New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-11-29
Tn. Fa,r, Krmble Butler Divorce Case

The case N Pierce Batter rs. Frances ann p.
ier libel for divorce came up yesterday .es ~ 49,
Court of Common Pleas lhe N.r- "a ~ 81.
A..l.rt ,r...-- Vffe' iescrdon hy the WI ifom -'
..si-.-., rers.s,ss in for more than TO years az
rtfs An answer covering many pages 90 fafei' -''
been gai ln ~ che reslo1drnt j ae 49,. .- a.
generally the isr; 81 el-l. ard malicious desei...-
CHARGED in TIRE libel s11 ayers that sle va GO
uifhirsR To- consequence OF bis unlaNia- an 49,
I'll conduct lt tlen AYERS mat lef A''eNss -, -.
-f. xrrr.e- fe and sl1se u-eui assent ana .A,t9 .
s treatment wss cruel and rude and suci - I'd tnAA'
te trrdsn.orne t1 hcr and justified her Boz removing
from bis home A-h
% srr-a-s that the parties were married IN me On
..f January l-.4 r1i have two children. aotl -f.''
Pm. e'i.st of whom now thirteen years Oh 80 -
The parties he'd liVf1 urlspqiy together .oI 49,
years previous 81 October. l-- 81 ~neh ,-int meg
red o. separate a. iar 81 g. the nights and duties ~
.lsrf and wife wee concerned. though tnef So
--..sed under the same roof but 10 separate aPsll
-,er-s Mrs. was 90 hlTe separate ms--i. AAlos ~
= .l ne- wear. the chi.irens educauon % pc super
i.- 4 8v me father and the mother allowed 70 see
rbar- They were uisced under tee control OF So,
erness Matters msincd thus rnul oct.'el, 80
when in consequence Ci painful rlmo'. a.''-.--- .
hr.hans she fet thaf she had entirely .ost tne 'o'c
r-..b sh. -.u|s never r.gsn OF the truta oi tao'e
rr0rs she nai no proof tut she spoke 40 tleh % gig
hu.1srd and ;et assured that there w's L1 iAi
hope oi re-sinug bis -uon me 81. ieu '., -
b. house rouug % be able to preserve lrf N-'-.lf
,.- her ID i-rr and maintain toward them m't-fi +.
care she neari however. thst Mr. hltei = = '-,-'
taxing means o. remove The children O. another mouse
\ =
going with them proposing % bury the occurrences Oh
the past in oblivion. .,
certain conditions. % consider which ne gave n'i
f.vs The conditions were 90 repusnant % ner ir'r
u- that she hestated 90 accept them untii me q"
t4vs had passed hlt accident happened 20 one 90
the children which she thought demanded al ii'-u
r care she determined 20 sccedc % his cpniluuh'
.b .vars ,bst IN this being communicated % him, be
refused % accede 90 IT, saying that the Two days nav
ng passed without her accepting the proposlAon. sue
had abandoned her children Matters feinHlheu WIS
yay until the chill reu re- removed o. me otnti Auus
d he respondent bel NJ denied the privilege OF soine
with them She e'i there was no other course iet :"
her than Co. remove O. boarding house "hicn 'h' a'
cordingy did 10 December. ...
were daily became less frequent and nnslly ceased
altogether Her allowance under the arrangement OF
separsi0n gIary paid snd she AYERS tna'
means were taken oy the iatur 20 ple'uulet "e' i
dren against her. 49,,
While boarding m Chesnut.t she received letter
from her sister n England ia which she was noi heu
that Mr. Butler had written 10 her, and 'i-niAeu ms
willingness % receive her 10 the house ags.n On lnt
same footing As before t she would agree 20 certain
conditions she accordingly wrote 20 he' 7" 3 uiues'
on the .ubiect who wrote o. Nj. Butler. some cor
re.poudeuce ensued. and 70 was nnaAy agreed ny 'ii
,o receive her back provided she agreed 20 certain
conditions, which were reduced 10 Wtluh- A"'s'
conditions we're such she scruped much AZ assvntn-
TO- bui huaiIy Old so. They were punclpaHy tnA' 'u.
