The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-29
The Fanny KembIe Divorce Case.

PHILADELPHIA, Tuesday, Nov 2S 1913
At the opening Of the SQUIRT this morning Mr. Cad
walader counsel for the libeant, INDUCED himself
with fling at the reporters OF the city papers Who
were so mystfed by the learned argument OF the day
before as not to be able to make head tail Of It, Mr.
C. said that he would endeavor to make himself UNDER
stood to the court if the reporters did
to every person present. as it was undoubted fact
that not only the reporters but the entire audience Of
the day before and sagey believed the ITSELF
were altogether ignorant Of what the learned counsel
was driving at
There some little pleasant conversation on tho
subject, and the junior judge amused himself with q
relation Of some anonymous rsmaing in the pro-
fundity Of his experience, where reporter had
tually made Q mistake in the report of case.
This little matter being settled, Mr. Cadwslsdsr
proceeded with his argument which, thanks to the
hints Of tie reporters, somewhat more lucid than
upon the previous day Mr. Csdwalsder is undoubt-
edy n profound lawyer, and perfect gentleman He
allows himself occasionally, nevertheless to range
little beyond the record and though his language IL
good, and his sentences perfect 1t is sometimes din
cult to discover their relevancy to the subject he 10
trying to elucdate. To day, however he interest,"
ing and held the large and understanding audience in
profound attention, by an able sound and eloquent
argument.
Mr.. CApwALApER started, by laying down Is the
proposition he would enforce, that neither party to
marital contract had q right to determine the
sstion Of the marital duties and that the wife was
bound to remain under the roof Of her husband aud
be obedient to his orders and control Agreements
for ceDjuga separation disregarded In the eccesi
astica courts, when under hand and seal. Even
if the parties separate pursuant to valid agreement
and there provision for the support Of the wife,
point may here arise to the operation Of the
act of thu husband in bestowing on his
wife during or after desertion The English House Of
Lords will not give divorce where the husband Is
willing to maintain the wife, and she deserts habi
tatioD The case Of Manly Scott, cited in several
English quoted to enforce the position that
wife, once having wrongfuy left her husband, he
not bound to take her back, although she
offered to returns the law is otherwise If he turned her
away himself "lf woman leave her husband with
out cause let her live charity stsrve for her
wilfulness," says another sage Of the law. In the
band take back his wife, although she had been
guilty of adultery. This has been altered BY the
tried in this State Of qualified forfeiture by the aot
Of 1885, by which in certain cases the husband was
obliged to receive back the wife upon her penitence
Un this lady resorted to the profession OF her youth,
MIR. Buffers allowance such sufficient,
der the circumstance and 1t was not until she had
The condition Of his allowances was that she should
not resume the profession, and II properly ceased
when the took that step which she knew to be for
he act Of the husband In bestowing maintenance
upon his wife after during deserton But tho nus
virtue Of the WIFE Where is the protection TO the
virtue Of female who lives separate and apart from
her husband, without maintenance Mr.. Csawa,sosr
continued still further citing many cases 70 lustraee
his remarks and his position Before COM
mencing what might be considered more properly ~
appc Of the facts to the exceptions OF the an
sver MIR g. said that il was due Mrs Butler to say
that IL was his belief that all this difficulty might have
been prevented IL she had been Influenced by in
iuSicans sympathy. Confdants are sought, and
eagerly sought for, when talented and interesting
female dissatisfied with her copjrgal relations If she
does not find ready ear when she conhdss her griefs
to one she will oonfde them to another Then every
little circumstance is wrought up into phantom
cruelty The petty OF years ara trea-
sur.d up, and worked into one grevous wrong. say
that there has been Ill advice somewhere say that
there had not been bad advice these circumstances
would not have occurred. Therews' no intention on
the part Of my client to aggrsvate hsr eonor
tion; she found herself in relation In which
she thought herself unhappy simply from incom-
atbiity; for in this form the proceeding - before
the court. Now what we're the circumstances OF the
wi.e's departure3 What are the ctrcumstsnees OF
cruelty which are spread through this answer We
will End that the after all Is case in WHOM no
an can put his finger any thing which Is tangible.
and SEINE of the avsrments OF which require third
p,russl to comprehend. What IA II In effect Why,
that unless she have things In her own way, sh"
will not be sathded at all grant that she has ac-
con pile bme nts powerfully inviting TO sympathy hss
very letters were preserved, copies Kept ana sho~n
p,rhrps, TO sympathetic friends Now, said hr u,
will rad pass age from pen stronger than NINE 70
show the danger Of trusting to the po-ttca
wttere when they are concerned in business matters
lie then read from book the title OF which ne d'a