The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-06-21
Interesting Stories Developed In q
Divorce Court
A COMPLICATED CASE NOW ON
TRIAL AT WATERyILLE.
A Divorce Declared Illegal After the
Women Had Re-married-The Husband
Resisted the Second Application for
Divorce.
ESPECIAL TO THE PRESS

SPECIAL TO THE PRESS
Wateryille, June 20.-There are many
stories strange and pathetic, told in the
divorce courts, and a strange tale is that
to which a jury in Judge Halls court
here has been listening for the past two
days. Gustavus W. Spinney and his wife
Angie NJ, were married in 1868, and for
twenty years lived together in the town
of Starke They had four children, two
of whom are now living, women grown
and married. After living with her
husband for a score of years. Mrs. Spinney
left him and in 1891, secured divorce.
The notice of the libel in her suit was
published in the Hallowell Register, and
was not seen by the husband. As he was
known to be resident of Starks, the law
court at its session in April last, decided
that the publication in the Hallowell
paper was not legal notice and SO
annulled the decree. In the meantime,
Mrs Spinney had complicated matters by
ing man named McCor.
That was the state of affairs when Mrs
Spinney, the decree of divorce having
been annulled, applied again to be freed
from her marriage bonds. Mr.. Splnney
resisted, and the case was heard by jury
which was trying to agree upon verdict
when last heard from this evening. Hon.
Simon s. Brown appeared as counsel for
Mrs. Spinney, and the husband was
represented by Hon. Orville D. Baker.
Husband number two did not appear in
the case.
Mrs. Spinney based her case on the
allegations that, in the period between
1882 and 1888, her husband had failed to
support her properly, had treated her
abusively and had been addicted to gross
and confirmed habits of intoxication.
Mrs. Spinney, a woman of middle age,
rather inclined to stoutness, and with
brown hair, slightly tinged with grey,
testified herself in support of these
charges, and also called to the stand her
daughter, Mrs Boston of Skowhegan
and several other witnesses. Mrs. Spinney
alleged that her husband was constantly
drunk and was abusive.
On the other hand, Mr.. Spinney him
self, man of good appearance, whose
white hair and beard give him
patriarchal look, denied that he was
addicted to habits of intoxication or that
he had been other than good husband
Mr.. Spinney admitted that there had
been few occasions on which he had
taken a glass too much. His testimony
was corroborated by that of several citi-
zens of Starke, who while they had seen
Mr. Spinney on one or two occasions
when they thought he might have been
drinking, had never understood that he
was addicted to the habit of intoxication,
and had never heard or seen him do any
thing which would indicate that his
treatment of his wife was not what it
should be. In his argument Mr.. Baker
laid great stress on the fact that Mr..
Spinney had been selectman and for
years a teacher in the schools of his town,
something which would not have been
allowed had his neighbors had cause to
believe that his habits were not good
Mr.. Baker called attention to the fact
that the statute does not provide that
mere occasional intoxication shall be
ground for divorce. 1t says gross and con-
fiTmed habits 1t does not mean that be-
cause man may once or twice or half a
dozen times take a glass too many, he
shall be declared to have given his wife
grounds for divorce If it did, many
man who is in the main a reputable
citizen would have furnished his wife
with grounds for securing the annulling
of the marriage.
In the allegations concerning Mr..
Spinneys' habits was testimony that he
had gone to a church sociable in the town
of Industry when under the influence of
liquor Mr.. Spinney testified that he had
had but one glass and witnesses for the
defence said that he was talkative, but
did not call it drunkenness The incident
played quite a part in the argument made
by Mr.. Brown, who said that either Mr..
Spinney knew what he was about and
with the knowledge of his condition
went to a gathering at which his wife
was present and where he would cause
her shame and modification, or else he
was too drunk TO know what he was do
ing.
Both Mr.. and Mrs. Spinney were in
court when the arguments were made
and it must have been an uncomfortable
experience for them. The husband was
pointed to by his own counsel as man
whose oountenance gave the lie to allega-
tions of intemperance Then Mr.. Brown
took the floor and told the jurors that it
seemed to him that Mr.. Spinney, a man
of fifty-fve years of age looked a great
deal older, much more aged in fact than
a man of that age should look if he had
always lead temperate life.
The case went to the jury at about five
O'Clock, If they deny the decree, husband
number two, will be out in the cold. If
they divorce Mrs Spinney she and Nc
Cor may marry again. However that may
be- the age of the parties and the fact Of
the double marriage make it a strange
case.