should abstain from any reference 20 tue ntcu ltN
hs uas-that she should not speak oi Mr. Butler oi "r
concerning him or his affairs 90 any one-snd p1iu'
ary that che -houd have intercourse, IN wofa OF
action. with the Seissick family snd would hence.
forth be 20 them IS they we're entire Stranger and
she mad never known them. she was not 20 hod inter
course with any person whom Mr. y disapproved OF.
and d she wished 20 withdraw from hef agreement
to give him notice.
These conditions she hnally concluded % sign and
nn the 81 Ut March -f5 went % Mr. Butler mouse 90
Walnut = she com plains that. while there, the man
i-emcut OF her children was given entirely % tue gov
h. va lrt4IE
that when she did % evident that endeAvors h'd
been made o. estrange them from her W nile she was
there she received letter from Miss -edsNleA 'n
closed in envelOp from her husband me was s"i
ursed Al this hut interpreted the Circumstance INTO
permission by him % read it which she accordiney dd
10 proved not O. Dee with bis permission. however Tor
shortly afferssri -hr received letter from him cnsfs
M her with having violated the conditions Oh hei
agreement by receiving letter from Mise SedgWicS
She replied that she had received IL from MIN ne
answered that she should have informed them Of IN.
agreement before she signed itthat they na1 medu1u
too much IN bis family affairs
The letter received from Mr.. B. on this occasion
Mr. AYERS have DO terms ordered her 90 leave me
house and would have been sun lieut jusuhcatlpu
tor her going she remained however and tho chld
rem were placed upon the barley farm, where she
forbid visiting them in consequence OF dlihcuty
between herself and the g0verness caused by reports
against The latter circulation out OF doors lhese
were CHARGED by her and MIR b. TO have been started
by Mrs Butler but denied by her-uevcrtheless they
aggravated her suerugs and served % make her itt
Wrrfcnrd Notwithstanding the pfNhAutlNu Ni ufi HNr
band she continued 20 visit her children "a tue Darcy
farm until one day SIR b. there and threatened
to remove the children be would not allow them %
remain DO she visited there She returned % the city.
and remained tor some time 10 bis house. NOT seeing the
children affarWard-Nr Butler having eit the city To
consequence Of the house undergoing repairs. she
remained n the city until sept 1913 when, feeling tnst
nothing had been gained By her accedns 10 her hus'
bands condition. she sailed for England The
maintenance which 20 Dee paid her was furnished
very irregulary-so much That, In l-i ia order 70
supper, herself she forced 20 resort 20 the labor
lou. aud dstesteiul employment % Der youth.
To this answer exceptions have been taken u the
relevancy OF the facts forth and demurrer made 10
certain parts
Mr. Cadwalsder commenced the argument upon eN
cept0ns and demurrer His remarks were discurslFe'
and consequence Of his laying down no general prop
osu0ns 10 impossible 10 gain succnct idea Of the
grounds taken By the 1elant lie appeared 20 De- en-
deavorng % show that n peunsy lvania the law ia re-
gard divorce regulated by the eecesastca law OF
England and that forms of proceeding are assimi
atfd and governed hy the civil aud canon law.
Mr. Cadwalsder occupied the morning IN enforcing
the positions referred d., and 10 o'clock the Court
al burned until this morning.
Nr Butler was n Court but Mrs. Butler was not
she arrived ia the city yesterday and Is staying az the
Nashingto House.
The coun.e. engaged are Messrs John Cadwalader
and Hon Geo 81 Dallas i1r i1esnt and Messrs Benz
Gerhard VIM 81 Meredith and Hon. Rufus Ch0ats. oi
Massachusetts for 90 -p0ndcnt