leseeiti" id' Cniein-Notee Yo Ill:` otenerent -eivelnatitv %a: venal t rocvita alt- PORT.OrTlfil ItE/21111; AWARDOCHsaII. Yollitnes $4,000 ameletWei 7 '.•.; a , ' 2-T • attereatiM, eonne---sentlar TOM. Deo. 21.-egewhisrine.X., „arrest . 2vs. Edwin Forreat—Cits , arid eountyof.NewlY, Edwin Forrest, the defendant aboye,lnimed; being duly sworn, state as follows: • /WOO -read the copy of an affidavit paxportingtio have been , made by •the plainliffinthiseeetion; °tithe eliteenth day of Dee Umber , latent. If correctly understand of , andavit, it was-intended - to shorted I. desired and meant to create unnecessary delay in the suit, and was defending the:same- rolely fromtneworthy mollses,:,/ , ,prouteinee the Capitation thus made to be:fitterly unwarrantable.: •I 'have always' be.: Roved; now.believe, ve rdict tied judgment vane, inetnthie action to tie' erroneous, &nal en tertain the, hope, which, has never deurtint that at - some; time- the injuitice, thus' done, me would be isorieetedliathiidue nomad of larthy the. courted' bat' Medd, in: this litate v it not in this tri hunal.-And. the course Lhasa taken and am ,taking herein, persortally. and: bymy, 1011 • 40 Pt.c 41 with no other View than-to eon= meenoti legal rights; ea ;,I ,consider myself entitled -to enjoy. Amongst these rights I include the means and op portunity to review not may the orders and decrees heretofore, but theft Wlitelt May be hereafter made again lme in this, cotton, and the report of Mr. Bradley, the referee together, with any notion of thiloollittifereon adverse, to me.' Aid I haradireoFod my, °anneal to take all - legal steps necessary to correct the errors„whieh I ' believe, and they advise me, have been committed in such "Pit . ft 1 g 'cittitc - true OA'I ,am relnotent to furnish the plaintiff - any eupport out of my estate, or to let her share it in• any proportion, beeense beltevelier iii"every timed unworthy to Tanaka. it, and while I-yield to - the laws of the land and what may be done under them, I 'shall ho' omit any honorable ,effort, consistent 'with thole laws, to avoid. any, exectson for the plaintiff', benefit which I may rightfully prevent., And the fact that I am now under an order to provide her with support until a final deoree.in this Mitten le made le prominent amongst several reasons Why I not only do net wish to delay the proceedings in this action, bat am anxious to have• finch decree made herein at the earliest practicable gelded, and have the same taken up, if necessary, for ultiniate de olden in the court of last resoat, to, whioh court, I have not yet obtained the right to present any part of this •easb. The judgment for diieree against Me wait entered in- this tuition on the 31st day of Janusry; - 1852,.and permanent Illiniony - nwerded at the- rate of three thoneand dollataper year. The referee has increased the amount to four thou sand dollamper, - year, directing the allowanoe to begin with 'the oolnitiencement 'of the suit, and to be paid without deduction for any sums which I have paid -prior -.to,' the 24th day' of July, 1856, for plaintiff's support or fees •of her °ousel. • understand that in fixing this Illowaooe the 'referee has not. only treated as Mine properly which belongs teiny sisters, bat has fixed- the-sam to - pay in - referetioteth the increase of my means from all sources slime the judgment Of diverge was entered, acid up to the date of his report. Re,has also, as lam told,,laid entirely out of view the fast that the, plaintiff has adopted the profession of `noting; and hid a very profitable employment as a reatuiger and as an M ixon in California, which I' proved to the cafe-. ranee He has, too, Be lam informed, stated such allowance in reference not alone to the style in whieh - the plaintiff and I lived while= residing' together, or rn whith she .lived: when voluntarily separated from me;-bat also in connection with the upeotations which the demo finds she had formed of living Ina More eumpthenti ,and. silendid Wylie at Foothill, and at my sister's house in Philadel phia. It is said, also, that he, has, in' effect, de clared her peeuhiary eiroutaidancoh tie be, of no tionsequenee, in his opinion,- and substantially . re jected all proof bearing upon any otheapeetnuary point than the extent of my - fortune; present and prospective: She result of his decision, as .I un derstand' it, is, th at she shall have-the greater portion of my productive property: .11' is my do - sire tied 'intention to have decided—if necessary, by tlie - Court of - Appeals:awhother the estate of a. husband ie. tine to. be' dealt - with:when a wife obtains a divorce from, him, and whether; as the referee seems to have concluded, a judg leant for divorce is also 'a decree for partition, es if she and the husband were jointly seised of all his estate; - and whether; in such nearly the whole prodnotive property of the husband should' be given to the wife in addition to her right of dower. In the course of rho reference, I offered to prove sexual intercourse with men by plaintiff since the aforesaid decree for divorce. The offer was made in good faith, under a belief that the testimony was competent, and yet 'it was re *bid,' in supposed aocordanoe with the decision of this court in June last, refusing me commissions to examine witnesses to show the unoluisteconduot, intemperance, • and 'extravagant= of- -- the- plaintiff. One of the w itnesses produced by mo on such refe rence, was Mr. John H. Gihone of Paterson, Now Jersey, an editor and a highly respectable gentle man., He proved that he was in caliternts daring each of the years 1849, 1850, 18510852, 1853 -and 1854; that in ' the winter and spring of 1853-4 he became acquainted with the plaintiff, who was then managing a theatre in San Franoisdo e in which she at the saMelanicaoted; Plaintiff tol d him that the exponses'of the theatre were $7OO - ,night, and it • was capable of 'holding, at the prices, :between $3,009,5$ *4,090. The Witneestberimipon secured an engagement with plaintiff for Mies heron, the celebrated actress; by which the latter was to re ceive half the protiolide of - eath night she perfermed, less $4OO, with a • benefit, as usual, and half the gross' proceeds or, receipts one. night in the