The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-03
CATHCART'S
CLIENT WINS
County Attorney Now Free to
Begin Proceedings
Against Him.

| Yesterday Judge Lindsay rendered
his decision in the VIII divorce case
which has been brought into promi-
hence by reason of the fact that the
libel of the wife, sworn to by her,
charges her husband with Illicit cohabi-
tation, while his answer and cross bin
charged her with the same offense, and
that County Attorney Cathcart appear
ed for the ibellee thus charged with a
criminal offense.
Judge Lindsay refused the woman a
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:
s'This is a case that would need a
Solomon with all his wisdom to come
to a really just and proper verdict up
on. / am frank to confess | am very
much in doubt just what my decision
should be-not my decision upon di-
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 a house, and the
inmates of this house were such 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 a
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 t
think / 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 s
shame and disgrace. ] don want Mr.
Will to think in saying this that | have
anv great respect for his conduct, to
saw the least it has been very poor.
We have no showing at all of his try
ing to keep his wife straight, of try
ing to do the right thing for his wife.
1t is a pretty poor outfit, the whole
lot. and as I say, in the matter Of III
yorce alone I would not have very
much hesitancy in granting. 1t is these
moor children I am thinking about.
I don't think that Mr.. Will has been
very lavish in his support of these
children, at the same time from all the
evidence / cannot come to the conclu-
sion that he has failed to support them
in legal sense. He evidently has
done something. I am not able to say !
that he has not supported the children
from the evidence. / am convinced |
that the wife has been guilty of adul- |
tery with this Cabral l had some |
doubts. still have some doubts as to |
whether the husband was cognizant of |
this, whether by his actions he has |
condoned the offense. | say this to
show that my mind is not altogether
clear on that point, but | am going to
give him the benefit of the doubt and
/ will decree a DIVORCE Will dismiss
the libel for divorce and grant the
cross-libel That is, granting Will a
divorce from his wife on the ground of
adultery.
'sThen comes the question of the
care and custody of the children. When
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 reconeilable on this
point. And it does not always follow,
according 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
L. ! 20 oh Of
these children His neglect of his
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 these
children than the husband. 1t is
good thing that the court can retain
jurisdiction of the children. ] want to
impress upon Mrs. Will that | am going
to let her keep the children, but L am
going to make it my business to see
how she looks out for them, and If /
see anything amiss / will make it my
business to take the children away
from her and put them in some lnstl-
tuition. They are still very young AID
there is some chance for them, so tnat
while the prayer grants the hbellant a
divorce. the libellee is granted the care
and custody of the children.
The effort has been made to make 1T
appear that Judge Lindsay in this de-
cision justified Cathcart in defending
a man in divorce case who was charg-
ed with a criminal offense which 1T
would be his duty as public prosecutor
to investigate and prosecute. But 1t
will be observed that Judge Lindsay
saws nothing that can be so construed.
The libellant's attorney did not press
the Illicit eohabitation charge against
he libellee. hence it was not an issue
in the case and Judge Lindsay ex-
pressed no opinion as to it. The fact
remains, however, that the charge was 1
made under oath. the libellant s attor
ney, Samuel f. Chillingworth, says he
mas witnesses to testify to it. and there
was some testimony given tending to
prove it.
Divorces Granted.
Among the minor eases in the divorce
Mill yesterday Louisa Kahoalemeawai
vas given divorce from Kupa for
support.
Hatsugo KHnimitZu was given n d.