#### MARIA BEATTY *v.*JAMES BEATTY.

Divorce — extreme cruelty — brutal conduct — drunkenness.

Divorce — cause extreme cruelty. The parties were married in 1828, lived together near six years, and had one child.

*Mr.*Echert, testified that a year or two ago Mrs. B. was talking .of moving away, when Beatty came up to her and knocked her down.

*Ann Kirkland.*I have seen him whip and kick his wife many a time; he was very abusive of her, is a drinking man, and regularly intoxicated so as to be incapable of attending to business; is a tailor and has sometimes had a shop of his own. He complained that she would not mind him. She was compelled to leave him and fly to my house for protection. He once fired off a gun through the house, and I heard him threaten her life, and say he would have killed her long before, but for fear of the law. They once divided their goods and agreed to live separate — he sold his part, drank up the proceeds, and then returned and quartered on her again.

*M?-s. Kirby.*One time Beatty was gone and Mrs. B. was making some movement to leave him; he returned, and I soon heard a rumpus up stairs. They shortly came down into the yard and he knocked her down, she then stood her ground and did not attempt to run but struck him on the head with a shovel more than once. There was a regular *wind blow.*

*Mrs. Hoge.*Beatty was very often intoxicated — he would go about with his dog and gun, and use very bad language; I was afraid to go in. *She was a very good neighbor.*I heard a noise there one night — he shut-the door, and after awhile she came into my room bruised, and said he had beat her. He came after her and ordered her home. She said, you go, and I’ll come. He said- she was so obstinate he had beat her, and would again. At another time after I heard a great noise in there, the child came in and said his mother was sick. I went in and found her alone on the bed, cold, and nearly dead. I called in some of the neigboring women and we recruited her up. We sent for him; he did not come for some time; one of the women made some coffee, and when he came he knocked it out of her hands and turned her out of doors, as he did also another woman that came in.

*Miss Winters.*They were both industrious awhile — three or four years ago he kept a good table. I once saw him strike her with a foot-stool, but' don’t know the cause.

*John Swinney.*They were tenants of mine four or five years ago. He got drunk frequently, and when drank abused every body *558that came about. He was very quarrelsome when drunk — she had to flee for her life. I never saw anything amiss in her, or heard any complaint of her.

*Mrs. Swinney.*While they lived at our house I observed them closely. She was a prudent woman and kept no company. When sober he did well, but when in liquor he was the wretchedest man that could be in a human form. One day I heard a cry there, and went in. I found him hold of her hair as if putting her out of the house. I told him to quit — he turned upon me and damned me to begone. I have seen him with an unlawful weapon, (a club) threaten badly and make motions to strike with it. I made him leave our house; he behaved so bad, I was afraid. In the morning, when the door was opened, if all was quiet, I was afraid to look in. I do not remember that he complained of any thing of consequence, or accused her of any bad conduct. He told her to keep to home, she should not be running about. He looked terrifying when in liquor, and was sometimes so for two months.

*Mrs. Sarchett.*I heard a noise at Beatty’s two years ago last summer, went in — he stood with his back towards me with a gun in his left hand, and his right raised against Mrs. Beatty. I asked what was the matter? tie turned upon me, damned me, took me by the shoulder, and turned me out. He sometimes kept sportsmen’s dogs and guns.

*Mrs. Echart.*He was frequently drunk, and when so he abused Mrs. Beatty and every body else, and neglected his business — when sober he treated her kindly. There Was frequent disturbances at the house, and she was mostly at home. I once saw her use the shovel to defend herself against him. I never heard any thing against her.

*Reed,*for the petitioner.

*The defendant,*in person.

By the Court.

It seems very clear that this defendant is unfit to live with any woman. His cruelty is brutal and extreme. It has been abundantly proven. Let them be divorced. Give the custody of the child to the petitioner, and order the defendant to pay her $200 dollars alimony and the costs in sixty days, and if not paid, let executioxi go for it.