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3 N. Y. L. Rev. 8 (1925)
Charles O'Conor and the Forrest Divorce Case

handle is hein.journals/nylrev3 and id is 12 raw text is: CHARLES O'CONOR AND THE FORREST DIVORCE CASE NE of Charles O'Conor's most famous trials and triumphs was the Forrest divorce case, in which O'Conor represented the wife of Edwin Forrest, the well known actor. Forrest's counsel was John Van Buren, Esq., son of President Martin Van Buren. John Van Buren was a lawyer of marked ability, with a personality of polish and charm. During his father's term of office as President of the United States, John Van Buren had spent some months in England, where he enjoyed much social popularity, his sojourn there including the occasion of Queen Victoria's marriage. After his return to New York he was frequently spoken of as Prince John, but in spite of this he attained real distinction at the bar and became Attorney General of New York State in 1845. Contrasting the manners and methods of the two advo- cates in the Forrest trial, rather than their physical exteriors, a con- temporary commentator described O'Conor as Doric, Van Buren as Corinthian. The trial was begun in the Superior Court of New York in December, 1851, Chief Justice Oakley presiding. Forrest had first sought a divorce in Pennsylvania, which had failed for lack of jurisdic- tion. Mrs. Forrest then brought an action for divorce on statutory grounds in New York, Forrest recriminating, charging his wife with adultery with six persons. After a trial which lasted thirty-three days, the jury found that Mrs. Forrest had not committed adultery and that Mr. Forrest had. The audience applauded. So far as popular feeling was concerned, it had been at first against Mrs. Forrest. This was changed as the trial progressed, due to O'Conor's masterly management of his client's cause. Several incidents of the trial were interesting. O'Conor made a bold move in calling as his first witness on the merits Forrest himself, who was asked point blank a question concerning his relations with a certain actress. An emphatic negative would have been damaging to Mrs. For- rest, but the witness hesitated, his counsel objected, and an answer was not required by the court. The effect of this, of course, was hurtful to the husband's case. In all some eighty witnesses were examined. While O'Conor was cross-examining one of these, a woman, Chief Justice

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