The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-05
THE FANNY KEMBLE BUTLER
DIVORCE CASE.
Interesting cesrespondence.
&c., &c., &c.

PIERCE BUTLER u.s. FRANCES irSg BurLER-LIBEL FoR |
To the Honorasi. judges the co, Of Common Pleas,
Of Philadelphia County the Libel of Pierce Batter,
CITY q Rfdst .h rss.sSS ay 81
the year Of Lord thousand eight hundred aai
lawfully joined in marriage with Fran
An Kemble, and from that time until the de-
ssrtion hereinafter complained Of lived with her, the
said Frances Anne, as her husband, and was Owned
repued by all their neighbors and aclusiutances:
And although by the laws of God. as well as by their
we're recpr ocay bound that and uniform
regard which ought to be indispensable from the 1T
rom the eleventh day of September, in the year Of
our Lord one thousand eight hundred and fortyfve,
hath wilfuly and maciou,y deserted and shsented
and in such desertion and absence hath since CONT
nualy persisted for the term of two and half wears
and more without any reasonable cause and yet doth
continue to absent herself from him the said bsls MT,
and his habitation.
Wherefore your libelant further showing, that he is
citizen this State and hath resided therein for
year and more, prays your honors that subpe may
issue forth to her. the said Frances Anne But
er to appear said honorable court at June
next, to the complaint aforesaid Aud, also,
that decree of the said abe may given
for the dvorcng separating her the said Frances
Anne from the said belants society, felo vshp and
company in ali time to come and the said ibsllant
been married or ifshe the said Frances Anne
were naturally dead and prays the afdav suboined
may be deemed part of this libe
CADwALApER, for hbelant.
The above named libeant being duly swern
ding to law saththat the statement Of facts contain
ed In the above ibett true to the best of his know
ledge and belief and that the said complaint is not
the said Frances Anne Butler for TIA purpose of
being freed feparaed from each other but IN sim
certify and truth for the causes in te said
sworn and subscribed, goth March is4s be, bre me,
CHArHcrr BvLKLEs, Alderman
The Commonwealth or Penusylvaniai
(sEAL1 To Frarces Anne Butler, Gteetiny
Whereas, Pierce Butler did the Both day of March
his UotitiOu Judges C(vft OF Com.
mon Pleas for the city and county of Pntladephisi
Be- divoiesd from the bonds Of matrmony 8 crsaanto
with you the said Pierce Butler, 81
DO therefore fore S tbs ob a@
proper psI.on before our It Ph!sdslshi.; attic
and county Of Philadelphis, ON tse first Monday of
Juns next to the petition libel OF the said
the ga sssss Butler yeur husSsnd should cot be al
vorcet tsm the bonds Of matrimony agreesby to the
vided. And hereof fail not.
witn4s the Honorable Edward Hs King Esquire Pre-
dsy of Msrch. Ammo Domiri one thousand eight hun
49, ,fsisnedl JoHNsMr Parliamentary.
Alowedby A v. PARSONS.
To the HonsrabIehe Judges of the Conrt of Common
K Pleas for the city and county Of Philadelphia.
Ths answer Of Frances Anne Butler to the libel Of
Pierce Butler divorce from the bonds of ma
Frances Ann Butler, the defendant, ravlng and
sss 4 Go various errers se
and mperfec tons In the said libel contained, and
claiming the same benefit Of all and every the matters
had plesdcdthe same, or in any ether more proper
way advanced or set up such matters aad things for
answer thereto, much thereof as am advised IL
Is material necessary for to make answer unto,
!, the said defe ndAnt answering, say.
That true 1t Is and therefore admit that !, then
Frances Anne Ksnble was on the 7th day of june in
the year of Lord 1884 lawfully joinsd in marriage
with the Ibellant, In the city Of Phindelpha. But
further answering say that it is not true, and there
fore deny that have either during the period set
forth in the said bel,yiz from the eleventh day of
V1seber she yess ct Lord 1876 to the twenty
ninth dsy6 March IL the year Of our y ,rd ls4s or
since wiifay and maiciousiy deserted and absented
myself from the said li6ellant and his habaton as 1t
is in the said libel untruly charged.
And further answering, say, that 1t Is true, and
therefore admit, that did leave and absent myself
from the habitation of the bellant the tenth day
of September A. D. 1S45, and that have ever since
remained absent But it is not true and there
deny. that such leaving and entng myself from
or that 1t was deserton within the true intent and
meaning of the act of Assembly in such case made
First Because the nbelant had, for long space Of
time previously, separated himself from me as hus-
band Because at the time Of my so quitting and ab-
senting myself from the said bssuts habits ton, and
for long space of time before, the terms upon which
We were living and the relations ana mode OF s o.
and compelled, by the lbesnt's wrongful and unlaw-
full conduct toward me that even had LEFT his haoi-
such quitting and absenting myself therefrom would
not have been deserton within the true intent ana
meaning of the act Of Assembly. in such case made
and provided aor could it be alleged as ground OF
divorce.
said libellant so quit his habitation and absent
myself from it. and also his subsequent approval and
therein and also because his conduct to-
wards me- for long space Of time before quilted
and abss nted myself from his habitation was designed
and calculated and such as to force therefrom.
Third Because should have been justified, as
submit to the court without such assent, license
.ppsosa %gssf o% tho Ss.n
his cruel treatment Of me- and BY such personal an
offered to me him as my
And in support of these allegations, crave leave to
submit the following narrative : 1910
In the early part of the summer OF the year lS43,
we were living in the city of Philadephis, separate
and apart but in the same boarding house under a
furnishing me with certain separate maintenance;
which stxte Of separation crave leave to represent
neglect or violation of the duties of wife, but wholly
by the misconduct Of the beant, who for long time
wards me any ntme mt or sign Of copjugal affection
or personal respect. He neglected me- aosenSea MN
self from society left me alone ana other wise tes
and estra ngemens He subsequently, but stu i.ns
before the summer of is43, unequivocaly eynced the
tive great and habual unkindness, harshnes suge
and rude ness directly in language and acts and dis
prescribing rules Of life, and making exactons un
warranted By the laws Of the marriage relation or
/ long continued, however, devotedly attached t.
him, and earnestly desired and repeatedly manifested
the DESIRE to recover his affection and win back hi
regard. In order fully, and by means Of origna
memorials, to expose the nature OF my exertions an
the habtual suHerings of my life, annex hereto, ant
desire leave TO prove true and perfect copies marke
Exhibits A, B, & and ID, ofcertan letters addressed
me to him during the period referred to-
These appeals my part failed to produce an
effect, and his Indifference and unkinduess contnun
to be habitual, my happiness as wife was wholly de
stroyed.
roof we lived separate with general discentinusuc
of ali the intercourse OF husband and wife, and HI
treatme ut of me SUCH for length OF time, habit
ualIv that should have been warranted by the las
of God and the land, to depart wholly from his hous
and never see him more without ineurrng the chars
of desertion, or any other breach Of my duty:
Nevertheless, remained, and continued TO endure