The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-02

our commonwealth. The defendants character 40
gentleman and oiiicer Is irreproacnable and Is un
Counsel explained the statements averred by tho
plantifs counsel in relation to defendants conduct
during the European tour OF Mrs. Lawton, and pro-
In some OF her letters she speaks or having de-
ightlul apartments TO which she would not he
ashamed to invite queen or an emperor The
whole correspondence shows that these partes en-
,ortalned the strongest affection for each other dur
ss,a .nelr separation Miss Lawton. the defendants
II n, was with the planif much OF the time In
t and she corroborates letters to tho COM
hrninnr situation OF the PLAINTIFF while there. Her
aiIo, NothlnR has been or can be shown Of unkind-
ness up 10 this time.
s.ayeu ~ SeW YORK few weeks, visiting ms rela-
yves, anu saed Tor Europe to meet his WIFE, notify
London She wrote to him where to 90 and what ~
see IN tue great cry, and after remaining there
time no cause Tor divorce il shown ~ W y'ss
had been done before was forgotten. n AWNING h"n
renee OF Court What cruelty have inev snvn
all their previous lfeY Nothing. After tins WY -
do they proyei One single rude ana impatient re.
the hall OF the hotel In five minutes. but had kent
him waiting more than an hour. Upon her coming
that she had been with her friends His reply WAS
"D-n your friends:' This Is all that has been pro-
ven and nothing else has been attempted. A Mr..
Upton he refused to allow his wife ana CHILD
to accompany him on the tour. The Court
win remember this IS the same woman
band anu not to meet him in Rome according 10 her
promise. There was no hardship IN his refusal to
made the tour OF Germany twice before her husband
came and travel was fatguing to her II Ii fair to
infer that she dd not wish to co. But she agreed to
meet ner husband In Rome and accompany him on
his travels rom that point. This u all that Ia
shown No continued cruel treatment Is proved.
and you cannot infer It in the absence or evidence.
She did not meet her husband according to her
promise, but violated her word and went to her
father in the United States. This was an act OF de-
har
husband any notice OF her intention. Since that
tune she has never offered TO return to him to live
with him. This entities him to divorce on hts
cross bill.
But there is motive disclosed for all this which
years OF European life had alienated her affections
from her husband. She had possibly met some
friends In Europe VINO were IsurpIng aer husbands
was her friend, as she said in her letters, and her
watchiul sister thought she detected inger-
OCCASION She said In Paris she did care to
conabit with her husband any longer. She had lost
Tese things
to take Mrs. Uptons advice and leave her husband.
she was the affectonate wife she 10 claimed to De
she would not have acted thus. There is nothing to
warrant that his affections for her were ever
changed until he found her changed wife IN
Europe.
come now to the question as to the custody q
this child The Court will use It's sound discretion.
Let her keep the little GIRL but let 1t be kept that
this father and his friends shall have to at
all times. The cruellest thing IN all her conduct IL
the persistence wth'which she has refused him for
Ovel year all access to his little daughter During
its tender years let her stay with her mother and
while you charge the father with her support anu
mainfenance give him the privilege OF seeing her as
often as he likes. He desires that your Honor shall
make q liberal provision, ut his expense, for the
maintenance ana education OF the child. AS TO the
question Of an allowance TO the wife, II she IL In
fault, II she has wilfuy deserted her husband. she
is not entitled TO alImOny. General Harrison will
follow for the defence.
General Harrison spoke for nearly three hours.
concluding his argument at O'Clock. Senator Hen
bricks said he had wished to continue the discussion
at once, but the hour was late he would ask the
Court to adjourn till morning.
The Court then adjourned.