The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-28
THIS HUSBAND SCORED
SUPREME COURT HOLDS UP HENRY
ID. MATCHED TO sCORN.
Alimony Due His Insane wife-Appcl-
late Bench Reverses Supreme
Court Decision.

Henry ID. Matched yesterday received a
severe rebuke from the Supreme Court in an
opinion written by Judge Howard His de-
ceased wife had been given judgment for
$1,000 alimony under an agreement between
the two parties that she would not resist an
action for divorce brought by her husband.
About the time the agreement was made
the wife showed symptoms of insanity, and
after the divorce was granted she was adj
judged insane and sent to the asylum in
this city, where she died. The judgment,
according to law, remained as an estate
collectable from the husband for the bene-
ut of her daughter by a former marriage.
Matched however, sought to reduce the
amount by charging many items which were
never applied for the dead wifes benefit
and in denying the petition the court con-
Cured in the following opinion by Judge
Howard:
In September or October, 1895, the APP
pellant began negotiations with his wife
looking to the terms Of separation. 1t was
nnally agreed that he should pay her 81 900
and that she should not appear against him
at the trial for divorce. In the succeeding
November he sent her and her child by a
former marriage to Pennsylvania. On March
10, 1886, divorce was granted on default
made by the. wife. alimony being allowed
In the sum Of $1.S00, no action being taken
as to the child. About two weeks thereaft-
sylvania and few days subsequently, in
sanity proceedings were instituted against
her; On April is she was admitted into the
asylum for the insane at Indianapolis and
the daughter was sent back to Pennsylva-
MIA, where she was placed in the care of
his mother. On March /. 1897, appellant in
stituted this action to have credited on the
judgment for alimony certain sums alleged
TO have been paid by him both before and
after the divorce, the contention Of the APP
pellant being that all moneys paid TO his
wife. or for her use after the agreement
for divorce, should in equity and good con-
science be credited on the sum Of $1,000 to
be paid to her.
With the additional light we now have
on the .enfeebled mental condition of this
woman and the circumstances under which
she made the so-called agreement relied on
we should not be disposed to aid the appel
liant IN diminishing the scant estate left her
after her ten years experience in wedlock.
There is little grace in appellants appeal
for an equitable application upon the judg
d ment Of moneys given by him to his Wifi, wife
obligation to provide for her support. AS
to amounts claimed by appellant to have
the use Of his stepdaughter during the time
his wife was adjudged insane, there is of
course no obligation against her whatever.
In addition, appellants own bill of particu-
lars shows that the items were to a large
extent for moneys paid for railroad fare
music, board and a bicycle furnished the
fourteen-year-old daughter, that he says he
had for ten years treated as his own daugh-
ter. 1t seems like an after thought TO
charge against the insane mothers estate
what were seemingly the free offerings of
a fathers good will towards daughter.
One should learn to be just before he is
generous. particularly with another $
money. 1t Is true that contracts with insane
persons for nscessaries will be upehld but
there is here no satisfactory evidence Of
any necessaries furnished the wife. While
she was in the aylum the state furnished
all that she needed. and had the appellant
been anxious to transfer to her use part
of the money awarded to her as alimony
he could have secured the earlier appoint
ment of guardian, who would. under
direction of the court have more carefully
guarded her rights, as her present guardian
is doing, in defending her estate against this
unconsconable action. If ever there was a
case which showed that the prosecuting at
torney should exercise his statutory duty in
resisting an undefended petition for divorce,
it was this one. The proceedings which re-
suited in the casting off of an unhappy wife,
at a. time when she was in
the incipient stages of insanity.
followed by this appeal to the equity SIDE
of the court to take from her part of
the allowance made for her support. are
such as to arouse the indignation of all
moral and fair-minded people. 1t was
righteous judgment of the court that re-
fused to sanction this last proposed outrage.
Judgment affirmed"