Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-03-05

NlApsN 80
vicious purposes. After she had pro-
cured money from sister for the pas
sage Mr., Burke Roche sent his wife and
one child to New York on a steamer,
keeping the twin babies, SO that through
them he could play upon the heart
strings of the mother and thus spur her
to greater energy in the procurement of
the coveted cash. He held the babies as
hostages until fully satisfied they would
not serve the purpose of further extort-
ing money from Mr. Work, he bundled
them up and with nurse brought them
to New York. Directly upon landing
in New York they went at once to Mr..
| Works home, where he sat the chill
dren down in the vestibule OF the
house and has never since seen them.
| Next day the Irish "aristocrat" called
upon Mr.. Work for business inter-
| view and never has he been there since,
nor has he seen his wife, although he
was in New York year or two later.
"Money money! was his demand"
continued Mr. Bayard, "and never was
a Shylock more bent on eXtorting money
than this man, when he stood in Frank
Works library" He sent his wife forth
| without penny, has never since con-
tributed farthing TO her support and
when he ascertained her father refused
to be further plundered ADAM
doned her. When he discovered
he couldn't use the woman and
child to extort more money he brought
her two babies as final stroke of das-
tardly financiering. He makes no
| charges, as there are none he can make,
while he has violated the marriage vow
trampled under foot every moral law
imposed by every country upon hus-
band and father.
In reply TO the insinuations that Mrs.
Roche had come to Delaware because of
facility in obtaining a divorce Mr.Bayard
stated that she had resided here more
than year before she had ever thought
of the separation. Not until she had
lived here year did she make any
effort to have the vows legally nullified,
and then in her distress did she consult
counsel, as to what could she do. Had
she been a man the same residence in
the State would have made her eligible
to the governorship, to Congress or any
elective office She would have been a
voter and have assisted in framing the
laws of the State. AS it is she is tax
payer, enumerated as citizen of the
State, joins her prayers with those of
her ncighbors in a church in which she
is a pew holder, and asks that peace,
mercy, law and justice may be obtained
in the State where by her own acts she
has practically demonstrated a purpose
Of making her permanent home. just
such case as this the laws of Delaware
is intended to relieve. There are other
states where divorces can be obtained us
easily and more so than in Delaware
and had her motive in changing her
residence been divorce she could as
readily have gone elsewhere.
1t was also brought out that an
attempt had been made to serve a per-
| sonal summons upon Mr.. Burke Roche,
but he had no house that could be found,
and the service was left with his mother,
at her home in England, ana undoubt-
eddy reached the respondent.
Mr.. Bayard explained the inability to
meet insinuations but a readiness to
have met every fact had any defence
been made, but it was like striking in
the dark to combat insinuations instead
Of definite charges. He hoped the court
in its decree would, which he was sure
the court in its wisdom and Justice
would grant, set forth the status of this
woman.
In discussing the lack of harmony
upon divorce laws existing in the sew
eral states, he expressed the hope that
an amendment to the Federal constitu-
ton or commissioners from the several
states would adjust the existing absence
of unity upon this one law, upon which
rests the morality and safety of the com
munity.
In the course of his argument Mr..
Bayard cited authorities to substantate
the claim that petitioner can seek d.
| vorce in the state of her habitation ire
spectiye of the place of residence of the
respondent or where the offence was
committed. The same law held where
the respondent was subject of another
nation. He also showed that respon-
dent could not shield himself behind
nor take advantage of his own offence
which in this case consisted of driving
his wife from his home and abandoning
her to the mercy of her friends. After
reviewing the points again and again
and emphasizing his inability to find a
flaw in the case or where the plaintiff
had failed to comply with every statu-
tory requirement Mr.. Bayard left the
case in the hands of the court.
| Court then adjourned until 10 O'Clock
Friday morning.
The habeas corpus case Of Samuel Gluch
was taken up as soon as court convened
on Friday. In obedience to the writ, sheriff
Simmons had Gluch in court, when
Michael Byrne, Esq, his counsel made q
motion to have the case reviewed by this
court. This was opposed by William $
Hilles, Esq, who appeared for John Pyle
who instituted the proceedings which
placed the defendant in jail. Mr.. IIilles
spoke about 40 minutes, and cited mum
her of authorities in support of his conten
ton, that the prisoner should be held tc
answer charge of attempting to dcfraud
his creditors.
the application for his discharge, and when
he closed the court refused to grant it and
the defendant was remanded to the custody
of the sheriff,
There was no further business trans
acted beyond hearing applications to sci
aside sheriil's sales and argument on rules
and motions.
At l o'clock court adjourned until 2.3C
III the afternoon.
As soon as court convened on Friday
afternoon, argument was heard on the
motion to set aside the sheriff's sale OF
the property of Michael Clancy, on
Maryland avenue near Sycamore street
II Inward appeared for Clancy and Ben
jamin Nields for the mortgage and pur-
chaser. 1t was claimed that the price was
inadequate, as the property only brought
$1,000, when it could be shown that
$3,500 had been offered for it, Mr.
Nields contended that the property
brought all 1t was worth, as there are
several mechanics liens against il, which
will have to be paid. Several witnesses
were examined and the court, after
! 1T, 4 ~