The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-07

tress. Natural affection establishes
and consecrates this asylum. I should
require, therefore, more proof to sus-
tain the action against the father
against stranger. 1t ought to appear
either that he detains the wife against
her WILL or that he entices her away
from her husband from improper mo-
tives. Bad or unworthy motives can
not be presumed" What does he
mean by that? He means, given the
relation OF parent and child, and ii lis
presumed that there Ia natural af-
lection and a natural desire to do the
best for the child. They ought 10 be
positively shown"-that is bad or un-
worthy motives-"or necessarily de-
duced from the facts and circum-
stances detailed. This principle ap-
pears to. me TO preserve, In due de.
tendance upon each other, and to
maintain in harmony, the equally
strong and sacred interests or the
parent and the husband. The quo ami
mo ought then in this case to have
been made the test Of inquiry and the
rule of decision"
Ne Threatening Statements.
There was before the Oklahoma
courts case somewhat like this. at
bar only II had In It elements so much
worse than they are only spoken of
by way of contrast Here Is what
the father said: (56 Pac. $50 Ser
ifh v. sheriff. In a course OF con-
versation with the party the father
says: BY -, I have been trying
TO separate those people for some time,
and have succeeded now; and by -
am going TO keep them apart II
can" Now there is language that
was used by the father in that case.
You heard no such language here.
You heard no Understanding OF that
kind except as indicated in certain
indirect statements. Assume that
those indirect statements had the force
OF positive statements, which would be
the best superstition that could be
made for the plaintiff in this action,
how would 1t stand as compared with
the language in this case. In this case
1t was also shown by evidence that the
defendants on different occasions up
braided plaintiff In the presence OF
the plaintiffs husband, etc. DO these
facts establish that the defendants
conspired to and did ALLEVIATE the az
fections Of the plaintiffs husband |?
That is the only question we need to
consider. Admit for the sake of
argument, that plaintiffs husband had
the most kindly feelings for her and
that he held her in the highest esteem,
and that subsequently he became cold
towards her, ard finally secured a
divorce, the record does not establish
that this condition was brought about
by the defendants. 1t is argued by
counsel for the plaintiff that the jury
should have been permitted 10 say as
to whether or not the facts proved
established that the defendants alien
ated from plaintiff her husbands af-
fections. That would be true If there
were sufficient evidence TO sustain a
verdict; but after having read the en-
tire record we are Of the opinion that
had a jury returned a verdict for the
plaintiff for any amount the court
would have been compelled TO set It
aside. A court should sustain a de-
murrer to PLAINTIFFS evidence or direct
a verdict when in its opinion such
evidence is insufficient to sustain a
verdict" And they again say, quot
ing from another case in Washing
ton: An action by q wife against her
husbands parents for causing him to
abandon her cannot be maintained on
evidence that defendant drove plain
tiff from their home; and permitted
the son to remain there: that his
mother, two days thereafter told
plaintiffs father thar ne might as we'll
understand Shat her son wouru no
longer live with plaintiff; that the
son thereafter failed to keep an en-
gagement to meet plaintiff; and that
the sons mother thereafter asked a
psrosn to use her influence to keep
him from living with PLAINTIFF ETC.,
citing other authorities.
Net Compelled 70 Keep Daughter
Now. what is this letter about which
so much has been said2 The letter i'm
the first place, putting the worst con-
struction upon ii possible, and suppose
10 read Gas 1t does not) that "You
absolutely cannot come to my house,
under any circumstances. sither now
or any other time In the future"