The south-western. [volume] (Shreveport, La.) 1852-1870, 1862-01-08

at times when the evidence shows they did not lodge
together at night That he should at those hours when
the family were usually up for the day and when she was
nightly and every night refusing to occupy the same bed
with him, and when, the evidence shows he and
she knew him to be = from his debaucheries,
have been in bed with her on one more occasions
IS not to say the least very strong evidence that she
those occasions received him her husband. 1t is
much more reasonable to suppose that she merely toe
rated his presence perhaps for the sake of appearances
lot which she seems to have been quite careful or to
avoid angry debate for convenience to enable him to
converse with her, might be becessary before she f
perhaps not entirely weD chose rise for the day.
Under the circumstances, this affords but slightly any
evidence OF cobabitaton, and as against wife, whose
Tears or sense OF dependence dread of alteration
or shame OF public scandal, may be supposed have
had on her the influence usually felt by sensitive deli
cate and honorable wives it seems to me to afford but
very slight evidence Of the intercourse the defendant
would have the court infer tue plaintiff permitted on
/ those occasions
The second mode Of proving the combination resorted
to by the detenuant is by admission made by plain
tiff $50 far words go, | have forgiven YOU" This
express limitation of the forgiveness to the use of words
excludes the idea Of any other forgiveness 1t mega
tVes the idea OF cohabltaton and indeed of any other
forgiveness than that of words 1t seems to exclude
the idea of restoration to former terms 1t suggests
quite strongly the Of the legal idea of coudona
ton, practical overlooking and sinking Of the oensc
and resumption Of life renion us if it had nevu.
occurred or bad in the notwithstanding of the term
been CondOncd The idea rather is have said it. but
have acted tI have forgiven but cannot overlook
il; and the rest Of the conversation the time the adj
mission made, shows that this forgiveness whatever
else 1t might have been, not condomation for she
was then in the very Of resisting overture for res
tOrati0n to full communion. When she said Il have
forgiven you far words concerned" she was
not only saving, but much more emphacaIy acting
refusal to resume former relations and treat him her
husband For her to have said, II forgive you with all
my heart, and hope God Will toi9 give YOU, but | can
never look upon treat youuS my husband would not
prove condonaton and this very nearly the effect
Of this evidence. Ali taken together and the magma
nimity and lottncss OF bearing which it exhibited are
quite consistent with the character of the plaintiff
is shown elsewhere by the evidence in the case. The
exercise OF christian spirit Of forgiveness Of the wrong
is not condonaton IN law, morris the magnauinty which
enables TO rise above the indulgence of spirit Of
faut-fnding and taunting anothcg WHO has done him
wrong.
But this evidence of combination, supposng it sui-
Gent III itself is very fully rcbucdb by the plaintiff She
shows by several Witnesses repeated declarations Of
defendant, that she would not overlook his deinqucn
ces; that She would forgive his oensc or be recon
ced to him; that all his efforts to this end had faed
that they had not cohabted for the whole time and that
when, from circumstances, they had been compelled to
occupy the room, she had uniformly refused to use
the bed and had scpton the sofa or lounge which
ever might be there.
These declarations, too were made by him under al
most every variety Of circumstances in almost every
frame OF mind-iu bis moments Of penitcnce and grief
III those OF anger and srtc and III eachof those cond
tons Of mind repeatedly made in the presence, as
well as absence, OF his wife the plaintiff sometimes to
his trends, sometimes tG strangers business acquan
ances, and when the condition of things between them
was tue theme OF grave deliberations and the basis of
important business arrangements one of which was the
breaking up and closing Of lis household and domestic
establishment which lie did avowedIy for this reason
Ihe flood OF evidence in rebuta OF this defense is over