The Washington herald., 1914-11-22

the same time that the cost of living
generally was increasing"
The voice of the law went on, judgingi
The testimony showed how the
husband objected to the wife's going
about without him, because he thought
il wasn't the wife's place to appear
without her husband. It showed how
he had forbidden her to visit the home
Of her mother, or take the children
there. The opinion said:
During the trial the defendant was
testifying as to the plaintiffs attend
ance at a supper at the home of a
social acquaintance, perhaps a friend
Of the plaintiff and defendant to which
both parties had been invited; but the
defendant failed to go because Of ill.,
ness, as he claims. He came to the
house while the company, including
the plaintiff. was at table and ordered
the plaintiff to come home with him.
She came, but on the way home, no
testihes, he said to her: Take your
choic ce-entertainment with your
friends, or your duty to your husband
"At another time he testffies: 4 re-
quested and demanded that she do not
associate with that woman referring
to a respectable woman living with her
husband in the neighborhood to whom
he himself had introduced the plaintiff.
"Again he testified: q ordered her
not to do that
"The defendant went beyond tho
bounds Of reason in calling plaintiff to
account for her conduct and her failure
to obey his wishes"
And there is to be equality. and the
right of a human being to self direction,
in the possible new era
"He testified q ordered her not to
do that!'
when asked whether she had
not acquiesced in a reconciliation
agreement. she replied: NO. I wanted
him to put In something to allow mo
little more freedom; not to question
me at every turn. II makes one feel
so like prisoner
"Here we have one of the funda-
mental causes Of recent divorces
what the sociologist would call so
cIaI causation.' II explains to some
extent the spread Of the so-eaIled 'dI-
Vorce evil"
alarming as Il may seem, It must be
clear that II Is entirely a period Of
transition from an old regime to a
new; a struggle of adjustment preced-
family, placing marriage upon a better
basis and with a surer guarantee of its
permanency."
The real victims of the tragedy. Judge
Triebolin ruled. are the children. John
Henry, sixteen: Burton Dake. twelve,
md Helen Marie, nine
Zach of the children was exam
Ined separately by the court. Each
unqualifiedIy chose the mother as tho
parent with which he wishes to live.
All of the testimony shows a pro-
found affection on the part of the
mother for the children. II also shows
Just as clearly marked affection for
them by the father. In view of the
statute and in further view of the fact
that the companionship of sister and
brothers living together makes for no
uncertain unhappiness to them, tho
custody and c1ntroI Of the three chill
dren is given to the plaintiff. The de-
fendant, however. shall have the full
est opportunity and privilege Of visit
inq them and of having them with him
whenever their attendance at school
or other necessary duties do not pro
vent
This is the ending of one Of the most
sensational cases ever dragged through
he courts of Cuyahoga county.
It wasn't the marital contentious Of
he Floyds: it was the New Regime
pleading for release from the Old; the
iemand of a human soul for independ-
,nce, equality. expression.
And because today is today and all
he wears that have gone are the form in
which tomorrow is nodded, the law rec
,gnized the plea and acknowledged .
adical change.
Has Judge Friebolin opened . door 70
new srAf