The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-06-03
n Melancholy Case Of Domestic xneon.
OBSERVATION-DISCLOSURES arssa Toucllinr
VPanfon from Chancellor WooHrey.

1t more than usual prominence. I'hc on;n;o,,
Is peculiar, too. 1t has few or mono Of tbn
ory oid phrases common TO the cdicts NJ
courts, ana Is comparatively novel niece of
WORK. embraces oil the facts in tho case
and we give it here entire VIZ s''''
LOUISVILLE cHAScERY COURT.
Lucy Gray
William NJ. Gray. mandlng to rules.
MS case exposes and illustrates the jrdi-
siat error IN granting divorces for trivial
or underlined causes. -'''
Al the first reading of ,hc vc,,,m;nono ,o
cord j thought that, contrary TO NV idea Of
Glhlcai rules and civil policy. | should be
lorccu L" separate two people who had
agreed 10 live together Ivy every bond that
" sanctioned by all laws which men obey.
An earnest and able appeal in the written
aFSulncnt by the young and worthy counsel
Tor The defendant induced 4 second reading
NJ The record, and the case Is altogether diff
'ercnt from that which l thought IT was. /
see it now.
In March 1896 a marriage was sclemnlzed
between two Young people OF GOOD stand
me- in social life. The husband was phy-
>i'Eih, h"t more than TWENTY-FIVE wears old.
ana commanded IN unusually large practice
Tor one OF that age.
lie WAS remarkable Cor his industry, thrift,
generosity, and religious habits
Inc young counsel who has defended him
80 ably IN this case was his school-mate, and
| lay much stress upon his earnest state
lncnt that the defendant was manly fellow
while at school.
The respected minister of the church of
which the defendant was member de-
clarcS that he was and is IL gentle Christian,
and Il good citizen.
SIX or eight witnesses Of undOubted cha
racter testify fully to the excellence of the
defendant as man, and to his Just conduct
aS husband. Looking at him simply
through the testimony of his witnesses, he
not only does not deserve q shameful decree
divorcing him from the wife whom he saws
he still loves, but he is an example for many
husbands to follow.
The plaintiff was young girl not more
than twenty years Of age. Her father was
gentleman in social rank, and possessing
a comfortable estate of seventy-five Or one
hundred thousand dollars. She received
al excellent education, and all her witnesses
(not less than ten) describe her as gentle,
tender, and loving.
The two young people married. worthy
then, and with n future which seemed pro-
pitiouS. The husband had the consent of
his family, and the wife more than the APP
probation of hers, for her brother took an
active part to secure the alliance.
They had but one child; that lived long
enough for the father and mother to see
their images reflected from common OBJ
jcct of mingled love.
Scarcely two years had passed before the
wife filed her bill in this court, charging
that her husband was cruel and inhuman,
and praying that the bonds by which they
were united might he broken forever.
The husband answered, and declared that
he always loved his wife, and that he could
not be cruel to her.
Her witnesses. not less than ten in num-
her. prove that he was cruel, inhuman, and
mean, and that she was faithful suffering,
patient, and tender.
His witnesses. almost rs numerous, prove
that he was atectionatc. attentive, labOri-
Gus, and loving his wife above all things !;
and that she was Il petulcnt, quarrclsomc,
and insupportablc tcrmagant.
Two Of them 20 so far as to say that she
waved a white handkerchief from her Win
dow to allure young men on the street.
How is this?
The answer is easy. The husband was
not cruel and inhuman. The wife was not
prtulrnt and quarrcIsomc; and the story of
hcwhite handkerchief should not have been
toisted by family passion into the record,
because it is false.
Ildl lllcNt TWO ifUIit l'ttii ''lioNti ~ NV X
and love together they would still be faith
full u the vows ther offered, which received
Il sanction higher than that given by human
law.
All her witnesses whc prove anythin" arc
her family, her physician, her family friends,
or the enemies Of her husbands family.
All OF his arc Of exactly the same charac-
fer.
Each family seemed to think it was its
right and duty TO govern and control pialn-
tilt and defendant. or to make them hate
each other and then separate, ! never
knew two stronger swcarcrs than The brother
Of the plaintiff and the brother OF the de-
PENDANT.
The tribes became hostile, and these two
people, so young. and so bound hy every
| lining TO make man and woman love each
other, h.cama The objects which were used
to crafty family rivalry, hate, and spite.
/ And now, without crime, but merely mis-
! guided, with affections withcrcd, vows
! broken, and the future blarkcncd, | am
! invoked to perperuatc this shame, ana lcl
| the man 60 marry another woman, ana lci
/ the woman 20 marry another man, L VIII
| not DO it,
And ! have not given the only reason.
! The civil law is supreme on this bench.
! If the Chancellor believe i'll other laws
which conflict with and are superior to the
; civil law, he must abandon his opinions or
his place. This is place solely for human
| Justice according to human law.
But if discretion be alloWcd-and i'll cases
of divorce the Chancellor has large dlscrc-
tion--thcn all laws can be consulted which
elevate makind and advance moral ciNlilZa'
| ton. Under such circumstances WnaC nc
thinks becomes the law of the case. nave
nv views, and, not now wholly tettcrcd by
merely human statutes, VIII enforce lleln
| to the honor of society.
throughout the civilized world great tenl'
nIcs have been erected and conSccrated tc
the enforcement Of 4 creed which declares
that there are other laws besides human
which govern the sacred contract OF mar
| riapc. If / were to declare that creed TO dc
true. | should 90 beyond my business
Were ] to deny that it is true, should De
| unfit for this place. But many wiser ano
| better than | believe it. and must be care
full lest / offend law higher than that aa
ministcrcd in this court, and usurp J'iris'
diction higher than mine. Better 10 dc
careful in tearing asSllnder Donds WHICH
| NAV be suablc elsewhere.
70 dismiss this suit might not he right
The proper course to take IS to leave
This is the spring, and if they will go to
the crave of their dead child they will tlnd
flowers there and flowers suggest forgive
ness and love. They may yet obllterate
from the past all that was painful, ana oD'
tajn from the future all that was 50 brlghtls
promised.
Let the case go to rules.
r. ". WooLLEY, Chancellor pro TEN.
Sv.II-Pox.-There are said to be nearly
one hundred smallpox cases AT Inc hoSl' an'