, 1868-08-21

her heart and happiness 10 other hands. comes
into court to seek redress, and to tell of VOWS
broken and happiness blghted This branch OF
the case may be dismissed with the reflection
thatthe improprieties, as detailed by the witness,
are never followed by the happiest consequences /;
are always dangerous, and often fatal. with the
best ofus the cords ofVrue are so brittle that the
only security we have that they NAV not snap is
their exemption from tension. Thera NAV be
other cases of virtue triumphant under tempts-
ton, but the only authenticated one that sur,
gests itself just now is furnished in the history
of Joseph.
Just what constitutes legal cruelty, IL a oues-
ton somewhat al sea, and the views expressed
by the courts are various the courts generally
being more disposed to state what facts and cir.
cumstanees do not constitute cruelty, than to Law
down any Affirmative definition. In the case of
Evans vs.. Evans, 1870, which is the leading an,
thority on this subject, Lord Stowell announced
the doctrine that only bodily hurt or the reason.
able apprehension oft, constituted cruelty. and
that no amount Of mental anguish inflicted was
alone suthcient to constitute cruelty, and such
may be considered the prevailing rule in Eng.
land. While on Continental Europe. and
probably in Scotland, mental sufferings and dan
gers equally with physical are held to constitute
cruelty. In our own courts the authorities are
conflicting, probably most of the courts follow
ing the rule as announced by Lord Stowell, while
many OF our highest courts have accepted more
liberal, and what would seem more rational and
consistent views. Such are the views expressed
BY the Courts in Louisiana, Texas, Indiana and
Pennsylvsnia, not to mention others 1t was held
In Louisiana, that ia series of studied vexations
and proToeations on the part of the husband,
without ever resorting to personal violence,
might constitute that degree Of legal cruelty
and outrage which would form just grounds for
separation from bed and board" The Supreme
n pnh RwrIw
clifton OF the wife intolerable and her life bur-
densome, it is not necessary there should be
blows or cruel End barbarous infiction of bat.
teries that endanger her life." The same Court
declared that all treatment which proceeds
avoWedly from hatred, revenge and spite, and
which renders even the hours devoted TO repose
hours of weeping and distress, must render wo.
mans condition iutolerabe and her life burden,
some. II was announced in a late Indiana
case, that any conduct which produces perpet.
ual social sorrow may be classed as cruel and
entitle the sufferer to relief" The weight of
authority is perhaps still with Lord Stowell, and
yet authority on this subject is probably yielding
to reason, and the doctrine on this, as on eyery
other branch of law, will be enduring iu pro,
portion as it may rspose on reasoning solid and
satisfactory. The most rational and consistent
view OF this question would seem to be about
tnls Ihat while the perpetuation of the race is
purpose that mainly and more directly operates
upon parties is their own happiness, and that.
therefore, whenever either party intentionally
ana Wilfully and persistently pursues a course
OF treatment toward the other, whether by the
lnnicuon OF blows or mental anguish, that rens
ders happiness unattainable and impossible
making all the waters life bitter and existence
ouruen-then such conduct is legal cruelty,
anu 'ne injured party has right to escape from
n
aqspicious surroundings. We NAV readily com
ceive OF course of treatment of a husband to-
ward vile, where no blows are inflicted. and
winch would yet lay burden on her too heavy
10 De oorne, and we may conceive of case
~hers a husband in the paroxysms of passion
may at long intervals strike his wife, and vet
their general life may be so much filed nm with
sunsnlIe and love that such a wife may lead a
happy life. II it be conceded that a divorce
should be granted for cruelty only on the gronnJ
OF OodlIy harm, 1t is yet true that harm ensues
to the body quite as surely and effectualIy from
mental suffering as from blows The mind and
oody have no separate and independent existen-
ces, OUT are In constant attrtion, and from their
lnseperaole connexion are ever acting and react
ing on each other, and so the diseased body
casts It's shadow on the mind, and toe mind ever
Wtung with anguish destroys health and saps
lie. The reason assigned for refusing divorce
for mental suffering that "the court has no scale
of sensibilities by which it can guage the ouaus
tum of injury done and felt" is more plausible
than satisfactory. There is the same scale
whether In the case of blows or mental suffer-
ings; the court in either case would require the
causes of complaint to be grave and weighty,
would allow very much to the imperfections and
ralltles OF nature, and would determine the
bounds within which decree would be refused
and beyond which it would be granted.
In the LIGHT of these v;aus q,
the plaintiff entitled to divorce on the ground
oil cruelty The various expostulatons of the
wlte threats of the defendant that she should
leave the crying at nights her wish that she
was light enough to be held on his lap her
declaration that she did not know she had to
divide her love with others her declaration that
MS manner toward her was desperate, such as
ne mad e1hieited to her during the trial, and
much more, arises from the testimony, and from
all the showing am compelled to hold that, to
remand her to the care and custody of her hus~
oand would be cruelty, and that she is entitled
10 decree on this charge. This whole case is
said to be the coinage OF the plaintiffs brain,
and this suit instituted to rob the defendant of
his property, but after turning the case over and
over IN my mind, am unable to look at it in
that light. Doubtless, 10 the state existing be-
tween the parties, the wife may have done some
acts culpable, but the train of circumstances
that caused these acts, was not of her laying,
and the net pot OF her spreading. In the inyes>
tlgaton Of truth, and particularly in cases of this
character, we have often to grope our way in
darkness, and to End the truth as best we may
or can, and so often we reach conclusions wide
of justice. In this case, for reasons not neces-
sary to state, have been particularly anxious To
look at the whole case justly and discreetly, and
while the conclusions reached may be unjust to
the one party or the other, yet after much de.
liberation have not been able to make any other
disposition OF the case that would commend Il.
self to my most considerate judgment. II the
wife is entitled to divorce, she IS entitled to
suitable provision out of the means of the defend
ant, and shall decree that the property now in
her hand be hers, and that the defendant nav
her IN addition, the sum of four hundred dollars
and her attorneys fees, aud all costs in this case
GooD News EoR OVERLAND TRAVEL.
IERs.-It is stated by the Cheyenne Leader
that the Union Pacific Railroad Companv is
about erecting hotels, ranging in cost from
fifteen to fifty thousand dollars, at CHEYENNE,
Laramie n