The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-28
The Fanny Kemble Divorce Case.

The Fanny Kemble Divorce Case.
PIERCE BUTLER vs.. FRANCES ANN BUrLEn-Libei
fer divorce pincuio matrimoni-n the Court Of Com
mon Pleas, for the city and county of Philadelphia,
November 9th. lS4s.-Bsfore Judges King, Campbell
and Kelly.
by the character and situation Of the parties, COM
mence4 this morning. The lbelant, Mr. Butler was
present Mrs. Butler was not In court, The law OF
Pen mia permits divorce from the bonds Of ma
trimony in Of wiful and desertion and
absence from the habitation of the other without
reafonabls cause, for and during the space of two
years This il by the frat section of the act Of Assem-
bly, of March 1sth, 1915 Purdons Digest page 314 The
libel In this 6led by Pierce Butler, the hus
Of two years and more, and absence from his hsbita
ton without reasonable cauee 1t was in the usual
FORM without specifying facts The answer of the re-
serton but sets up such circumstsn Of
on the part of the beant rendered the life Of the
respondent weary and burdensome, and justified he,
removal from her husbands residence The answer
sets out various acts alleged to have been intended
on the part Of the husband to insult and annoy the
18th of January, 1884 and that Mrs. Butler left her
husbands house finely the 18th of September 1916.
The respop dent answered generally -
J. That the libellant had behaved himself as to
withdraw himself altogether from the respond dent, and
had ceased to be husband in consequence of his
unlawful and wrongful conduct.
That he had assented to the absence Of Mrs But.
Ter and had subsequently approved of her leaving the
house.
g. That his constant cruel treatment had been
such as to make her life burdensome, aud had been
marked by course of constant indisnities
The answer then goes tn set out the facts parti
culsrly Mrs. Butler states, that 1s43 herself and
husband we're living at Philadelphia in the same
building, but In separate apartments. This
They lived under the roef but in all other re-
spects had ceased to be husband and Wife Mr. Butler
was to furnith maintenance to Mrs Butler, and du-
ring that time the respondent that the treat
ment she received from her husband was such as to
prove that he had lost oil love and affection for her
This was evidenced by rude language and ac.s tend
ing to embittsr the life Of Mrs B. and such as would
have justified her in departing from his house, without
incurring the imputaton of desertion. In October,
1913 she first became acquainted with the fact of
breach Of the marriage contract the part of the hus
band which then reached her ears, though it had
been committed in days which looked back to by
her as happy days or this breach of the marriage
contract the respondent has proof other than
NOR. But 1t was mentioned to her husband by her,
his affections lost and henceforth she felt they
must live separate though she still hoped to be able to
maintain her right to educate and superintend the
education Of her children. They had been placed
der the charge Of o governess. and Mrs. that
every means taken by their father to estrapge
them from her, and to prejudice them against her
Things continued this way until the commencement
Of 1874 when Mrs b. heard that her husband intended
to remove her children from her, and place them in
house OF his own Upon application he refused to al
low her to accompany them except on certain condi
tione which he gave her two days to consider upon
The conditions 1t were such that Mrs B. could hardly
ever, happening to Of the children she was in.
duced by the circumstance to desire to accompany
them, even though the terms were distasteful This
being communicated to Mr. Butler, he refused to &C.
cede to the request the that by her having
allowed the "two days" to pass she had abandoned
completed. On ceming in from walk, one day Mrs
Butler found the nursery maid packing up the chill.
ling with great composure The children we're taken
away, and there was no other course than for Mrs.
Butler to go to . boarding house. The visits Of
her children, while she remaining here, be-
came less and less frequent. She learned from a
sister in England, that MIR. Butler had expressed q
desire to take her back into the house. she wshedto
superintend the education of the children.
pondence on the subject took place, through the
medium Of the Rev. W. H. Furne,s. Mr.. Butler agreed
certain conditions" These reduced to writing;
the principal stipulation that Mrs, Butler would
give all acquaintance and intercourse of whatever
kind, with the Sedgwck family" and hereafter treat
them in every repect strangers and "A If she
had never known them. That Mrs. b would never
speak OF Mr. b. to any one and abstain from all refer
ehce TO the past Wishing to to- her children she
agreed to sign these and Others and after delays
she was admitted to her husbands house Sd March,
same year. when she AYERS that she received letter
from Miss SedRwick, which contained in an enve.
LOPEZ sent her BY her husband She states she
prised at thir but receiving 1t from him. supposed that
he intended shc should read it-she did so-but was
quickly undecelved by receiving from him note, up
braidng her for having violated her agreement by
receiving letter from Miss Sedgwck. To this, she
replied that she bad received 1t from him. He answered
before she came into the house she should have
trad into ana vs~nsd tha, 20 lit. ~ hnn ZIG su ,on n
She vas Ionnd to rstnr~ rrro"d enS 10, ~ h nI
covsr spv isttsr vhich ~. Lnaw % ~ o ssans
thsn, M. Rmti.~ snar. al. t 80 L Vone e a,o
IA that ~. nots r.o,. 49, NJ p a., t n.o rap
s,n,ic;t ordsrsT bsr - ,ssv ~ harsa rs S;,Iy
= p .onn n.cd he .h.; Sth .ue ~ ,h me oriaren
~ shS U ~, - ~; y S;m e, hS ,
+;on 20 ~ cow..r.s. =; .hy 1Y ~ W 'Ss ei.as-
sn -, ~ ha o go T.; ;,t; ny. Mepop.s al'Pstsg-
thst .he ~. ,havnaS .;,h ;.; u I'D nuso. s.stss
snth nsr+,"s Shs Ssr;s r.. sHe'1 aePUrt ~
circuwstsnc. tsnasS :" s,;Ii m nMpus, eSs sno
snnS..;or CO. "V IT,; =" en- yio ,sSssrnVsso ues
~ to s;.r S..s 90, .o rs, WI. D. wIsheo
~ HIM rS;.h nv. - -. "Id p Sp ~, uo1,opsns
49, - raiinar,sh ~ Too ' Su ~ usI.uoa NV.
INV ia 20 rrtn.r To,;n ht .u1 nc a,1
In cor.sapsnc. ~ hsr rfmss h sorh,a ~. In e =.
49,. Wns,iu E.-a ); ch .a, $500 ~ .S oU noa so,us "
ore h o wSn th snese aowS we sno
ot - 800 49, NC. .n0.o, smu AZ snen h s .olu ypu
IT, NJ " vos NV you VI sne Snnuren, esve une
children were taken home and Mrs b. Continued at
the city until the 18th Of September beino obliged
to withdraw to another house in Of her
house UNDERGOING repa.rs Receivin, no
answer to various notes written to her huaband abe
finally concluded to return to England bervin0 that