The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1848-12-02
THE FANNY KEMBLE BUTLER DI.
VORCE CASE

The case of Pierce Butler, VS.. Frances Ann
Butler, libel for divorce, came up yesterday
before the Court OF Common Pleas. The libel
was hled by the husband, alleging willul deser-
ton by the wife from his habitation, persisted
in for more than two years. To this an answer,
covering many pages of paper, has been put in
by the respondent. The answer denies general,
ly the fact of wiltul and malicious deserton as
charged in the libel, and AYERS that she was
forced to Withdraw In consequence OF his unlaw-
full and wrongful conduct. 1t then AYERS that
her absence was with his knowledge and sub
sequent assent. And lastly, that his treatment
was cruel and rude, and such as 70 make lie
burdensome to her, and justified her in removing
from his house.
1t appears that the parties were married on the
7th of January, 1884, and have two children.
both girls, the eldest Of whom is now thirteen
years of age. The parties had lived unhappilv
together for some years previous to October,
1882, at which time they agreed to separate, as
tar as all the rights and duties of husband and
wife were concerned, though they still resided
under the same root, but in separate apartments
Mrs. B. was to have a separate maintenance of
$1,000 per year; the 'children's education to be
superintendent by the father, and the mother al
lowed to see them. They were placed under the
control Of a governess. Matters remained thus
until October, l843, when in consequence OF
painful rumors affecting her husband, she telt
that she had entirely lost the love which she
could never regain. OF the truth of those rumors
she had proof, but she spoke of them to her hus-
band and felt assured that there was no farther
hope of aiming his affection. She still remain.
ed in his house, hoping to be able TO preserve her
authority over her children and maintain toward
them a mothers care. She heard, however that
Mr. Butler was about taking means to remove
the children TO another house, and she wrote to
him asking TO have the privilege OF going with
them, proposing to bury the occurrences Of the
past in oblivion.
His answer proposed to allow her that privi-
lege on certain conditions, TO consider which he
gave her two days The conditions were so re-
pugnant to her feelings that she hesltated to ac-
cept hem until the two days had passed. but an
accident happening to one OF the children, which
she thought demanded mothers care she de-
termined TO accede to his conditions. She AYERS
that on this being communicated to him, he re.
fused TO accede to it, saying that the ''two days
having passed without her accepting the propo-
sltIon, she had ''abandoned'' her children Mat
| tiers remained thus until the children were re-
moved to the other house and the respondent
being denied the privilege OF going with them,
she ielt that there other course left to her
| than to remove TO a boarding house, which she
accordingly did in December.
While here the visits OF her children, which at
hrst were daily, became less frequent, and final
ly ceased altogether. Her allowance under the
| agreement oil separation, was irFegularly paid
ana she AYERS that every means was taken by the
father to prejudice her children against her.
| While boarding in Chestnut street. she receiy-
ed letter from her sister in England, in which
she was informed that Mr. Butler had written 10
her, and signi6ed his willingness to receive her
into the house again, on the same footing as be-
lore, II she would agree TO certain conditions
| She accordingly wrote to the Rev. w III. Fur.
ness on the subject, who wrote to Mr.. Butler
| Some correspondence ensued, and it was finally
| agreed by Mr. b. to receive her back provided
she agreed to certain conditions. which were re-
| duced to writing. These conditions were such as
she scruPled much at asserting to, but finally did
so. lhey were principally that she should alb.
saiu from any reference to the occurrences of the
| pas-that she should not speak OF Mr. Butler or
write concerning him or his affairs to any one
and particularly that she should have no inter.
course In word or action, with the sSedgwick
family" md would hencetorth be to them as Il
| they were entire strangers, and she had never
| known them. She was not TO hold intercon,so
with any person whom Mr.. b. disapproyed of.
ana II sne wished 10 withdraw from her agree
ments, was to give him notice.
!hese conditions she finally concluded to sion
ana on the I'd OF March, 1916, went to Mr.. But
,ers mouse, In Walnut street. She complains.
that, while there, the management of her chill
dren was gwen entirely to the goyerness-tbat
she was rarely allowed to see them and Tho,
when she did, it was evident that endeayors had
Deen MADE to estrange them from her. While
she was there, she received letter from Miss
oedg"lck, enclosed in an envelope from her hus.
oand' She was surprised at this, but interpret-
ed the circumst' nee into permission by him to
reao IT, winch she accordingly did, 1t proved
not 10 De with his PERMISSION however, for short.
| ~ alterward she received a letter from him
charging her with having violated the conditions
OF ner agreement, by receiving letter from
MISS Sedg wick. She replied that she had re.
celved 1t from him. He answered that abe sbonId
nave informed them of the agreement before she
A5ned lt-that they had meddled too much in NJ.
family affairs '" :" us
Inc letter received from Mr.. B. on this occa.
sion MRS. b. AYERS to have in terms ordered her
leave tne house, and would have been sniff
Slent Jusuhcation for her going. She remained
however, and the children were placed nnon ,ha
"Dariey farm" where she was forbid visit;no
.heM IN consequence of difficulty between
herseil and the governess, caused 6y renorts
against the latter in circulation ont al doors -
Ihese were charged by her and Mr.. B. 10 have
Oeen started by Mrs. Butler, but denied by her
nevertheless they aggravated her sufferinvs
anu served to make her feel wretched Mt
outstanding the prohibition of her husband an.
cohl'nued TO visit her children at the "Darlev
larm, until one day Mr., B cana thara IL