The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-19
A Husband may not Coerce his VIE I'm Rhode

From the Providence Journal, AugTt 10
srrESxS CorRT WAFRxorox CorsIy. 1Htlss.sy, ArCrq-
II In state vs. uiipehast and four associates the rry
returned verdict OF guilty ast evening Tie tevrd
ants charged with assault and battery upon the
wife 81 TlinghAst committed 10 August 1885, under CIR
oumsances which suggested questions Of law Of Lite
interest 10 the welded that aroand OF no les. interest
Mrs r. was residing with her mother, having len her
brsbands place OF abode come weeks previously, viii
The determination q applying for divorce from LIN,
,akrg with her hor latest born lnaat few weeks old
ony but leaving with her hlsbana ttr three elder chit
dren. Under these circumstances Ellnghast I'll
eight o. be frienJs and Ocstes aud two Oac horse
wagons goes the house of the mother CT Ns where
7lingtast seeing his wife at open window said hs
bad come after the ,ssy, and must have IT,
Tie v fs replies, that lie has the three ollcr CHI
crtn, and she sbal retain TIE infant ard the-eapo-
closes tire winf0s, her mother simultaneously clos
ing and fasterpg by buuoniug tho outer door n the
house TInghsst, the, AZ the door, demands admission
and It's refusal lns the latch and forces open the door
and then either entering sc house. merely stepping
the threshold md rea hing In takes bs ws by the
arm leads - p1is Der Out o. aoors lwn her chg y
clothes. the wife bareheaded and with her and OF
BIS friends drives To the bouse OF biz brother about three
fourfhs Of mile distant The WIFE appears from her
testimony and that OF ter mother and other witnesses
resS n the extent Of her ABILITY hut s Lot hurt at all
treated kindly enough 1T The borse Of the brother ane
entertained un,l the morning when without orro-
son from any quarter. she returned With her child 70
her mo'hers. The testimony, furthermore, tendet TO
chow that tho associates o. II bgbass accom- panied tim
al LIS request lei the mothers house when III nrhas,
drove OF win his wife and reassertei At the brothers
before ~ Immediately after The arrival there o. TirnT
has, with bis captive siie and haby.
Attorney General Hart cnttnSs that these facts show
an assauit and battery on The psf, OF all Iiinshast
eay teaching the pcrsoa Of the asssed the others being
prcsen With The reni Of aiding IA the enterprise occs
Bake Tor dofendsnis maintains TIA, no violation n
aw proved on the part o. any one o. hs clients.
husband be conceded has not, IN this state rsh; 70
Cfenco be, be map vpof his children; bit has no
ContepGed right Of dsat0a and c0ntrol ~ 10 the resi-
and a. sceEssry incident Of this right may lawfnly
use rssousble measure Of physical force 20 RESTRAIN,
coercc and persuade bis better half 10 obey his com
mands conform 10 bis wishes. The evIdc6ce In this
case he arguct showed only exerci,e by Tllnghas,
Of Ribs marital rsht BY biu and q be bad done nothing
worthy o. supes surely his co doendtnts specta
tors according to the oofs must be held hlarneles
This defence the Attorney General gsllantly met with
rsrson Of NC Vas a. fully prot c,s ara Dst be- has
band against any third person in other words thu
ihose acts q man which wouli constitute assault
or battery, II done n or con sernng bis neighbours
vic or caueh,er would constitute 40 assault or bat
tery II done % or concerning bis own wife. THIS
be held TO be the law OF this state, In this
year A n, 1885 vhasever might haL been in cldcn
time, mas DOW BE- the law = pner couIiJiss or
sia,es 4 never ~ declared 70 - Aw ~ our ~.
should be. And f0r thus holding aud contcndng, the
htrrcd gentlemen presented considerations arguments
ond sugscstort, vhsh reporter Tor the columns q The
bound Al any expensc a labor, ard without regard 70
sIoee, 70 awe rs readers n e11snso.
Tho Jury we're charged by Chief Justice Ames, who
aone ss' al the trial The presented by tte proofs,
sod that only was urdertood 70 be covered by the prn
NP'ss ths V1tdrfvb Honor, inStutt
"a The Jury, that wfer as Ia this Gaze, has left
tie husband FOR such she thinks entities her 10
divorce under our statute AMI with a view TO applying
Tor divorce, the husband has tight 70 use auy force
10 control her influence her action which he
could not rghaGy use toward any ether lady in the
community and this no matter how CONNIE pdsbe may
be the purpose Of tho husband kindly his feelings.
And further that under lhe laws Of Rhode Island the
ffher NOT entitled 70 be stody, against lis mother
Of an infant nursing, was the child referred
10 IN this case.
Mr. Blake gave notice Of bis Intention TO excep, TO the
charge.