The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-05
THE COURTS.
The Old Story Of Marriage,
Cruelty and Divorce.
MARSHALL JEWELL SAYS SOMETHING.
Important Decision in the Case
OF the 'Longshoremen.
A POLICEMANS DISPUTED PLACE

Domestic troubles of every description have OF late
kept the courts continually busy The latest IN the
almost nterminable list of this of is the
suit for limited divorce brought by Belle heharas
against her husband, Charles Il. Richards which de-
velops some rather interesting facts The case came
before Judge Sanford yesterday an order to show
cause and an application to continue a temporary
Injunction against the defendant restraining nun
IRON Interfering with the children issue OF the mar
riage and also for order giving their CUSTODY 10
Mrs. Richards, the petitioner Mrs Richards IN her
petition states the only issue OF the marriage Is
boy named Charles, five years OF age, ana boy
named Arthur eighteen months ola, VINO arc
now in The JOINT custody Of herself and
husband. She states, however, that her
husband refuses to allow the children to remain with
her, and she believes he to remove them to
some place where she cannot them. she alleges,
further that he is proper person 10 take charge
of the children, that he is nemp erate and abusive
spendthrt ana without any visible means OF support
neither he any OF his family are citzehs o. the
An aflIdayit made by Charles Alton states that he
is perse naIly acquainted with Mr. Richards; that IN
the month OF May, 1876, he was boarding IA Tue same
house with the parties at Red Bank, \. . tnnt enc
day while in paror OF the boarding house. ne heard
u NOISE OF scuiing and struggling IN an apartment on
the floor above, and Fastening TO the front OF te
staircase he heard his name called by ioua anu
female voice, which he recognized as tha OF
plaintiff. lie went TO TIER apartment, where
the ROOM with her infant, then about SIX months Old,
III arms, while the deienannt was standing oy ms
face flushed. his manner violent aud excited. The
plaintiff crying, and when she saw dcponent cried
out that the defendant had been beating her ana her
child, and called opponents attention 70 crimson
mark the infants lace. Tho defendant cxcitediy
paced floor SAID he wanted no interference ana
could manage his family us he chose Mr. Alien lur-
ther that. lille boarding at the paintins house
In West Fifty third street, In January last another
violent scene took place OF similar nature, ana ne
nterward noticed black ard blue swelling on the
plaintiffs forehead which she said the elect OF
blow inflicted by husband. Tho parties alterward
moved TO another number the same street, and on
The day of moving eldest boy of the parties came
running tc deponent and told him 10 come right over,
that .papa was beating mamma He went
over and found the plaintiff tears and the Two chill
dren screaming, and when he asked Mrs kcnards
what was the matter she said her husband mad oeen
beating her Mr.. Allen also alleges that Richards is
man Of ungovernabe temper aud addicted TO drink,
and that he is in the habit OF applying opprobrlous
names to his wife.
Joseph Moss, a music teacher and resident OF Eliza
BETH says he has known the plaintiff for twenty years
and lived in the house with the parties that
the husband would seize upon any prctext 70 create
dissension. He says that Mrs. Richards is q lady OF
refinement and educatlon having been carefully edu-
Gated at Ipswich Female Seminary, near Boston, Mass
md has numerous and influential friends. He says,
further that she good wife and mother and averse
Julia Q. Bell makes an affidavit setting up similar
acts OF cruelty.
Ex-Posuaster General Marshall Jewell makes the
following aiidavit:-"M Marshal Jewell, beng duly
sworn, says, my Is Marshall Jewell; hityone
years age, by occupation manufacturer and reside
In the city OF Hartford, State aforesaid have known
Mrs. Belle Richards the plaintiff in the above emitted
suit well for more than fifteen years having been her
guest when she Miss Baxter, and she mine often,
both before and since her marriage. know her 10 be
most amiabie, iorbearing ana long suffering lady,
possessing even temper and exCelent good senss.
bworn, &c. MARSHALL JEWELL
The paiutia also makes affidavit in which she
she has been Obliged to mortgage some OF
her separate property order to support The De-
fendant and her cnidren that she Is afraid the de-
1endant-who is a citizen oil Great Britanintends 10
remove the children Canada hey ond the seas,
and for this reason shc prays the immediate restrain
gwen above. Judge Sanford yesterday awarded the
custody OF the children to the petitioner
PUBLIC POLICY LONGSHORE.
There appeared in the HERALD few days since
report of the facts argument in proceeding
tuted by Mr. Matthew p Brcen on behalf of two men,
bers OF the 'Longshoremen's Union Protective Assoc
cation, No. 2, OF New York. compel the officers to
accept and recognize them members In good stand
Ing. II claimed on behalf that they had been
expelled Tor violating a resolution OF the society
prohibiting the members from working for less than
forty cents an hour pain Of cxpulson that their
trial and sentence not only irregular and void but
that the resolution which the basis OF IL itself
void, as being INST public policy. THIS ls the first
time that the proposition that snch resolution IN
relation to liking rate OF wages aud imposing
penalty Tor Its violation has been squarcly met
ny decision, and the present decision OF
Judge Barrett that point Will be regarded
interest by members OF all trade unions and
socialions similar TO the made party these
proceedings In relation to IL the Judge, after dis
posing oil other points, says:-"The question, there
lore, one OF law the validity oil the bylaw.
The corpofatio organized its certificate indi-
Gates, Tor benevolent purposes, and THIS bylaw pro-
Libs any Of lis members, under penalty OF inc, sus-
pension cxpulsioJ IRON working Tor less than iory
cents per hour. Such bylaw OF such corporation
IS unreasonable ana oppressive IL IS contrary To pub
lie policy. Ii limits mans right to earn MS liveli-
hood IN bis own proper way. For conduct which is
neither inherently wrong subversive oil benev
oent or charitable purpose subjects the membcr 10
Acknowledgement ana depriyes HIM oil his right
TO the benevolent Offices Of the corporation"
The Judge further finds 1t to be unconradicted that
the secretary of the had refused TO accept
dues IRON the expelled members the defendants aIIeg-
Ing his act TO be uhorzed. On this point he says
"From this admittedly illegal action OF the secretary
has resulted the presidents refusal 10 treat the realor
rs a member permit HIM TO vote. To ask the
member who has been thus wronged TO sue Tor rem
statement indicates gross msconception OF the true
position OF the respective parties" The Judge con-
cludes By directing mandamus 10 issue in each
To compel the reinstatement OF the expelled members
and also imposing costs on the respondents.
APPOINTED OR NOT?
A..