Evening star., 1901-02-02
GROUNDS FOR DIVORCE
PROVISIONS IN THE LAWS OF THE
SEVERAL STATES.
Line of Facts Which May Sustain
Charges-"Menta1' Cruelty
Citation of Cases.

subject of divorce. For some years tneTe
had been a growing interest in the dis
cussion of questions relating to marriage
and divorce. The action of leading men
in different parts Of the country looking to
better Legislation on divorce had stimulated
the study of the question: and this study
had led to the formation of the New Eng
land Divorce Reform League, which was
partially organized in Boston in 1881, and
which has since become national In name
and scope.
Later many petitions were sent to Con-
gress praying for some action relative
to the collection of facts surrounding mar
riage and divorce.
From Vermont the petitions were headed
by Rev Samuel w. Dixie, Chief Just1ce
Homer E. Royce and four associate JUS
tices of the supreme court, Mr. Franklin
Fairbanks, Ex-Governor Horace talrpanks
and President NJ. H. Buckham OF the Oul-
versity of Vermont From Massachusett.:s'
by Elisha Milford, LID. From Connectl-
cut, by Theodore D. Woolsey, Lip, eN-
president of Yale College; President Moan
Porter, Prof. E. ]. Phelps and Judge eh,R- w
man. From New York, by Theooore md W.
Dwight, LID. of Columbia College ana
Rev. C. c. Tiffany. ID. From Mfcnigan'
by Bishop Samuel s. Harris and Judge w.
A. Jennison. From Illinois, by Judge JOIN
A. Jameson. From Wisconsin, . py Fro1,
Washington, D. c., the petition was heaoeq
by Rev. DR.. John II. Elliott. Messrs. r. II.
Bennet and ]. c. Bancroft DAVIS
Result of investigation.
After annropriate action thorough IN
vestigation Of the court RECORDS OH 'ii'
subject throughout the United States was
made resulting In report, part OF WHICH
follows:
very interesting question arose "heh
considering the causes of divorces WHICH
relates to the Interpretation OF the courts
as to the line of facts that may SUSTAIN
an alleged cause In most Of the causes
for which the different. states PROVIDE ila.
divorces may be granted there can pe le lt.le
or nc controversy in the mind or the cou,s
as to what Is intended. For Instance IL
adultery is alleged, adultery must be prov
ed So in regard to desertion; desertlon Is
desertion, and if 1T has continued uullls
the time set by the law OF partlcultii
state there can be little question as 10
what constitutes 1t. The same Is true OF
drunkenness, neglect to provide, ana the
other miscellaneous causes-they oHer no
possibility Of misinterpretatlon. But cIuel-
ty or extreme cruelty, or cruel ana IN
human treatment, when alleged, anord u
wide field for the exercise OF 1udlclal dls-
cretion. In the course of TINS mVestlea-
fered as substantiating these causes have
been furnished the department by It's
agents. The following are few OF the
instances under these causes where d.
VOrce mas Deen STdHleu " lnC "AS'
The defendant (husband) does not come
home until 10 o'clock at night, and when
he does return he keeps plaintiff (Wife)
awake talking. Defendant also keeps a
saloon which sorely grieves mind OF plain
tiff The husband replying, says: plain
tiff should not be ashamed of him because
temporarily in the liquor business; that ne
may do better some day; his father was
high state officer in Germany. But the
divorce is awarded to the wife ON the
ground of mental cruelty.
Plaintiff alleges that defendant does not
wash himself thereby intiictlng on PLAIN
tiff great mental anguish
Defendant sleeps with razor under his
pillow, solely to frighten and distress plain
tiff.
Defendant has contracted the opium hab
It, causing him to wake uD In the night
and threaten to kill plaintiff
Defendant has accused plaintiffs sister of
stealing, thereby sorely wounding plaintiffs
feelings.
Defendant treats plaintiff with great and
unmerited contempt and contumely. having
said to her he did not care whether she
left him not.
Defendant does not speak to plaintiff for
months at a time. thereby making life
burden.
Defendant during last three years has
often fallen into causeless RACES and
smashed up all the cups and saucers and
other crOckery, and household wares.
Marries Her Uncle.
band, is also her uncle, being the brother
of her father; that she was but fourteen
years of age at the time of marriage; all
Of which so preys on her mind that she
sues for divorce on the ground Of cruelty.
Plaintiff was married twenty-seven years
defendant then sad to her, You are old
and worn out; l do not want you any long
err which remark caused plaintiff mental
anguish
Defendant made plaintiff climb a ladder
to drive nails in the woodshed; not liking
the way she drove the nails. he lassoed her
on coming down from the ladder. tied her
fast to the gate post, then stuck sticks and
straws in her nose and ears. gouged his
knuckles in her eyes, and said he wanted
to see if she was Dutch" On untying her
he threw showed her into a nest of bees;
all of which sorely grieved the plaintiff in
body and mind.
Defendant would not permit plaintiff to
walk on the streets with her relatons he
spoke disresDecduliy to her, calling her
rip"
Defendant got drunk day after the mar
riage. causing this plaintiff to conceive a
violent disguest for him. Divorce proceed
ings begun one day after marriage.
Plaintiff says that she, in consequence Of
toothache, had two teeth pulled by dem
tist. When she told defendant he "violent-
ly and furdously assaulted choked and beat
her.
Defendant drinks and has become a SLOW
en-, souchy loafer; causing plaintiff mental
anguish.
Defendant is a ranchman, fond of hunting
and dogs. He has treated this plaintiff
cruelty in this: When he returns from the
hunt he cries, Down; charged" and points
his whip; whereupon. II this plaintiff does
not drop on her knees and initiate the
pointing of a dog, the defendant cruelty
beats and mistreats her.
Suffers Indlgnities.
Plaintiff alleges that defendant married
her simply to make a menial Of her. that
he forces her to black his boots. Plaintiff
returned to house Of her mother, widow.
Shortly thereafter the defendant came and
proposed to plaintiffs mother that they get
married and drive plaintiff out Of the house.
The mother refused. This proposal to plain
tiff's mother caused plaintiff great mental
anguish
Plaintiff says that defendant sent her on
trip; that he wrote to her. sent her money
and at the same time sueing for di-
vorce on the ground of desertion. When
plaintiff heard Of this it threw her into a
fever.
Plaintiff says that when she was sick in
bed 1.-The defendant, for the sole purpose of
harassing her, said he meant to suicide, and