The St. Louis Republic., 1901-11-19
Judge Spencer Holds That Offense
Must Be Repeated and Be
come IntOlerable.
DECLARES THE ACT is CRUEL.
Thinks Women Who Marry Men
Knowing Them to Have Idle
Habits Are Not Entitled
Legal Separations.

Circuit Judge Spencer ruled yesterday
that single slap received by II woman
from her husband is not sufficient ground
to entitle her TO a divorce. The offense. the
Judge held. must be repeated to such an
extent as to render il intolerable.
The decision was given in the case of Eva
II. Kerr against Robert J. Kerr. They were
married October %. 1888. and separated
March 10. 1860. Mrs Kerr complained that
on one occasion her husband slapped her.
There is no excuse for the husba nd's
cruel act,'' said the Court in dsmIssing the
case. But a single act of roughness in
temper Is not a ground for divorce and
when forgiveness and reconciliation are
sought. they ought to be granted.
1T is only when the indignities are Of
such a character and long continued as
10 render the condition of the suffering
party intolerable that the law makes them
a ground for divorce"
Judge Spencer also ruled yesterday that
In the event woman marries a man Of
idle habits. being aware of the fact before
the marriage. she cannot expect the courts
to free her from the bonds of matrimony
This ruling was made I'm dismissing the
bill for divorce Of Celia Spengemann from
Charles III. Spengemann. The couple were
married November IL. 1896. The evidence
Judge Spencer stated, showed that Mrs
Spensemann had known her husband for
three months before their marriage and
was aware of the fact he was not OF indus
triOus habits: that they lived together after
their marriage for three months. during
which time he evinced the same disinclina-
tion to work. and she left him. The Judge
held That. having married him with the
knowledge of his habits. after so short a
trial of what she might reasonably expect
would be the result she was not entitled to
divorce.
Finances Cansed Trouble.
Judge Spencer also dismissed the divorce
suit of Henriette Boutemy against Louis
Victor Boutemy yesterday. The Judge said
the trouble between the parties seemed to
be principally financial one. Both are
engaged I'm teaching French. She charged
that he did not support her. and that he
received money from property belonging to
Paris France. July q, 1sSS. and came to
this country in 1900 and separated June
20 last He did not contest the case. but
Judge Spencer mad him brought into court.
He declared that he supported his wife
while she lived with him. and his reason
for not supporting her after the separation
was that she refused to live with him.
She was supported while they lived togeth-
or. the Court held. either by her own eff
forts by her husbands efforts or by their
husbands failure to support her, while she
re fused to live with him. does not entitle
Der to a divorce.
Judge Zachritz granted Lille Perry a di-
ground Of desertion, and awarded her sigo
a month alimony and the custody of their
sen. Ira W. Perry. IL years old.
Judge Zachritz also granted Viola Green
a divorce from W. S. Green on the charge
OF desertion and restored her maiden name,
Walter The custody of their daughter,
Hazel, was awarded to Eer. 3. R. Brewer
was her attorney.