Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1865-11-02
The Boyd Case.
Reu. Samuel Boyd
Adry ID. Bovd.

This case was tried in the Court Of Com.
mon Pleas of Belmont County, Ohio, Octo-
Der Term, 1865, occupying the greater part
of October 20 and night session, all of
October 81, with night session, in taking
testimony-and ell Monday, October %,
with night session, in the arguments of
counsel and delivering the spiaiou of the
Court.
Judge McIlvaine presided Swaney and
Chambers fer plaintiff, Cowen, Sr., and
Hoge for defendant.
The parties were married December "a,
1857 separated August Is, 1864 OF three
children, the fruits of this marriage, one
enly survived, boy, about six years old.
The parties were both born in Ireland
educated and intelligent They were both
members Of the Presbyterian Church, Mr..
Boyd being q preacher. Both have for
many years been engaged in teaching.
Mr. Boyd had three daughters and one
son by former wife, and one step son, at
the time of their marriage all single, and
members Of his family then and since
This suit was commenced January 25,
1865. by Petition of Mr. Boyd. He asked
for divorce, assigning for causes Ist. Ex-
treme cruelty. ID Gross neglect of duty.
Mrs. Boyd answered and denied these
charges and all specifications in the petition
Of misconduct.
In her cross-petition Mrs. Boyd asked
alimony and the custody Of the boy. She
stated for cause separation in consequence
of illtreatment by Mr.. Boyd, AL
The testimony on behalf of Mr.. Boyd was
mainly from two of his daughters, step
SON, son Of afornler wife, and sister in
law-sister of his former wife. The four
former were members Of his family during
the time he lived with his wife. The latter
came with Mr.. Boyd from Ireland on visit,
and was in his family as visitor from june
10, 1864, until the eparation-August lS,
lS64-and has continued there ever since
These witnesses were friendly to Mr. Boyd,
and unfriendly to Mrs. Boyd.
The testimony on behalf of Mrs. Boyd
was mainly from weman who lived with
and kept house for Mr.. Boyd about five
years after tho death of his first wife and
before his intermarrisge with the defendant,
from a girl who lived with the parties as a
help about one year while they lived to-
gether, from neighbors who were acqus inted
in the family, from clereymaa as to
ctdtohouio VI MT. DUyu utiGTo IT6SDy-
terry, and in letter of Mr.. Boyd to Mrs.
Boyd, September 6, 1854, after the separa-
| ton
The case was fully argued, and, especially
! on the part of the plaintiff, at great length.
| Sy the Court the most material parts oil
| tho eviderHe were reviewsd with care, and
the law ee the ease stated and commented
upou with great ability.
| All the questions raised by the petition
of Mr.. Boyd and the cross.petition of Mrs
Boyd were decided 10 favor of Mrs. Boyd.
1t was ordered that Mrs Boyd have the
custody of the boy, and, including former
allowances, that she have $2450 alimony
The eldest daughterof Mr.. Boyd testified
that Mrs. Boyd advised her to 20 to Ireland
without the consent and contrary to tht
wishes of her father Mrs. Boyd denie'
this. as
Beside this. 40 witness testified to the ut
terance by Mrs. Boyd. during the sever
years she lived with Mr.. Boyd, and tn,
fourteen months since she left him. of on,
word unbecoming wife, mother, or |
Christian woman.
This statement think due to Mrs. Boy
from the writer Of this, who heard and care
fully considered all the evidence in the case