Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-20

petition, were uncalled for ana UNI
founded. and classed them as imag-
mary or an invention" upon the part OF
the defendant. The court considers
the defendant either as insanely jealous
or inclined to make disturbance
In giving his ruling in the case Judge
Bradshaw said:
Case Involves Flesh and Blood.
81 have had nothing in my limited
experience on the bench that has been
more distasteful to me to decide; in
fact there has been nothing. approach
ing it. Ordinary questions to the court
are legal ones, to be disposed of ac-
cording 10 rules of law and procedure,
and there is not much sentiment or
feeling usually in them. Ordinarily,
also, such cases involve property rights.
This kind Of a case, however. comes
very near involving flesh and blood
Regrets Lack Of Certain Power.
ST first approached a decision in this
case witla the hope or view that might
decide it on what appeared to the court
to be fol, the best interests of the fam
ily especially the children. / find, how
ever, that the court, in divorce cases,
is not allowed to exercise discretion be-
yond certain rules of law, and certain
statuatory causes for divorce. ! can
say thatI properly regret that In this
case the court has not the power OF
such disposition OF 1t as 1T thinks for
the best interests Of the, family, and as
to the children.
Fault on Both Sides.
'.The history Of this case, shows that
the marriage for many years has been
a most unhappy one. Doubtless there
has been fault on both sides. Some Of
the children testified freely to rows as
far back as they can remember. II
finally resulted in the plaintin leaving
home in January, 1904, and absentlng
himself ever since. There is no doubt,
from what is shown by the evidence,
that he felt justified in so doing; 1T
was the only way he could have peace
and avoid conflict. Yet sometimes,
from the evidence, doubt whether ne
had sufficient provocation, and there
is not evidence to allow the court to
wholly overlook his having done some
things he ought not to have done.
Consider. MoGowan's Character Good.
."There is no doubt in my mind but
that MT. McGowan is a good citizen,
and stands we'll in the estimation OF MS
friends. He couldn't hold the place ne
does lie he wasn't man of character.
OF all railroad men, from the highest
OFFICER Gown to the lowest employe. no
one has the responsibility Of a passen-
ger locomotive driver. He is the great
man Of The road, and I take on my NAT
to such men more heartily, and with
more respect, than to the highest Oh
ficer OF the road or to any governor OF
any state"
Plaintiff outclassed in Tongue Contest.
The court here referred to case OF
a similar nature, where the supreme
court had ruled that incompatibility or
temper was not ground for divorce IN
this state, and continued.
''If I thought, even on the evidence,
and felt, that such a ground could be
sustained under the law, would have
no hesitation In granting this plaintiff
8 divorce, and giving him the custody
OF the two younger children. AS it isl
I am constrained to deny it. The de-
PENDANT has filed a petition asking sep
arate maintenance. She now occupies,
with the two older children, the home
or the pialNllII, Mf. MCHOWdH, s1ShS
separate maintenance, and alleges he
has deserted her and abused her. l
have considered these phases of the
case, and am forced to the conclusion
that In the contest of tongue between
Mr.. ami Mrs. MCGOWAN, the plaintiff
in this case is entirely outclassed. He
may have used his fists sometimes, al
tho do not say he has, as some parts
of the testimony are SO unwarranted and
as to cast discrsdit on the
statements concerning the. pounding of
the fists If he did SO e. man OF his
and character must have
been driven to desperation by some
thing that had transpired before, and
the only wonder is that he did not go
further.
Defendants Testimony contradicted.
In regard to the testimony of Mrs.
she has positively denied
ever using vulgar or profane language
before her children. yet by evidence o.
outside people she was continually.