New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-26


''Ty ~ wife hes deserted me without cs1se. ne De,
a. sti1o arose from he own uDgOvernso's oeshes.
I .,;,,en nyoof ~ ber errors. appeal to the
;,s.ce Of the Legislature for tul ard fair hearing
n the complaint be within tae y1fis1iclon Oh tle
CouIts Of Jas.ce re.Rtcgay osS.sia . ~
~ a., nniriy 10 the case until have been heard
car ,S,iFy an tribunal Of the uDia sfn passion which
bss pro1optsd the application, aid WHICH has Deem
nat sined By bad sdVssrs. ,,
HORACE B. FAY.
subseq1entIy Mr.. Fry prepared ano.ter petition in
TIE petition Of Horsce b. Fry, Of the City Of Phil
.delpha, stock and exchange broker, resPec:alyre-
pIes.rts that be has learned from the pubic papers
that HE wife ElDy L. Fry late Grigg. has presented
petition TO your Honorable body, eskrg for divorce
from the bonds Of Ins'nmony Eith hin. -.
he has not and has certain kno Wedge OF the
cOrteufs OF the petition.
re0;pg copy Of said petition and accompanying pa
peIs any 70 DE furnshei % bin sod, a'o tlss he
msy be allowed the opportunity OF spPe5tng sei Re
ssii,g sad application, and o. defending hidissh HOn
he cbayges preferred against tir.
lie also respectfully aks such further CIDER ana P'o-
lection in the matter ss may be coRssten, Tit' I@'ce
Since this Isst petition Mr.. Fry has prepared
sro or az more oircn ns.sutisi one whih hs, oeso
printed for the use OF the members oi the Divorce
C0nHi ice.
MT. ~. y. FRY's RESPONSE.
To n. Honorable rss S,7ate HoS,s Rs,-aeHa.i'''
me Con- zSnpsalA Gf Penasbi5aHia!
The answer Of Horace b. Fry Of tie City OF fniia
dephia TO the petition of his wife, Emily j. Try, o.
SAID city, praying tor divorce IRON tne OolIs y. 49,
Ills respondent respectfully e1ceps 20 The jurisdic
or o. the Legislature over the subject mater o. Tie
resaid petition Tae Constitution If the Common
wealth provides "tLst the Legislature shall not have
power to enact laws sunnlng The contract OF mar
"rage in any case where, BY law, the Courts OF tals
Con moDWealth are or mey hereafter De hPoWssiSl
& dtuor - he
State hiss decided that where the ea1se .or which
divorce granted by the Lsgislstare were W!t1n
the jurisdiction Of the courts tie act OF Assembly vas
void TIE ae ged in the petition OF Mrs Try,
for which Legislative lnteTposton is dtmsn1ed, are,
true ra,teIs Of personal abuse and slc5 as IN their
nature tend 70 render the condition Of wife iniolera-
bic srd LIE buiceusOme. The r1th or islsty OF these
obarg. is matter 10 be determined solely by court
and inry Of the county where the petitioner and re
epoI dent both live; and TO which tlonnai, therefore,
the gned ssks that be aud bis wife Gsy be re-
feIItd for determination Of the fscte "a Dispute ac'
cOTdirg 10 the law OF the land.
This exc pton to the jurisdiction Of your honorable
body liz made uDGer the advice Of cOuosel. Regard,
bo.tveT, to the immediate protection o. bis oHl rep
ptaiion reqares that he should set forth bis answer
to the petition Of his wife for divorce which ne does
follows:
Nv answer 10 that petition must be tFo-fod: First,
10 review the charges msde against me; secondly, to
set forth my wiies conduct bO n tie day ot our
marriage 10 that Of her dssertion Of me- Ih.s PIE
fer TO do in my own words.
