The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-10-06
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CLIENT "
cFrOm Saturdays Advertise

his decision in the Will divnrcetp
which has been brought into pr.
nence by reason of the fact thatSc
libel of the wife. sworn to bv
charges her husband with illicit cohlfi
tation, while his answer and cross.f
charged her with the same offense. "A
that County Attorney Cathcart appes.
ed for the libellee thus charged with
criminal offense. "
Judge Lindsay refused the woman &
divorce, but granted the divorce to the
husband. AT the same time he gave
the mother the custody of the three
children though there was no order
requiring him to contribute to their
support. In deciding the case Judge
Lindsay said:
"This is case that would need
Solomon with all his wisdom to come
to really just and proper verdict up
on. 1 am frank to confess 1 am very
much in doubt just what my decision
should be-not my decision upon dis<
vorce question, but as to the care and
custody of these children. 1t is said
that once upon time Burns was walk
ing in the country and he was enter
tanned over night in house, and the
inmates of this house were such a fine
family, father and mother, brothers
and sisters, that the poet was very
much impressed, and before he went in
the morning he left souvenir of the
kindness shown him, by writing
poem, expressing the hope that after
their lives were over they would all
be united in heaven. He certainly was
not thinking of this family, for | don It
think i ever had occasion to try case
where all the members of the family
were tarred with the same brush. 1t
has been disgraceful and disgusting to
listen to the case, and have the father
and brothers tell of their sister g.
shame and disgrace. / don't wapi fs-,
Will to think in saying this that Itaof
any great respect for his conduhnp-
say the least it has been very ing
We have no showing at all of hi,tlbn.
ing to keep his wife straight, office
ing to do the right thing for his a
1t is a pretty poor outfit, the NSS,r1
lot, and as / say, in the matter
vorce alone / would not have N
much hesitancy in granting. 1t isg
poor children L am thinking III
I dom think that Mr.. Will has
very lavish in his support of
at the same time from al
evidence / cannot come to the cd
sion that he has failed to support IA
in legal sense. He evidentlyM,
done something. / am not able Il
that he has not supported the chi
from the evidence. l am conviy,i
that the wife has been guilty of lsii
terry with this Cabral. / had Yfg1
doubts, still have some doubts a3sN
the husband was cognizansAlnv Is
this, whether by his actions he MIN
condoned the offense. l say thisVHNy
show that my mind is not altoget (l2 +,
clear on that point, but l am going HKt]
give him the benefit. of the doubt aNNE'
1 will decree divorce-I will dism fft
the libel for divorce and grant tHtlA
cross-libel. That is, granting VIII #lS
divorce from his wife on the ground o.
adultery. Nh
"Then comes the question of thelF
care and custody of the children. When s
a woman has been guilty of adultery
the question Immediately arises, wheth-
er such woman is fit and able to take
care of her children. The authorities
are not altogether reconcilable on this
point And it does not always follow,
to the authorities, because
a woman has been guilty of adultery,
the children, especially if they are at
all of a tender age, should be taken
away from the wife. Mr.. Will has
not convinced the court in any degree
that he is a fit person to take care of
lhese children. His neglect of his i
children has been shocking; the poor
frail mother, if she has been sinful, has
at all events convinced the court that
she is more fit to look out for thesP
children than the husband. 1t is Il
good thing that the court can retain
of the children. l want tn
impress upon Mrs. Will that ! am goins
to let her keep the children, but L al N
going to make it my business to sci
how she looks out for them, and if MI
see anything amiss / will make it my a
business to take the children awayN)
from her and put them in some insti-
tuition. They are still very young and
there is some chance for them, so that
while the prayer grants the libellant
divorce, the hbellee is granted the care
and custody of the children"
The effort has been made to make it
appear that Judge Lindsay in this de-
.ision justified Cathcart in defending
, man in divorce case who was charg
ID with criminal offense which it
would be his duty as public prosecutor
20 investigate and prosecute. But it
will be observed that Judge Lindsay
says nothing that can be so construed.
The libellant's attorney did not press
The Illicit cohabitation charge against
The libellee, hence it was not an issue
in the case and Judge Lindsay ex-
pressed no opinion as to it. The fact 4
remains, however, that the charge was
made under oath, the libellant's attor-
ney, Samuel +. Chillingworth, says he \
has witnesses to testify to it, and there
was some testimony given tending to i
prove it. 4
Divorces Granted
Among the minor cases in the divorce
mill yesterday Louisa Kahoalemeawai
was given divorce from Kupa foffv
Hatsugo Kunimitzu was given a di.H
vorce from Tsumi of the same family
name on the ground of desertion,