Manchester Democrat., 1911-02-08
JUDGE PLATT
DECIDES BARR CASE
HANNA BARR GIVEN DIVORCE
AND FIVE THOUSAND
DOLLARS ALiMoNY.
COURT WAS IN SESSION FRIDAY
Judge Rsnsier rrsnsacts Consider
able Bus ness at Session
OF Dis rict Court.
In the District Cour. of Iowa, in and
for Delaware County. Decemb r
Term, A. D., 1910.

Defendant.
1t would be useless in de. iding
this case to call particular attention
to the testimony in detail
The grounds for the divorce ask
ed by plaintiff are cruel and inhuman
treatment. This is alleged to have
consisted of charges of unchastIty
and immortality, brutal conduct, un.
founded jealousy and personal VIC
lence. In the opinion of the cour
these charges have been substantially
proven. If anything more than tn
testimony Of witnesses who have ap.
peared at the trial weye nedded to
convict the defendant OF cruel AMI
inkuman treatment, certain of tn
exhibits surely supply the r:quire-
ments, and these same exhibits fun
nish proof that fully corroborate the
witnesses who have testified to
such treatment.
Exhibit II. Exhibits B and c from
their nature cannot be disputed, and
they furnish proof of the most con-
vincing character of the subst ential
truth of the allegations in plaintiff; :;
petition
1t is said in argument that there
is no proof that the defendant,
treatment of plaintiff (assuming that
it was cruel and inhumam endanger-
ing her life, and cases are cited to
support their contention. To my
mind, however. the cases, are not in
point. The facts are different The
cases of Luck v. Luck, 1872 Iowa 302,
Shook VI Shook, ia Iowa 592, and
Aitchison v. Aitchison, SO Iowa SO,
are nearer in point.
When a husband unjustly accuses
his wife of unchastity, and especially
when he does so in the brutal and
vulgar language ussd by the defend
ant toward his wife, such treatment
Is not only cruel and inhuman, but
is surely calculated to break down
the health. both physical and mental
of even the most robust woman.
Courts of equity will not require
wives to submit to that refinement
of cruelty, 1t is of the most brutal
nature imaginable, and its result, Il
continued, cam only end in not only
the utter misery Of the victim, but in
the permanent loss Of physical and
mental health.
The evidence shows that the plain
tiff is a woman of refinement. N
woman endowed with NATURALLY
gentle disposition and refined tastes
could long bear up under the fright
full vulgarity; the unnatural Jealousy
and the brutal conduct shown to
have been endured by the plaintiff
at the hands Of the defendant. The
fact that her physical health remain
ed fairly good only goes to show
that some women are Of such robus
health as to Withstand for consid,
cradle period of time the most yio-
lent assaults upon it.
A reward in the form of deere
of divorce should not be given .
woman of weak physical and menta
strength for the reason alone tha
she has not the strength to bear III
under cruel and inhuman treatment
That is not the test. II it were, un
der given state Of facts all despond
ent and weak women would be en-
titled to be freed from such treat
ment, while those who because o
greater courage, patience and forti-
tude, or because Of strength to beaI
up against any and all misfortune
would be decreed to be remedilees.
In determining the issues in TIL
case i do not find that all tn
charges against the defendant ar
true, nor do find that the plaintiff
has been entirely blameless, bu.
do find that Il has been proved tha
the defendants treatment Of tn
plaintiff was cruel and inhuman, an
was such as is, calculated to seriou'
| ly affect her health. and il continued
| to utterly ruin it. I find, howeye
that there is no proof that th
plaintiff was unchaste. or untrue
her husband, and l find nothing
her relations with other men tn;
was indiscreet. She should have kel
away from Charles Barr's house el
tirely, in Difference to her husband
wishes, but under all the circumst tan
es as disclosed by the evidence.
reasonable husband could severe
!. censure her for the apparent rath'
], than real violations OF his wishes
/. that respect.
On the other hand, / do not fiji
3 the defendant IN have heau So had