Opinion
03-26-1910
GRISCOM v. GRISCOM.
Divorce action by Mary S. Griscom against William D. Griscom. Decree for defendant. W. B. Wolcott, for petitioner.
Divorce action by Mary S. Griscom against William D. Griscom. Decree for defendant.
W. B. Wolcott, for petitioner.
GARRISON, V. C. I cannot advise a decree in favor of the petitioner in this suit. The testimony of the wife is that the husband indulged in sexual abuse of her, and caused her suffering, and that she underwent operations as a result of his sexual abuse of her. After the last such operation she testifies that the husband came to her and requested her to forgive him, which she refused to do; she then stating to him that she was "done with him." Thereupon he left her father's house, where they were stopping, and took his things with him. Some months afterwards he returned to see her, and requested her to resume living with him, stating that he would behave properly to her. She refused to do so, stating that she "preferred a certainty to an uncertainty," and that, owing to her past experience with him, she was afraid to return. Upon this state of facts the wife could only succeed if she proved that the husband had been guilty of extreme cruelty to her. Assuming that her own testimony shows extreme cruelty, there is absolutely no corroboration of any of it. The only thing that is corroborated is that she did have certain operations performed upon her by physicians who, it is stated, are now dead. There is no testimony save her own as to the alleged sexual abuse, or as to any condition in which she was as the result thereof, and there is no evidence, excepting her own, that the operations were for any condition attributable to any conduct of the husband. There is some corroborating testimony that the husband was profane in her presence and swore at her, or something of that sort, but even this is most general, and certainly does not come within any case dealing with extreme cruelty.
For lack of corroborative proof I am constrained to deny the prayer for a decree in this cause.