St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1885-12-17
COUNTY COURT.

mas Glo SympdCHy OI d Wluo ClrClo Vi
friends and acq uaintance.
COUNTY COURT.
The Doying Divorce Trial.
The divorce case of Charles E. and
Martha A. Doying has proved of more
than ordinary interest, partly because
of the peculiar aff1iction and trial
through which the parties have pass
ed, they having buried five of their
seven children, in about one years
time. After the last child died, in the
fall of '84, the parties separated and
each brought suit for divorce, both
suits being on the ground of intolerable
severity. The trial began Monday af-
ternoon and closed Wednesday after
noon. The contest was mainly for the
custody of the two living children
girls of some IL and three. After a
long and patient hearing of the case,
Judge Ross and Associate Judges
George and Hovey retired and con-
suited for few moments when Judge
Ross gave the verdict, dismissing Mr..
Doying's bill and granting Mrs. Doy-
ing's petition, with the custody of both
children given to the mother. The
equity of redemption in the property
Ia small place northeast of Paddock
village) is to be placed in the hands of
trustee for the support and education
of the two children during their mi
nority, and if any property remains
when they arrive at their majority it
ing the decision Judge Ross said sub
stantially as follows: The court is
agreed that Mrs. DOying is entitled to
a divorce on the ground of intOlerable
severity. 1t finds that Mr.. Doying has
adopted the common law idea that
when a man and woman are married
they are one, and that the man is that
"One." The respondent seems perme-
ated with this idea as is evidenced by
his conduct all through his married
life. The tenor of modern law recOg
with greater rights, especially in the
matter of the homestead, about which
much of the trouble between these
parties has arisen. The conduct of
Mr.. DOying during the sickness and
death of the last children was intoler-
able. He substantially attributes the
death of these children to his wife
when she had shown all a mothers af-
lection and devotion. His conduct in
pressing a separation the day after the
funeral of the last child and the feel
ing he displayed at that time are I'M
justifiable, and the filings and insinua-
tiOns toward the mother in his letters
to the child Maude since their separa-
ton are without excuse.
In determining who shall have the
custody of the children, the court takes
into consideration the best good of the
children. They are of an age when
they especially need a mothers care
and training. The father has no home
and if he is given their custody they
would most likely be cared for in the
main by strangers. In giving the
mother the custody of the children it
is not contemplated to debar the father
from seeing them at proper times, on
proper occasions and fer legitimate
purposes.
The case was conducted for Mr..
Doying by Judge Thompson of Iras-
burg and for Mrs. DOying by Bates &
May of this place.
The case of Shasteny VS. Farmers
Mutual Fire ms. Co. was continued
Thursday and sent to the jury Friday.
A verdict was returned for plaintiff
who was rendered $1O75.42.
The state VS. Gibson HENDERSON of
Peacham came up the next, the charge
being for cruelty to animals, Kenner-
son having, it was said, cruely beaten
a horse. Defendant was acquitted.
State vs. Nehemiah Clifford of Wal
den was up Friday. The charge was
for burglary and larceny and resulted
in verdict against the defendant, who
must stand the costs and was sentenc-
ed to two years hard labor in the
house of correction.
The state VS. Mrs. Sulham of Dan
vile came up Saturday. Mrs. Sui
kan was charged with having COM
mitted adultery with Henry S. Wiley.
Wiley had had hearing once and
was bound up to appear at this court
He skipped to Canada but was allured
back to this side of the line and is now
resting in the Jail. Mrs. Sulham was
acquitted.
Ruiter, who was sentenced to 81
days in the house of correction last
week, and who, it was talked, was te
be sent alone to Rutland, still reposei