The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-08
INc0MPATIBILITY OF TEMPER.

MRS. UNDERHILL's SUIT FOR A LIMITED Dr.
voRcE-THE STRANGE STORY OF HER TRoU.
BLEs. tr + rf#
suit for limited divorce presenting some features
rather novel IN this class OF litigation has been
brought In the Supreme Court by Mary L. UnderhilI
against Der husband Franklin Underhill The com.
plant and answer aud counter aIldavits submitted
toJudge Lawrence on an Application for almony and
counsel feo present decidedly curious divergence OF
alleged facts Both parties are still young having
been only seven years married, be being clcrk ia
this city at the time OF the marriage position ne
still hods-and she being teacher Of music at Sing
sng-a vocation she has boon obliged TO resume since
the com u encement OF this cult. The story on both
Sides though long spun out tho papers, is capable
OF being briefly told X,
THE wIPR's STORY.
She bases her suit upon a charge Of cruelty ATTIC,
reciting the mont Of their life at
Sing Sing and giving narrative Of matrimonial
expSroncoe ~ St Isnis, whore they resided about
year. shc comes back TO sho old homestesA whence
they started on their matrimonial journey, two chill.
drcn in the interim having been born TO them, only
OF whom, however, Is now living. Sho charges
that he continually Tratod her by his behavior and
mode OF speaking TO her; that he accused her OF Inn
proper caro- OF tho children, and one occasion
pushed her into chair She says that he was al.
continually sullen; had habit Of staring her
IN such to brighten her. and told her
tina. he s.could tho very devil in her eycs. An
Other charge she brings IS that Ne treated
her father and sisters with disrespcct. and wheG
her sisters called upon them would slam the door
their she tells how he kept scolding late
THE HUSBANDS Story
Tho defendant puts q pretty strong general
niai. Hc admits occasional sulcnncss ana Irritating
remarks but says both were tho result OF momcnary
passion. He then makes summary OF counter
sho has neglected and refused TO hvs
has thwsriea his wishes. opposed his plans. squan
dcred his substance, despsed his authority rejected
his society, refused MIN her own and has neglected
and been cruel to their olsprns.n Hc s,ys That ON
hor account no gave up lucrative position in 81.
Louis anu back TO Sing Sing, and the whole
trouble has been because She would not leave nor
home there and come aud 1.-Two with him IN this city.
ne says iursh ,sl that she insisted on bring
did moot his approval ami engendered bitterness
between them TINS heroic method" as he states ~
walls aud never rocking or soothing them when they
cried, but put them bed on the floor ana lea
them 1t out, besides at times whipping them aud
locking them In dark closets. Being clerk this
city, he went every night to Sing Sing; but on his
rival homo he says, 'snis wio thore meet
him, but ne always had TO eat his supper aona
nna spend his evenings in tho Same manner, while
streets or gossiping." he adds that whenever he
was bold enough to differ with her any matter she
was accustomed 10 tell him 10 shut up aud mind his
business she would do she pleased: she did
not care for linn, shc did not love HIM and couldn't
the minister and could not help it, ana If he did
behave she would leave him and 60 homo TO hor
father.
THE SEPARATION.
detailed recital Is gwen OF tho incidents OF the
separation. According to hts story It was bitterly
cold night and after war OF words she insisted
taking tho children and going to her fathers. Hs
finally persuaded her 10 remain In tho house
night whilc he took the and caino to New York,
where ho has lived over since, she still remaining
with her athcr. Following the separation, a. APP
pears by aMdavits OF various persons, in
GLIDING the Row. Do Loo Lul, pastor OF tho
Methodist Episcopal church in Sing Sing, OF which
they members, efforts were made to effect
a reconciliation, but without avail The Rev. Mr. Lull
says that he pictured to her the s'baneful influence
upon tho Church and the cause Of religion" but II
produced good eioct. Her fathcr, Mr. Ebenezer
Fowler takes sides with hts daughter and confirms
hcr story.
YIN. LETTERS OF EHrREATY.
Succeeding the separation the defendant says he
wrote repeated letters TO hts vile asking como
vido her with comfortable home. She paid no atlcn-
ton 10 these beseecnng opises and he finally
her commanding her TO come, which mandate she
treated with ike contemptuous disregard. These
letters all embodied In the papers, with their
mingled expressions Of poty present curious phas6
OF matrimonial lie.
JUDGE LAwREycE's DECISION.
Considerable limo gwen evidently by Judge
Lawrence to wade through the mass Of papers sub
any amony and counsel fee. A perusai Of tho afda-
Wis IN the case, he says, leads him to entertain
serious doubts TO whether the plaintiff Will ulli.
matey succeed In tho action aud oil the authorities
10 the effect that alimony and counsel ice would
not DO allowed IN such q case, denies the motion.