Denton and Haughton Examiner, etc. — 1881-08-06 (Denton, Greater Manchester, England)

REMARKABLE DIVORCE SUIT.: In the Probate and Divorce Division, before the right hon. the President and a common jury, the case of O'Malley, v. O'Malley was heard. This was the petition of the wife for judicial separation, by reason of the cruelty of her husband, the Rev. Bryan O'Malley, rector of Flitch.), Norfolk. He answered denying the charge. Mr. Inderwick, Q.C., and Mr. Bay ford were amine for the petitioner; and Mr. Searle and Mr. O. A. Middleton represented the respondent. Mrs. Frances O'Malley, the petitioner, said that she was married to the respondent on the sth March, 1872, at Little Vs alaingham. There were four children of the marriage. He was about thirty-eight at the time and she was thirty-four. While they were in Ireland he slapped her face, and about a month after the marriage be hit her with a stick and beat her. On one oeasion he turned her out at night and used bad language towards her and her children. He had pulled her hair and thrown boiling water in her lap. He made her clean his boots and constantly threw things at her. He had spat in her face. She separated from him owing to his conduct, but he having signed a paper promising to behave better, she resumed cohabitation. His conduct, however, did not improve, and he again called her bad names. Subsequently he turned her and the four children out of doors. The snow at the time was lying on the ground about , two inches deep. They went lint of all to a neighbouring cottage, and then to some friends in the adjoining parieh, and nines then she had not lived with him. Cross-examined She had not used had language towards her husband, nor spoken about his low-born family. Had been in the society of a farmer who was an atheist, but in the presence of her husband. Sir James Hannon pointed out that the question at issue was whether the respondent had been guilty of violence towards his wife. Cross-examination eontinned She signed the paper at the time her husband did, when the cohabitation was resumed. She never threw a poker at him. She dared not; he would have murdered her. He puehed bertha four children, and the servant out in the snow. She wee ready to go, and was dressed. Two of the children were dressed. It was intensely cold. The little ones cried. Two of the children were insufficiently clad ; and though she implored bar husband to let them in, he refused. She had signed a paper to the effect that her husband was not guilty of personal violence towards her, but ehe signed it by intimidation. Her husband etood over her at the time and threatened her. Re-examined She knew at the time of the marriage her husband was poor. She had no means whatever. She married him out of love for him. The Rev. George Keppell, brother to the petitioner, said that in July, 1880, his sister and the children came to his house, after which he went and saw the respondent, who said, "Oh, you are one of that beggarly Jot.' (A laugh.) Mrs. O'Malley had shown witness the mark of a bruise on her wrist. Be took his sister and the children away. As fast as he put the children into the carriage at the time the respondent pulled them out. (Great laughter.) The petitioner afterwards returned to him en his "remise to amend his conduct. A number of other witnesses were called to give evidence in support of the petitioner's ease, one of them stating that on one occasion the Rev. Bryan O'Malley threw his boots and the Bible after him wife as she was going downatairs (laugher), and that she had told him that he was not fit to teach religion, and that she would report him to the bishop. For the defence the respondent went intothe witnessbox and gave on oath an emphatic denial to the charges brought against him. Before the case had finished the jury intimated that they had agreed upon a verdict, and they accordingly found that the respondent, the Rev. Brj an O'Malley, had been guilty of cruelty. A decree of judicial separation, with costs, was granted.