week. , The company performed •on Sunday - nights,- but Mies .11axon . did. not. She fut. tilled her' engagement,. drawing „large houses., This was jest, after Madame Anna Thilion had played. an , engagement at the same theatre, and, ' under the - same management, performing three nights ,'week alt‘rnately with hit. hiardook, each of said 'performers being whet is bailed '• and the lady drawin g '" crowded houses. While plaintiffehad the: management of eaidtheatre the house was generally. wall filled, and-the engage ment of Miss Hoion, Which was not more than me "average one," paid her liberally.. Be , this wit ness my Ennui offered to proye befdre the referee, that the plaintiff,'wbile in California, was ", Sully extravagant in spending money for her per sonal purposes." This was objected tohy; !menu sel as irrelevant, and exoluded' by the referee, whereupon my counsel excepted. - My counselthen , put to the witness the following questions•e;l. Ale you acquainted with Mrs. Forrest's general oha raoter its to chastity daring the period you•resided. in California?' 2. 'What ohms of persons visited and were the intimate: asecialates of hire. Forrest in California While you resided there - Eaoh of these questions' was el - decked to' by' plaintiff's coun sel, es irrelevant, and Mieluded, and the ruling as to cash was excepted to: When the second quite don was put ray counsel - stated that both questions were put 'e with a view to elicit proof showing 'that Mrs. Forrest, while residing in California, was habitually unchaste, and oonslantly reeeived'as her MOH inti mate companions, miters .ad friends the profligate men of ban Francisco, whose names and. occupa tions" he proposed in this connection to show. 1 produced witnesses before the referee to prove that the plaintiff, while residing in California or eLso. whore, after the divorce aforesaid, had never oe; ' c opied more than part of a hoagie; olio to dew the expense which would attend maintaining herseit respectably, and in a suitable condition, either in a hotel, private apartments, Or of - she kept house ;. but as i understand, the referee has treated all this proof, and all proof of the like nature, as en tirely irrelevant, In the same manner ho appeare to have disposed of a memorandum or account book opt by the plaintiff during the years 1848 and 1849 while we resided together at 284 West Twen ty-second street in the city of New ;York, showing in part the expenecs'of maintaining that establish. =out during those years. The aforesaid affidavit of plaintiff contains extracts from the testimony which I gave before the referee in answer to gees. lions put to. me- by. my -'eounsol.- -Those- state mente were made by Eno as the spontaneous sugges. lions of my own mind, without consultation with any other person, and as the reason why I could not tell what had become of the moneys received by me for acting after 1852, in reference to which I had been most minutely and rigorously cross-ex amined, as I had also been concerning many other subjectsaby plaintiffs counsel. I expressed in the answers thus given my honest convictions long en tertained. The allowance made by me to the plain fag, to 'whit% she consented, while we lived separate by agreement, was fifteen hundred dollars per year ; the allowance made to her for clothing while we lived-together, and which she accepted se satiefactou was as I stated in, giving testimony. before - sad referee, - two hundred dollars per year. , I testified that my whole estate amounted to $116,1100: is 'correction of a statement -estima ting it eta higher amount, and I gave a• fall and minute description of my property and its income, and it will, I think, be found on examining it that the referee has, even ma the - principles adopted by him in his report;' made to the plaintiff an unrea., sensible iind extravagant ; allowance . On theenb. Pet of 40;Th - slide widen, 'I Gail the attention el • the court to the fact that I appealed from theludg, meat of divorceat 'the special term, and slash 'ap peal was decided at the general 'term of this court earlyin 1858.' The judgment on such appeal - was I entered July 24, 1850 and no step was taken In I this gotten trete that time until the month of June, 1869, just sel Mr. Van Buren, 'who had been my counsel throughout, was about leaving for Europe. Mr. Vanituren remained and attended the refer ence until at was by the referee adjourned over •, the summer vacation,- and to the month of October. • But the court ordered it to_prooeed after Mr. Tan Buren left the country for Europe, and I employed Mr. Brady to Witt me as counsel, and he_unduot. ..ed the reference in my behalf from the time he was so employed until its close. Di advising Eno about -I this motion, he urged that it should be brought to an end as soon as p racticable ; sta li ng various moons.' amongst which Was the uncertainty of life, and the regret I,would feel if taken out of existence before it - had been finally, determined whether . or not the judgment against me was consistent With the ' law of the land. - I coincided with him in this opinion, and mean to eiie titan it, -'I deem it duo' to my, family and myself , that I. Conti; if possible; col , reet the errors to ;ay, preludiee, which I sincerely belleve'haire been eommitted in this oase.• •No sp. edisatien was ever made io this notion for any al- Towanee le the plaintiff for temporary: alknony un til the month of July, 1859 - on - the fifth day' of which month copies of a petition 'end order were served hereto, to, which, .and the afftdaeita used in opposition thereto, lavish to refer on the hearing of the motion for whioh this atildevit, is • prepared. In said petition the plaintiff mien that my estate, realamdpersonal, exo4ded in value, she believed,- the sum of five hundred thousand dollars, and I made no affidavit in Opposition thereto. oa, this uncontradioted statement; the court, on the .22d day ofJely last, allotted, plaintiff temporary ali mony et the'refte of $2OO a month, and her counsel' $1,600- Mier that the referee reports my sedate to be $268,722 of whisk he finds more than' $113,000 to yield no incense, but to be but a charge, plain-, tiff apPlies for $4,000 a year temporary alimony,' and $l,OOO More for her