The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-24
DIVORCE FOR MRS. DRAYTON.
DISCRETION THE GROUND on
WHICH 1T WAS GRANTED.


Chancellor McGin says Her Hux-
bands Suspicious of His Wife's
InadeIify Were Not Destitute OF
Foundation In Questionable Cir
cumsfances-rhis. However, Did
Not Warrant Desertion.
Trenton. n J.. March 23.-CharIotte Au-
gusta, wife OF J. Coleman Drayton. re-
ceived her decree of divorce from Cham
cellor McGtl this morning. The decree
was filed In the Office Of the clerk in
chancery and states that 1t is allowed on
the ground Of desertion.
The opinion accompanying the decree Is
a rather lengthy one In a.. tho chancellor
says that II is impossible to escape the
conviction that Mr.. Draytons suspicious
Of his wife's infidelity were not destitute
Of foundation in questionable circum-
stances at least. but" the chancellop
continues, there is 10 decision holding
that a husband may with impunity be
guilty Of desertion OF his wife merely be-
cause Of suspicion OF her inhdelity. De-
sertion is never Justified except when n is
shown by clear and satisfactory proof
that he was so offended against as TO war;
rant, at his instance, decree for divorce
Of judicial separation.
IF the defendant" says Chancellor Me-
GIN, would rely upon adultery as de-
fense against her charge Of desertion he
must prove H. There is no evidence that ID
was the intention of the defendant at the
time he left the petitioner TO institute a
suit for divorce on the ground OF her adul-
terry. lie did, in fact, commence such
suit in June 1884, time so re-
mote from the commencement OF
the separation that more than
the period prescribed by law within which
desertion must continue to constitute a
cause for divorce had interVened, and
thereby a cause for divorce had become
available TO her. and even after the lapse
OF that time his suit was not prosecuted
with diligence. If his suit had been
brought promptly and In good faith after
the separation the time consumed by IT,
during which the law does not require
him to conabit with his wife. would not
be computed as part of the statutory pee
riOd necessary to the desertion which will
authorize decree for divorce, but its
mere institution after such statutory pc.
riod OF desertion was complete will not
avail as a defense to a suit for divorce
on the ground OF desertion IL was the
husbands duty to act eXpeditiously, so
that his wife should not remain longer
than necessity required, IL guilty, until
convicted, and n innocent under the
shadow. Of scandalous and disgraceful
charge"
Chancellor McGm holds that there ID
no proof of collusion between Mr.. and
Mrs. Drayton to procure the divorce 1t
is not coluson for them to wish their
matrimonial relations severed. The evi-
dence In the case has not been filed, but
the chancellor refers TO It.
Hallett Alsop BOrrowes name does not
appear in the references, but mention Is
made OF one "B," "a neiRhbor named az
correspondent in Mr.. Drayton's suit
against his wife.
The chancellor says that the separation
Of Mr.. and Mrs. Drayton was of more
than two years duration, and that the
desertion was wilful, continued and OBJ
stinate. The question was them whether
the desertion was Justified The divorce
proceedings commenced by Mr.. Drayton
June, 1885, were at once answered by his
wife, who denied his accusations He
produced no proofs to substantiate his ae-
cusations and failed to bring his case to
q hearing, In answer TO his wifes suit
for desertion, Mr.. Drayton did not reit-
crate his charges of infidelity, but con-
tented himself with denying the truth OF
the charge Of desertion.
Mrs. Drayton Is the third daughter of
the late William Astor and sister Of John
Jacob Astor Mrs. Orme Wilson and the
late Mrs. J. Roosevelt.