The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-15
THE QUEENS PROCTOR.
An Official Whose Intervening May Bring
Trouble to Dixie and Others.

st. Louis Globe Democrat.
Should it be true that the Queens proctor is
about to intervene in the unsavory Dilke-Craw-
ford divorce case, it seems probable that a mess
of nastiness will be spread before the world which
can only be comparable TO the disgusting dis
closures which gained for the Pail Mall Gazette
such unpleasant notoriety few months ago. In
this regard it may be interesting to explain what
ls meant by s'the Queens proctor Intervening
Prior to 1857 all the law jurisdictions of matters
concerning marriage and divorce confined to
the ecclesiastical courts and, consequently, under
the control of the canon law, which has always
regarded the rights of women as being summed
up in the phrase, absolute obedience to the
husband" 1t is true that occasionally Parla-
| ment exercised powers which it had arrogated to
itself of annulling marriages, but these powers
were never exercised except on the petition of
the man, and their invocation was SO costly that
all but the richest were practically debarred
from relief, no matter how grave the provoca-
ton.
In 1857 an act was passed creating a new court,
of which Sir Cresswell Cresswell was the first
judge, which had exclusive jurisdiction of mat
tiers of both probate and divorce. Under this
act, proceedings for divorce were rendered Access
sible to all persons of moderate means, and an
attempt was made to eoualize the standing of
men and women before the law This latter at
tempt was however, only partially successful.
The power of the clergy in Parliament was still
too great to make the equalization perfect, and it
is still the law of England that while the one
great OuenS6 against the marriage ODHgALlOn Is
sufficient If proved, to bring relief to the plaintiff
husband. it must, If committed by the latter,
have been accompanied by acts of cruelty to give
the wife similar standing in court In framing
the law careful provisions were also made, first,
to enable an injured husband to obtain salve
for his wounded honor in the shape of damages
against the seducer Of his wife, the correspond
ent; and, second, to prevent the obtaining of a
decree of divorce through the collision of the
principals to the action. There is no provision
%as,x
matter how wealthy may be the woman who
has wronged her.
In order to prevent collision OF defeat it, if it
has been successful up to certain point all
original DEGREES OF divorce made nsi, that is,
the decree is issued with the understanding that
it will become absolute leaving both parties free
to marry again, unless (nisi) within g certain
time cause shall have been shown for its re-
versal or dissolution. At every divorce trial
the Queens proctor is present to watch the pro-
ceedings. He is there to see that the rights of
the crown, which are supposed to be concerned
in every such action, are properly guarded. The
proctor, or procurator, is expected to review all
the testimony and to carefully serutinize every
possibility OF collusive action as between any of
the parties TO the action. If he be satisfied that
the suit has been brought and defended in good
faith; or that, in the absence of defense no de-
Tense was possible if within the prescribed
term no valid complaint against the good faith
of the parties be made, his inaction gives
sent and the decree is made absolute Conversely
if collision or bad faith be made TO appear or if
there seem to be reasonable grounds for the be-
lief that such may be made to appear on a more
searching investigation, he then ntervenes on
behalf of the crown and the trial commences
anew, when such other testimony as the proctor
may possess or he may compel others to dis
close is heard. The Queens proctor intervenes
in only very small percentage of the cases tried,
but when he does it generally means mischief of
a very serious character all concerned Sir
Charles Dixie. Mr. Crawford, Mrs. Crawford
and Mrs. Crawford's mother would seem to have
good reason now for praying that her Majestys
law officer may mercifully sleep on his trust for
awhile.