Of August lssr. She young and beautiful, with
presence demanding DO drafts upon father WealIn
10 assure NY preference, wbia was based upon
single snd honest affection. From my boyhood, my
support an independence had been the fruit OF NY
own labor; ard at the age Of tVeLty eight, WAsn
had found ore Who, as wife, would Ds Ike me happy
bore knew that 10 my owu reasonable wants or de-
stree, or those Of any modest woman my means aod
business quite GO lal. T1is - ny reply II the
assertions that l nsoltsd my wife by declaring hsd
uaue5 for the fortune which sue might at best pOss
b crit but "
does not now postess. No saggesti)D even, to tgst
effect passed my bps, directly or Indirectly;
much ess in the form Of rude taunt winch she aVers
used.
We we're married at noon, and left Philadelphia 10
the sfer1oon train for New York. IL IS not true that
found fault with the quantity OF 10Y VILE baggage
at the wharf that Of any ore OF the paryi mh;n
less IL true that at her, at any one about
il; and still less ia it probable even that four
hours husband in the fret fash OF my welded happi
ness would forget, from such trivial circumstance
all that seemed 10 constitute il. IL is equally uotrue
that when in NeTYOrk, and about 10 start for West
Point repeeJ her with angry language because s1e
demonstrated about my writing letter Oar CONVEX
sa,ioD st the time was that Of pleasantly only, ana
neither felt ooted other than perfect good tenn
pes. Non Old mice .bo cara 10 onnsN4nA'"e Of my
Visiting 10 write. On the contrary we we're az the
csrs AZ AIT quarter of hour before the time, AMI
we're prevented from going because our porter took
orr baggage by NJ take TO another place. Ills ms
take, which csuse us 70 tom back and remain in
New.YoIk another day Tritated me, and expressed
my dsspprObatiOn account OF n, aud may have
censured the porter warmly for IT. but with my wife
connected with the matter found no faol, ar
had no occasion. believe, or the contrary that sac
was quite as much vexed as myself Win the cOnes-
queIce of the mans blunter.
As REGARDS whatever is alleged Of my frequent
coarse violert language or behavior TO my VIE,
when ht West Point havs only TO resist her a9s@r.
tone .y my simple denial. On one occasion, aod one
only, when her public con ]uct, tending TO bring her
character as a wife AMI a woman into question, had
passed al tee bounds of husbands toleralon ! re-
mopsrsted with her 10 earnest terms and while was
COZ scOus, the one hand, OF my devoted love Tor
her, and on the other stnug TO the heart and ca
sspersted by her cruel Indifference; wheo, with these
bitter truths, this unmert.d wrong preyng on my
mTd and narrowing my feelings, ebe ate nptsd TO
PALATE her gross niseonduct by telling NE tast
wished TO deprive her o. eUy pleasure tuen, aad taen
oDy lost my patience at her temerty ami t4sehOod,
and e1press myself doubt not, as the sudden pas
sion prompted. But II was the excitement OF mo-
ment; ard atural was the cause, regretted that
any amount If injury insult shoul1 have betrayed
me into az OffeLelVe reproacb and promptly begged
Der pardon; and she expressed herself entirely saCs-
fed wth the apology. l sish il borne in nind tha.
this aeknOwlec gment ot The ony instance 10 my al
dIess tO my siie which gives any color whatever 10
her accusations, was the cOIseqlence-wholy and
solely the cooseQ uenceof her persistent violations Of
proper department. aggravated by heartlsss msrepIe-
ebtatiOns. My words not, she pTeterds, the
OF her misconduct in any seDse but her msc1n.
duet WAS the cause Of ny words. ,elt and kuew and
every body the spot was witness Tat had been
devoted to her Treasures, systematically kint aud col-
sderste ard iDdnlg eutas the sequel proved too ,n-
dngeLt TO her unoecoming propensites. That ever
threw her from chair, threw anything az her,
ever laid finger upon her except in tenderness, Is
utterly untrue. That j ever threatened her Lie or
person in aIy Mariner directly or by Inference s also
utterly unirue That | mentioned pistol 80 her,
much less attempted " find one 10 my trunk, ever
pointed one at her. is slso utterly untrge. not only
had DO pistol at West Ptiut but never owned one,
have had possession Of one there elsewhere, IN