The Washington herald., 1914-12-04
ASKS Divorce FROM
PURITY PACT" Wife
Cunningham Again Asks Freedom on
Grounds of Cruel and Barbarous
Treatment"

Philadelphia, Dec. S-Punctured with
interesting references TO the Bible. my
thoIogy and the modern law Of public
policy. a nnaI review Of the remarkable
divorce suit between Clement R. H Cum
ningham and his WIFE,. Irene D. Cunning
ham, 4O17 Barring street, was made before
the Superior Court today.
Cunningham, who is president Of the
Crucible Steel Castings Company, charg-
ed cruel and barbarouS treatment upoon
the most unusual set Of facts ever re-
corded in the divorce annals Of this
State.
In substance. his complaint was that
for fourteen years, while he and Mrs.
Cunningham lived together. occupying
the same apartment, they were husband
and wife in name only, the wife insist
ing on conforming to q prenuptial COM
pact that the balance of their lives
should be passed in perfect purity"
The origin Of this pact was subse-
quent to their betrothal and prior to
their marriage in 1895. and was pro-
posed by Cunningham and accepted by
his bride-to-be. through devout re-
ligious feelings on the subject of mat
rimony. Its observance. however. dur
ing the long course OF years. Cunning
ham now complains. produced an alb
normal condition and his married life
became unbearable.
Mrs. Cunningham defended her Pc
culiar relation to the libellant on the
ground that the vow to lead pure lives
was made at her husbands own Bug-
were kneeling before God in the par
lor of her home. She regarded its
keeping a sacred duty.
Her refusal to violate the vows, was the
only complaint Cunningham made against
her. She was otherwise a devoted wife,
a good economical housekeeper and q
constant helpmate.
A phase of the strange case was heard
by the late Judge MagiIl on the wife's
appeal from the order obtained by Mrs.
Cunningham was taken, and Judge Or
lady reversed the lower court.
During the course OF his review OF the
case he criticized the purity pact as a Pc
culiar and abnormal arrangement the
enforcement OF which would seem to be
against the established state Of matri-
mony and public policy. Meanwhile the
husband had brought the suit for divorce
and the master to whom II was referred
reported in favor Of a decree on the
charge of cruel and barbarous treatment.
At this stage of the proceedings, form
er Judge Gordon was enlisted by Mrs.
Cunningham and he presented exceptions
! TO the conclusions Of law by the mas
! ter and swept aside his findings by
showing that there was no statute IN
this State which recognized as a ground
for divorce the inaccessibility complained
| OF by Cunningham and that there was
no legal reason for considering such a
| state as legal cruelty under the decisions
! He was sustained in the lower court
which refused Cunningham a divorce.
Thomas a. Fahy was the master OF the
case.
1t was disclosed during the hearing
I that no one knew or had any suspicion
OF the purity pact until after the couple
separated after living together for four
teen years. When the wife's father
! learned of the cause of the separation
he was astonished. and II is said stern
ly expressed his disaproval of his daugh-
ter's conduct. but she resOlutely refused
TO be influenced to break her vows