A Remarkable Divorce Suit: Part 2

The divorce case of Trust v. Trust gripped New York City in the spring of 1865. Joseph W. Trust, a perfumer who also used the name Dr. Trust Felix Gouraud, was famous for his beauty products, such as Gouraud's Oriental Cream. His second wife, Mary, had been separated from him for several years, and was suing for divorce on the only grounds allowable at this time: adultery. You can read Part One over here. We pick up the story after the mother of Joseph Trust's mistress, Miss Martha Tompkins, testified about his visits and Martha's children, of whom Joseph almost certainly was the father:

The testimony continued. Undertaker Thomas O'Gora and some neighbors told what they knew about the death and burial of Martha Tompkins' first baby. Several neighbors said that "the doctor" (Trust) was a frequent visitor to the Tompkins.

Then Andreas Trust told the court about following his father to the Tompkins' house and listening in the hall. He said that his father asked the child (Manfred) to call him papa. Andreas' diary was read in court, but when cross-examined, Andreas said that his father had written the diary entry - not him. The diary, "written at my father's dictation," was all about Mary leaving for California with a Dr. Lyons (it is not clear if any of it was true).

Mary Trust's lawyer rested his case. Then Joseph's lawyer called upon his first witness. Imagine the surprise and shock that ran through the room when she cried out, "And I am the real lawful wife of Mr. Trust, so help me, by the Eternal God!"

This was Eliza Southwell Trust, the woman that Joseph had married in 1827 in Piccadilly, London. He had already told the court that she had left him for a "play-actor" some years before. But somehow he or his lawyer had contrived to find her and bring he to America to testify that they were lawfully married, which would nullify his marriage to Mary. Then he would not, of course, require a divorce from her.

Eliza showed the court the certificate of her marriage to Trust, from St. James Westminster, dated March 19, 1827. Mary's lawyer objected to this; he said that New York law did not "allow a woman to go upon the stand and testify that she is a man's wife." Both sides decided to exclude the testimony.

Joseph was called to the stand and immediately began arguing about the matter of false swearing since he was an atheist. The court decided that he therefore could not testify, since he "had no restraints upon him" and therefore "was of the most uncertain nature." This decision "caused quite a sensation" in court - and did nothing to help Joseph Trust's case, either.

A few more witnesses followed. One said that Mary used the name Dampier when she was running a boarding-house on Fourteenth Street, and that she said it was her maiden name, taken upon the death of her husband. Someone said that she also called herself Mrs. Rose.

The courtroom was full of absorbed spectators and, the Times noted, all the other city papers were full of stories about the Trust case. The Court said that there were two questions: (1) were Joseph and Mary legally married in New York in 1839, or at any other time and (2) had Joseph committed adultery with Martha Tompkins. If the answer to (1) was no, then the second question could, of course, be dismissed.

It took the jury all of ten minutes to return the answer yes to both questions, deciding entirely in favor of Mary Trust, who received a decree of absolute divorce from Joseph shortly thereafter. Joseph - or rather, Dr. Trust Felix Gouraud - married Martha Tompkins in Jersey City, New Jersey on September 27, 1867. What happened to Eliza Southwell Trust, who still considered herself Joseph's wife, is not recorded.

SOURCES

"The Trust Divorce Suit," New York Times, May 25, 1867, p. 2.

Trust Gourad [sic] household, 1870 US Census (2nd enum), New York City Ward 15 District 2, New York, NY; p. 323, #48/50, Roll M593-1033.

Andrew H. Trust household, 1870 US Census, New York City Ward 22 Dis. 5, New York, NY; p. 86, h/h #156.

Mary Trust household, 1880 US Census, New York City, New York, NY; FHL #1254880, NA Film # T9-0880, p. 48D. Andreas is in this household as Andrew Gorrance [Gouraud], age 37, Merchant.

Ferdinand Hopkins household, 1880 US Census, New York City, New York, NY; FHL # 1254892, NA Film # T9-0892, p. 507D. After Joseph's death in 1878, Martha married Ferdinand Hopkins. Her two surviving children with Joseph are listed in this household under the name Hopkins: Manfred T [Trust?] age 17 and Claud G [Gouraud?] age 12. Martha and Ferdinand Hopkins took over the Gouraud business and continued it for several years, see here and here for more information.

IGI marriage transcription record [Batch # M509052] of marriage of Joseph W. Trust to Martha B. Tompkins, Sept. 22, 1867, Jersey City, New Jersey. Joseph was age 60, Martha was age 28.

Advertisement image (1879) from Google Books, here. Joseph Trust died in 1878, and there was legal trouble concerning his will and the right to the Gouraud surname, between Andreas Trust and Martha Trust/Gouraud. Note that the proprietor of the company in the ad is "Mme. M.B.T. Gouraud." Also note the admonition not to buy other creams marketed under the name Gouraud. Andreas was using the Gouraud name to sell his own beauty products.