Los Angeles herald., 1892-09-26
OBNOXIOUS DIVORCE LAWS,
Their Secrecy Invites Fraud
and Perjury.
One Case Where Such We're Resorted
To Exposed.
The Story of "a Miserable Rascal Who
Was Afraid to Lose Property
Not His Own-Reme-
dies Suggested.

The papers throughout the state have
had considerable to cay of late respect
ing the divorce laws of California and
the enforced mystery surrounding such
cases. The statute SO protects seekers
for the dissolution of matrimonial bonds
that frauds of all kinds-perjury even
are made as easy as possible, and. from
the private nature of the cases, offend
ers are never brought to book.
A case tried last year before Judge
Smith, in department one, is good
case in point. A fellow who lives in
Los Angeles had forced his wife to lead
a life of shame, taking away all her
earnings as quick as she had any money.
This he invested in real property,
every square inch of which was placed
in his own name. His slave had
nothing, and was treated with system
attic cruelty. When che could stand this
BEINGS robbery and ill-ussge no longer,
she left him surreptitiously one night
and went east.
The brlte, when he found that his
gold mine, as he called the wife whom
he had prostituted for money, had left
him, was very anxious to obtain pos sses-
sion of her. and would fain have en-
listed the official services of the police
to that end, but had to content himself
with such ofiicious aid as he could OBJ
tain. The result was not favorable. The
wife was gone, and would not return.
The husband cared nothing about the
woman for the woman's sake. He had
everything that rightfully belonged to
her, but he was somewhat afraid that
she might cue him for an accounting of
the realty invested in his name, which
after all, upon good proof, would have
been shown to be held by him in trust
for her.
He consulted lawyer, who advised
him to get divorce. But here was the
rub. The wife had been gone but short
time, and the statutory time for di-
yorce on the ground OF desertion is one
year. The fellow, who is as ignorant a
specimen of humanity as can we'll be
found, believed that an absolute divorce,
if granted to him, would also settle the
property rights in his favor, and that
his wife would have no further claim
upon him.
The lawyer was we'll aware that di-
counting, but he wanted a fee, and
wisely kept silent. But an immediate
divorce was what the would-be plaintiff
wanted, and how to get that was the
great question. After some tall think
ing, the wretch got his attorney to draw
up papers charging his wife-the poor
woman whom he had thrown as pas
ture to the whole world for considera-
tion-with adultery.
The man who was charged with part
nership in the crime against this fellows
"honor" was somebody who, being then
far away, might be with impunity thus
accused, the secrecy imposed by statute
upon divorce causes, making discovery
of the allegations nearly impossible.
So the papers were drawn up and filed
with the county clerk, and henceforth
they were as if buried. The crime was
alleged to have been committed on a
certain date, but long before that date
the alleged correspondent had been gone
from Los Angeles.
The case was now in good shape for
the husband. He knew where his wife
was, but, fearing that she might contest
the suit, he purposely made an affidavit
giving her address in city 1000 miles
away from where she was.s And there
the papers were sent, she, of course
never getting them.
Next it became necessary to find a
witness to corroborate the allegations of
the complaint. And such witness was
who swore that he had seen the
at the plaintiffs house
upon the date Set forth in the complaint,
the correspondent as matter of fact
being at the time alleged 500 miles from
this city. But such a small matter
could stop none of the participants to
this extraordinary case. The judgment
was obtained by default, in hurry, and
there was no one present to see that an
outrage upon justice should not be per-
petrated.
A decree was therefore granted by the
court IN favor of the plaintiff, who was
given full liberty TO seek other females,
to destroy their soul and steal their
This is but one case out of many,
fully as odious. A suggestion, offered
by an attorney, is worth pondering on.
He says that the statute should be go
altered that no default cases of divorce
could be tried without the fullest pub.
licity being given to them; that the
time of trial, the cause of the COM
plant and such matters as would tend
to prevent fraud should be published in
the papers, at the expense of the plain
tiff; that no service OF papers should be
allowed to be had by mail, except where
the cause for bringing the suit is deser-
tion of at least one years standing, and
that if the papers do not then reach the
some reason. properly at
tested, should then be presented to the
court to show why they had not. And
the further suggestion is made that no
divorce case be tried by default without
the presence of the district attorney, to
prevent anything savoring of trickery.
1t would be we'll for the legislature to
take hold of this suggestion and thereby
prevent the perpetration of foul injus-
tice by law, upon victims-not trans.
gressors.
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