Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-07-15
IDEAS ON DIVORCE
Advanced by Judge Gest, of Rock ISL
and, in an Opinion Rendered
at Springfield.
WHAT IS NOT CRUELTY DEFINED
Amusing suit is Reversed and the Court
Makes Humorous Observation
On the Testimony.

not feeling well, because she jams him
into bed and pushes him into a chair
and because she clinches him and
round and round, because she scoldS
! him so severely that the family COW
turns from her feed and throws he:
head up like a deer. because she oil.
jects to living on $500 per year-thes
are not reasons justifying a husband
in deserving his wife and refusing TO
| support her; they are not enough TO
warrant the granting of a divorce.
This is the decision of the appellate
court of the Second district in one of
the most interesting. readable, humOr-
Gus and sensible opinions in years.
The decision is on an appeal from
Schuyler county. The opinion was
written by Judge w. II. GCst, of this
city.
Wife Files the Bill.
Laura ]. Barlow files a bill against
her husband James II. Barlow. for
separate maintenance. and on the hear
ing of the evidence the lower court
found that she was living apart from
her husband. but not without her fault,
and accordingly dismissed her bill.
The appellate court reverSes this and
remands the case for n new trial. The
parties were married Feb. Is, 1896.
The woman was SO and the husband
was G3 He had nine children and his
wife one child, by their former mar
riages. The bride brought to this
union her sweet self, two beds and q
note for a small amount not stated,
while the aged groom contributed to
the partnership about $4,000 in lands
and moneys. Dec. 30, 1902, the hus-
band stepped away and did not return
until February. 1908. He hung around
the place for two weeks. when he fled
again, and has never returned. The
question for the court to determine is
whether he left her with reasonable
cause.
Jealous of Hubby.
The main cause of the trouble was
the contract for living expenses. She
was insanely Jealous. and accused him
of improper relations with his own
daughter. After he left her the first
time he promised to return if she
would let him go around some" and
one of the places she was to permit
him to visit was the state fair at
Spring tield. She turned gracious. and !
when he asked permission to buy a |
for his daughter Maud, she !
told him he could buy a mansion, and
when he asked permission to carry |
milk to Maud's children, she told him !
he could take the COW to them for all |
she cared. One thing that made him
mad, Mr.. Barlow testified, was that
she would wade through the high
grass after the COW, and come in fight |
ing mad at the COW. and it worried me, |
and she knew it did. One morning |
when the COW was eating. the COW
heard her noise and the COW turned |
around and left her feed, and looked |
up with her head up like deer"
This is indeed a beautiful tribute of |
the cows affection for the old man.
1t shows conclusiveIy that he had al |
ways treated the COW as a lady.
Not Cruelty Under LAW.
The court holds that the husbands |
evidence is unsupported and is con /
tradichGd by the wife. 1t argues that !
she should have commenced divorce |
after his absence had |
reached two years, and his only de |
Tense could have been cruelty. This, |
the court holds. could not have been |
even if the old gentleman |
had proven his case. The instances CT |
cruelty, when she damned him in the |
bed and later into the chair. do not. |
in the judgment of this court. Consti- |
tute cruelty under the Illinois laws.
The evidence further shows by the |
testimony of the husband that he was |
not afraid of his wife. for the day be- |
fore he left her permanently he per |
mitted her to shave him. In conclud- |
ing the opinion that the lower court s |
decision was wrong, Judge Gest and |
his associates muse on the divorce |
evil The case and frequency of di- |
vorce and separation in this state has |
become matter of UncnviabIe notori- /
ETY. and of just contempt among decent |
people. We are not inclined to give |
further ground for such contempt"
Neither One is Saint.
The court proceeds to read the law
% the husband. 1t says: HE left her
with house to live in. but with no
means 10 live on. She had cared for
his home, cooked, washed and ironed
.or him. fed his pigs. chickens. COWS
md horse. built the fire to warm him
and performed the mental service of
ihaving him and that to the last day
before he deserted her. She is mani
estly no saint, neither can he be en- i
oiled in that company.
The court declares they were old \
'nough TO know what they were doing 4
when they were married and that 4
here is no reason for their living l
apart. Therefore he must keep her |
md supply all her needs.
John c. Snow. Iyerton-Wife was