Opinion
01-22-1887
HARVEY v. HARVEY.
D. J. Pancoast, for complainant. J. E. Hays, for defendant.
On bill for divorce.
D. J. Pancoast, for complainant.
J. E. Hays, for defendant.
BIRD, V. C. Mrs. H. filed her bill, alleging that her husband had deserted her without justifiable cause, and asking for alimony. Her husband shows, by way of defense, that Mrs. Harvey was guilty of extreme cruelty towards him. This cruelty consisted in the application of croton oil to his clothes, from which it was communicated to his person, causing great distress and suffering. This she continued for 14 months, before he was fortunate enough to discover the cause. During those months he employed the services of five different physicians, but none of them could discover the cause or administer relief. In 1882, Mr. Harvey was arranging to go to a parade of the Grand Templars at Chicago, and spoke of the fact to his wife, when she warned him that he would not go, and that it was useless to make preparation. And true it was, as she predicted, he did not go, because he could not, being totally disabled by the sores, pimples, and blisters on his person produced by the application of croton oil. It was this last application of her maternal method that led to a disclosure. It appears that she resorted to this application whenever she desired to prevent her husband fulfilling any of his engagements. She became so bold or defiant that, when her friends inquired of her respecting his condition, she would give them to understand that there was no use in the doctors trying to cure him,—boasting of her skill in making the application. Although she now denies making any statements admitting this cruelty, the proof is overwhelming that she did, and that she continued doing it for 14 months. That such treatment was extremely cruel and inhuman cannot for a moment be doubted. If it were possible to mention any facts in aggravation, it would be that the victim was in, all respects a reasonably kind husband, and the father of her five children, three of whom still survive.
The bill should be dismissed.