The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-04-20
THE CARPENTER CASE.

county last week. Thts IS of course
due to the political prominence of the
plaintiff, and is suiaiGieat We think to
Justify ws in presenting in full the
opinion OF his honor Judge Talcott, in
rendering his decision. Tine opinion
was deliveted cXteInpGre and our
thanks are doe Mr. A. c. Boyle, for a
copy ofit>
"0pinioa OF the court in the case OF
John c. Carpentry vs.. Eliza Carpen-
ter, in the district court of Neosho
cowRty, April 18th, 1853:
~ am very well satisfied in my own
! mind as to the question or decision
, that ought to be rendered by the court;
but by way of preface to that decision,
fe.I constrained to say that the trial
of this case has been very embarrass.
ing to me. In the first place, | became
acquainted with Colonel Carpenter in
1868, and for fifteen years have
known and been very Intimately nc.
quainted with him, He is a man of a
generous nature and a kind DISPOSE
ton; gentleman In every respect,
and one who would be the last to in
flict am indignity upon a lady or n wO-
man of q genteel character. 1t is true
he has been ambitious. The political
history of the State shows that he has
been man of ambition; and that that
ambition has been an honorable one,
because of the fact that his friends
and associates have, OH numerous oc-
casions, caused him to occupy honora-
bic positions.
"On the other hand, my acquaint-
| a 1afa nf in
this case, has been of the most favora-
BILE character. She appears to be a lady
of wealth, refinement and education; q
lady whom 1t would seem almost i'm.
possible to charge with crime or with
doing wrong to any person. The
evidence indicates that, at the time of
the marriage, these parties were of ma.
ture age; the one little exceeding,
and the other almost reaching, the for
tvs. They must have understood the
obligations entered into. 1t was known
before the marriage contract was
entered into by the defendant in this
case that these parties, against whom
she seems to allege most of her com.
plant, were true friends to the plant.
iff in this case the evidence indicates
that they watched over him and cared
for him like brothers and sisters dur.
ing severe and protracted illness
that Colonel Carpenter informed her,
when he was expecting to take her tC
| himself as his wife, of this fact; that
she fully understood it before they en-
tered into the marital contract; that
she was perfectly willing, if not desir-
Gus that their home should be made
with these bosom warm friends of Col
onel Carpenter; the wife understood
that their home, or boarding place, at
least during the time that Colonel Car
penter was called to Leavenworth tn
fill the place of a government official,
was to be with these people.
at does seem to ME from the evil
dence in this case, that the defendant
for some reason, imagined, and, am
inclined to think from the evidence,
formed the notion in her mind that
Colonel Carpenter and the lady with
whom he was boarding, Mrs Mitchell,
were too friendly to suit her, and am
inclined to think that aroused pre-
disposition to feeling Ofjealousy; and
that midgets, i'm her mind, were mag
nified into Januses and that the lit
tie kindnesses and attentions shown
by Colonel Carpenter to Mrs. Mitchell,
she attributed to improper motives
and although she testified on sever.
al occasions during the trial that
she has no such idea; and her testimo-
ny entirely exonerates Colonel Carpen.
ter from any criminal intimacy with
Mrs. Mitchell ii seems to ME, not.
withstanding the intelligence and re.
finement of this lady, such will some.
times arouse predisposition to jeal.
Ousy that cannot be controlled, aud
which has such magnifying effect up.
on the mind as to destroy it almost,
upon matters of that kind. I think,
spurred to desperation, as one governed
by feelings of that kind often Is, which
we frequently notice in divorce cases
and which her own admission, indi.
cate, ] think from the evidence, she
was inclined to indite these anony.
nous communications for the purpose
of breaking up the intimacy between
Colonel Carpenter and Mrs. Mitchell,
as she admitted to one. I think it was
this force of jealousy that induced her
for the moment to do so; though per-
haps not intending to do so, she was sc
pressed by the power of jealousy that
| sic Ctulo hOO L du
to think, and think that the testimO-
ny shows, that she must have been
the authoress of those communications
1t is true she denies it, and one would
rather think she was lady inoompe-
tent to tell falshOod upon the wit
ness stand she seems to be too much
of lady to do that; but the hurthen
of proof seems to be to the effect that
she must have been the authoress OF
those communications her own testi-
mony, her own admissions and the
manner in which she acted upon be-
| ing informed of them, almost all sup
mort the proposition have spoken of.
at is sad that the court will be COM
PEELED to pass upon this question as to
whether she wrote those cOmmunica-
tions or as to whether some one else
did; il is indeed sad to have to pass
upon these marital relations and break
up the contract between parties es-
pecially where they are SO well known,
that every body knows them, and, SO
far as / know, knows them only to love
them; / say il is an embarrassing
matter to have to pass upon ques-
ton of this kind: but it is a duty that
cannot be avoided, one that has to be
met and passed upon; and in doing so
must, under all the circumstances Of
the case, grant the petition in the case,
and give the plaintiff decree Of di-
vOrce."
LECTURE TO LADIES.
Mr.. Editor If you will allow me