The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-27
A CELEBRATED CASE.
THE BURKE-RocHE DIVORCE CASE
BEFORE THE COURT.
The Evidence Taken by Commissioner
Cooper Rcad--sIr. Bayard Makes
Powerful Argument
An Appeal For an
Absolute Divorce.

When conrt convened at $50 O'Clock
yesterday afternoon, the divorce caso
OF Frances Roche VS.. James II. Roche
was taken up. The applicant was rep
resented by the Hon. Thomas Il.
Bayarl, Levi c. Bird, Esq, and II. H.
Wald, Esq.
Mr.. Bird presented the evidence
taken before the commissioner APP
pointed by the Court to hear the case,
and read Il TO the Court.
Lucy Hewitt testified that she was
present at Christ Church, New York,
when the parties were married. Their
married. life was very unhappy, and
some time after the wedding he took
Mrs. Roche TO England.
1t was learned by Mrs. Roche's peo.
pie that her husband had lnisappro-
prlated money. In December, 1885,
Mrs, Roche came TO this country. and
was followed by hor husband in March,
1857. Roche refused to support her,
and lised abusive language toward
her. Ho left tho children at the house
OF Mrs. Rpche's father, and did not.
even Inquire for his wife. He after
wards wrote to Mrs. Roche and asked
Tor un Interview. but did not come to
meet her. He never offered to tako
his wire or care for her, and In May,
lss1, Mrs. Roche came to live In this
siiS previous 10 which time she had
lived with her father In New York. Mr..
hoehe has not made any effort to sec
the children. or has he cared for them.
Iho evidence OF Frank Work, the
inther OF Mrs. Roche, was also read,
ami that Of several other witnesses,
all OF which tended TO show that the
husband, after securing all that he
could OF his wife's money, had de-
serted her and the children, leaving
them TO be supported and cared for by
her father.
The argument, on behalf of the ap-
phcaift, WIS made by the Hon. Thomas
+. Bayaid, Who cited the law bearing
on the case, and claimed that as the
wiie y now q resident and citizen of
this State the Superior Court, and il
alone, had the power to grant the di-
vorce. He opposed the claim that
mas been put forth that Mrs. Roche
cannot obtain Il divorce In this culln-
lfy, as her husbands domieile is In
England.
he cited several similar cases that
nave GeeM before the Supreme Court
OF the United States, in which IL was
ueeiued that II circumstances should
arise, which would cause the wife to
leave the domicile of her husband. she
conld establish her home where she
pleased, and that her application for
divorce Ia that State would lie perfect
" legal aiid come under the cogniz-
ahve OF the courts. He also contended
that where the husband resided in
another country or State, personal
service of the unit was not required
lv law. He claimed that In this case,
hOt,is imsl t:@ver provided for his
wlic the 6oani and support which he
as husband had promised her.
When at last his debts, contracted to
ieatt5ly lns vicious habits, had accumu-
lated 10 such All extent that even with
tho remittances which The wife re-
ceiYed from the father, and which he
wrung from his wife, he wns unable to
meet them; the baiiitIs came, seized
the iurnitura, aud turned her aud the
chiiureli IN the street; eAicted them in
tho streets uf london. Then he conl-
'sPoiAen the Vile 10 secure money enough
FROM her sister, Mrs Hewitt, to bring
her aud one OF the children To this
country, Tor the purpose OF eXturting
more money from her father. Not
only that but Tor the purpose OF Sc
curing her return with the money he
retained the Two youngest children,
twins, scarcely year old, In London.
he knew tlle mother loved these
childreil, and To kept them as strings
arOhlu her heart to cause her to take
another journey, of 5000 miles ucross
the oceah. to bring him more OF her
lhiharS money TO squunder in dissipa-
hon. But the father when lie heard
his daughters story, refused to allow
her 70 return, and when this man real
lAeu tlial MS schemes to eNtort money
bad proved futile lie brought these
tMO chlluren TO New York, anu open
ssf "a
house, placed them in the yestibule
and then lett, without over seeing or
even asking about the wife he had
promised before God and man to love.
CHERISH and protect. She has never
Boen his lace since the day lie placed
her and the child ON the steamship in
England.
hut this did not end it, and he perse-
cnted her in various ways, until at
last she came TO this city, three years
ago where she bought Il home, where
Sne pays taxes, Is communicant III
church, nlingles with the peoole and
hopes 70 nnd peace, Justice and mercy.
That she did not cume hero Tor the
sole purpose of obtaining a divorce, ia
shown by the fact that she resided
mere at least a year before she ever
sought legal ady.ce.
MIR. Bay ard made one of the most
powerful and convincing arguments
eyer delivered before the Court, and
closed ut d.45 o'clock with an appeal
that the decree of absolute divorce
should be granted.
lmmediatly after he took his sent
court adjourned until 10 o'clock this
morning.
1t takes loud baby to wake up a
sleeplns car; but il takes but little OF