The record-union., 1896-03-24
DRAYTONS DIVORCED.
The Wife Given a Decree on the
Grounds of Desertion.
The Husband Should Have Presented
His Charges of His Wife's In
fidelity Without Delay.

TRENTON IN. j., March 23.-Char-
lotte Augusta, wife of J. Coleman Dray-
ton, received her decree of divorce
from Chancellor McGill this morning
The decree was filed in the office of the
Clerk in Chancery, and states that it is
allowed on the ground of desertion.
The opinion accompanying the de-
cree is a rather lengthy one. In it the
Chancellor says that lit is impossible
to escape the conviction that Mr. Dray-
tons suspicious of his wife's infidelity
We're not destitute of foundation in
questionable circumstances, at least,
but the Chancellor continues that
there is no decision holding that hus-
band may with impunity be guilty of
desertion of his wife merely because
| of suspicion of her infidelity. Deser-
tion is never justified except when it
is shown by clear and satisfactory
proof that he was offended against as
to warrant, at his instance, a decree
for divorce or judicial separation.
IF his suit had been brought prompt
" and in good faith after the separa-
ton, the time consumed by it, during
which the law does not require him to
cohabit with his wife, would not be
computed as part of the statutory pc
riod necessary to the desertion which
will authorize a decree for divorce, but
its mere institution after such statu-
tory period OF desertion was complete
will not avail as a defense to a suit for
divorce on the ground of desertion. 1t
was the husbands duty to act as ex-
peditiously as possible, so that his wife
should not remain longer than neces-
sary, if guilty, unconvicted, and if in
nocent, under the shadow of scandal
Gus and disgraceful charge"
Chancellor McGill holds that there is
no proof of collusion between Mr.. and
Mrs. Coleman Drayton to procure the
divorce. 1t is not collusion, he says, for
them to wish their matrimonial rela-
tions severed. The evidence in the
has not been filed, but the Chancellor
refers to it. Hallett Allsop Barrows'
name does not appear in his references,
but mention is made of "one B., a neigh
bor,' named as correspondent in Mr..
Drayton's suit against his wife.
The Chancellor reviews the troubles
of the family. zone evening in Octo-
Der, 1891" he says, upon Mrs. Dray-
toms return home from New York, her
husband accused her of intimacy with
one B., neighbor.' The next morning
Mrs. Drayton went to her fathers
house at Rhinebeck, and there she re-
mained month, when by persuasion
of her family the Draytons and their
four children went to England. In
that country they lived nominally to-
gether, Mr.. Drayton adhering to his be-
lief in his wifes infidelity, and refus-
ing to share her room or to accompany
her when she would go out and refusing
to remain in her company when they
would be alone.
1T was in consequence of this state
of affairs that Mrs. Drayton decided
upon legal separation. She was much
distressed in mind and very unhappy.
Having no confdant in England, she
telegraphed to b. who went at once
TO England. Mrs. Drayton met him at
her hotel, and he arranged a meeting
for her with his lawyer at his hotel, but
the lawyer was late in appearing, and
Mrs. Drayton and b. went into an
other room, in which they were attend
ed by a waiter.
while they were at luncheon Mr.
Drayton and two men, evidently detec-
tiyes, entered the room, and after ident-
flying her. departed. Later she saw the
lawyer referred to. and it was arranged
between this lawyer and her husband
that she would go to Wimbledon, where
her children were, and bid them good
by. She did so, and made several trips
to Paris to see her father, by whom she
was persuaded for the sake of the chill
dren to seek a reconciliation with her
husband She exerted every effort to
effect reconciliation, but Mr.. Drayton
was obdurate, still insisting that she
had been unfaithful to her marriage
vows"
The Chancellor says that the separa-
tion of Mr.. and Mrs. Drayton was of
more than two years duration, and that
the separation was willful, continued
and obstinate.