of having broken ny marriage vows
with every one OF them This. was during
their honeymoon in England. subsequently
hal n prpu her forgiveness and showed con-
triton. He repeated the same conduct after
and on ApF rs fsss me w0 to
leave him:
their Future beg impor you my knees not TO do
fa y% my ny. s DO t
ns nay f Hr the f ov Of 70 70" w
NC 'A'' ''"'' Always your loving Husband.
Mrs Woolscy admits that she was in the
but she says tho lights were burning as usual.
She says that she, struck her husband only
in hsf hsr
Sic '' struck him with u beer pitcher or BIT
- ] may have called him brute" she h., Do 10;
him devil. FOR he was one. l may have ca le1
toward IN. was brutal d9viish and toHiI I.
Violence. which made my life an almost con
tinual torture. ana l nave sometimes useu
womuns only weapon and told the man wha
no really was in my eyes, She says further:
That the said de endaut has varied his sad bru.a
treatment OF her by iniiciing upon her personal Vo
lence on one occasion having thrown piece OF ice
her which caused severe wound Of ono Of depnnent
eyes another occasion having seized GepOnent by
the throat hud nearly strhngird her; on St another
occasion having struck dspnnent violently pro
duce rupture Of one Of tho muscles OF her chest th
marks of which SIN remain and the inlnrie
from which required medical treatment. Tina
d. On: Ease Of %snx i
sad defendant has acted in such mann.
rs to bring about the greatest degree of humili
alton and mo t'iication TO deponen. dispning &C
counts known to be just refusing payment ot others
and SO compelling tradesmrn 10 bring suits in hi
courts against HIM 10 collect their bills and in diver
other Ways has wronged drpOnent 70 such eSten
As 10 seriously II not permanently impair her eAth
that for time past she has been Obliged to
main under Tho care OF her physician
That she has borne all the Rrievons wrongs of tn
sad defendant. only y small portion or which hav
been above referred no. as long NJ Wa. ,ssbo 10
her bear IN We of her repuRnanc- 10 tho pub
lie schndhl involve cd I'D resort TO me Conrt.. Mhic