Delaware State journal and statesman., 1869-06-08
tFrom tie louisville courier-Journall
A Melancholy Case Of Domestic Incor-
geniality.

The Divorce case of Lucy Gray gS. VIM.
NJ. Gray, III the Chancery Court, has excited
considerable comment in consequence OF
some of ta peculiar features, and the opin-
ION rendered by Chancellor Woolley has
given ii mole than usual prominence. The
opinion is peculiar, too. 1t has few or none
OF the dry old phrases common to the ediets
OF courts, ana is comparatively novel piece
OF work. L embraces all the facts in the
case, and We give it here entire
syLLE COURT.
Lucy Sray opinion and order fsmandlng
William NJ Gray to the rules,
This case exposes nd illustrates the Judi.
! eial error In granting divorces loi trivial or
l-uudeiineA ratVsss.
! AT the arst reading OF the voluminous rec
ord, / thought that, contrary 10 my idea of
= ethical rules and civil policy, l should be
forced 10 separate two people who had
e agreed 10 live together by every bond that
is sanctioned by all laws which men obey.
G An earnest and able appeal In the written
3 argument by the young and worthy counsel
Q for the defendant induced second reading
u of the record, and the case is altogether dil-
b fereni from that winch thought it was. /
q see il now.
y In March, 1866 marriage was solemn
u lied between two young people Of good
G standing IN social lie. The husband was
y physician, not more than twenty-five years
q old, and commanded an unusually large
a practice for one of that age
6 He was remarkable for his industry, thrift
e generosity and religious habits.
The young counsel, who has defended
IS him so ably in this case, was his school-mate
c and lay much stress upon his earnest state
ment that the defendant was manly fellow
while at school.
The respected minister of the church OF
which the defendant was member declares
|. that he was and is gentle Christian, and
good citizen.
. Six or eight witnesses of undoubted char
= acter testify fully 10 the excellence of the de-
u lendant as a man, and to his just conduct as
:, Il husband. Looking at him simply through
n the testimony of his witnesses, he not only
20 does not deserve shameful decree divorc-
- ing him from the wife whom he says he still
y loves, but he is an example for many hus-
II | bands to follow.
T. The plaintiff was a yo ing girl not more
~ than twenty years OF age Her father was a
~ gentleman in social rank, and possessing
~, comfortable estate of seventy five or one
y, hundred thousand dollars. She received an
- excellent education, and all her witnesses,
~ ~ not less than ten, describe her as gentle,
I'a tender and loving.
nd The two young people married, worthy
~ ~, then, and with future which seemed pro-
lu H., pitlous. The husband had the consent of
o., an his family, and the vile more than the ap-
~ probation oil hers, for her brother took an
~, active part to secure the alliance.
"a They had but one child, that lived long
hs images reflected from common object OF
mingled love.
H., Scarcely two years had passed before the
wy Wy vile filed her bill in this court, charging
II that her husband was cruel and inhuman,
la la and praying that the bonds by which they
@ ieu were united might be broken forever.
peI The husband answered aud declared that
slus iiis silln anss tisst ne couio
~ -, not be cruel to her.
% %oos Her witnesses, not less than ten IN num-
I,or Itof lo al ~
~ ~ mean, aud that she was faithful suffering
@ NJ | patient aud tender.
80 His witnesses, almost as numerous, prove
- that he was aiiecionate, attentive, labOriou'
Nd and loving his wife above all things; and tina
'u,u @ she was petulent, quarrelsome, and insup
~, ~, portable termagant.
~ Two of them go SO fsr as to say that sh
LIN, waved white handkerchief from her win
I'M. dow to allure young men on the street.
i,us How Is this ?
uiv, unv The answer is easy. The husband wa
~ not cruel and lnhuman. The wife was no
NJ petuent or quarrelsome, and the story Of th
aIiv white handkerchief should not have bee
sanI ioisted by family passion into the record be
la la cause it is false.
NY nv Had these two people been allowed to liy
ippSi and love together they would still be faith
, re- full to the vows they offered, which receive
ma u sanction higher than that given by huma
'unH ~ law.
, d1p 1po All her witnesses who prove anything al
ai q her family, her physician, her family friend
oas, ~, or the enemies OF her husbands family.
ffan's All of his are of exactly the same charac
JeS.5 Ja,5 ter.
Ios, Each family seemed TO think it was II
~ nj right and duty TO govern and control plain
10 ha iii and defendant, or TO make them hat
each other and then separate. / never kne'
two stronger swearers than the brother ,
the plaintiff and the brother of the defend
Lost ant,
The tribes became hostile, and these tW
people, so young, and SO bound by eveI
Al in thing to make man and women love eaC
II the other, became the objects which were usl
rk to to gratiiy family rivalry, hate, and spite.
md if ANA now, without crime, but merely mi
nd at guided, with affections wlthered, vows br
" the ken, and the future blackened, l am invok
here to peTpetuate this shame, and let the man
girl, marry another woman, and let the wom
+. and go marry another man. l will not do 1t.
Who is And have not given the only reason.
t with The civil law is supreme on this bench.
or the the Chancellor believe in other laws whi
chool; conflict with, and are superior to,
ly one civil law, he must abandon his opinions
me to his place. This is place solely for hum
public justice according 10 human law.
with But ii discretion be allowed-and in ca
es the of divorce the Chancellor has large disc
tn her tion-then all laws can be consulted VIII
r, see, elevate mankind and advance moral cvl
at the zaton-under such circumstances what
e well thinks becomes the law Of the case. hi
re she merely human statutes, l will enforce th
of the TO the honor of society.
ne had Throughout the civilized world great Il
street, pies have been erected and consecratod
It was the enforcement Of creed which decli
,ol1 did that there are other laws besides huI
give it which govern the sacred contract of n
mans riage. Ii l were to declare that creed Il
ut that true, should go beyond my business. "
onest a / to deny that il is true, should be unh
her, we this place. But many wiser and better
fore we / believe it, and j must be careful lest
shrank lend Il law higher than that administers
ain and this court, aud usurp a jurisdiction hil
e cried, than mine. Better to be careful in tea
tealing, asunder bonds which may be suabe
| taught where.
To dismiss this suit might not be ri
rephedi The proper course to take is to leave q
r should pgaiteRtiG.
Of it till This is the spring, and il they will g
can give the grave of their dead child they Will
So the flowers there, and flowers suggest torg
ears old, ness and love. They may yet obliie
home to from the past all that was painful, ana
,apers it tain from the future all that was so brig
tlar had promised.
itored it. Let the case go to the Rules.
of chill, X. w. WooILEY, Chan. pro te
H. would
a large ~. n, .,.,,,,,, =, ,U,,,c,, rtorsr 70