99 Iowa 93 | Iowa | 1896
Lead Opinion
I. These parties — young, intelligent, educated, of good habits, and highly esteemed by their acquaintances — were married on January 80, 1890. Their surroundings gave promise of a happy married life, yet since April 20, 1894, they have lived apart from each other, and the plaintiff is now demanding a divorce upon the grounds already stated. We are not to 'determine which of these parties is at fault, or most at fault, in bringing about this unfortunate estrangement that has arisen between them. We'are to determine from the evidence whether either or both of the causes for divorce alleged are established, and we first consider the charge of adultery.
Mr. Edwards, clerk of the hotel, testifies as to the arrival, registering, and departure of the defendant and Miss Howe, as already stated. He says: “I saw them quite often on the balcony. Always together when I saw them. I am not up in the halls. I. don’t know how much they might have been together. Every time I saw them they were together. They came to their meals together; came into the dining room, sat together.” He states that on Monday evening Mr. Bell, of Council Bluffs, registered for lodging; that while sitting in the office, they observed the defendant and Miss Howe come onto the balcony; and that Bell informed him that the defendant was a married man. He testifies that Mr. Bell, being an architect, and desiring to look through the hotel, which was a new one, he went to show him around. “I went to show him the back parlor, and ran onto these folks sitting on the settee there. I excused myself, but did not light the light. The parlor was a double parlor, with folding doors between.” This witness being
Mr. Barnhart, proprietor of the hotel, testified that there was no watch kept on the third floor; that it was possible for a guest to pass by the hall, from one room to another, without being seen. He says: “About 9 o’clock Sunday morning I was passing along the third floor hall, and looked into the room 60, occupied by Miss Howe, and I saw Mr. Aitchison sitting in the doorway. I went to the chambermaid on that same floor, and instructed her that if the door of No. 60 was closed, and she had any reason to think that the gentleman was inside, to call the office at once. This chambermaid was Miss Lettie Burris. At about 10 o’clock on Sunday they came down to the public parlor. I saw them frequently during all of Sunday, either in the main parlor or in the gallery. They sat most of the day in the corner of the gallery. I saw them again at night, between 8 and 9 o’clock, in the back parlor. At that time there was a light in the front parlor, and on going back into the back parlor I saw them sitting very close together on a small sofa, and I immediately turned on the electric light in the back parlor, and turned round and walked out. At that time A. Gf. Edwards was night clerk, and is now in my employ as day clerk. Webb Lively was day porter, but is not now in 'my employ. Harry Barnhart was day clerk.” Cross-examination: “The conduct of these parties appeared to be that of. lovers. They were together all the time during the day, and acted lise two people would who were expecting to
Lettie Burris, employed as chambermaid, testifies that she saw these persons on Sunday morning in the same room. “They were sitting on chairs close together, and he was holding her hand. * * * As •I passed along there that Sunday the door was wide open, I think. They occupied separate chairs. It was half past 10 or 11 o’clock. They were in room 60. After that time I did not see them to notice them. Mrs. Barnhart was with me.”
Mr. Bell testified to seeing the defendant and some lady sitting together on the balcony Monday evening; that about train time they went to their rooms, as he supposed, to get their baggage, returned to the balcony, and went into the parlors, sat awhile, and then went to the train. He testifies to going into the parlors with Mr. Edwards, and seeing these persons. He says: “There was no light in this parlor, but the door between the parlors was not closed. * * * The door was open between the two parlors.
Webb Lively, a colored man, employed as janitor and train caller at the hotel, testifies, that he showed the defendant to his room on his arrival, and waited on him with water, etc. He says: “He had such a pretty nightshirt; I asked him about it. I said: ‘That is the prettiest nightshirt I ever saw.’ He says: T have got to have these things. I expect a very dear lady friend.’ I didn’t ask who.” Being asked whether he saw these persons in the same room, together, he answered: “Tes, sir; I saw them in room 58 together, alone, Sunday, but 1 do not remember what time,— whether evening or morning. I think it was when I went to call them to dinner. He was sitting on the bed. She was standing right in front of him, and he had one hand around her waist. I never noticed where the other hand was. That was in his room.” He also testified that he saw them again, “once in room 60, the same day. While passing the room I saw them. He was sitting on the cane-bottomed chair, a big chair, and she was sitting right on the arm, like this, she talking. It was in room 60, as I was passing. The door was open just a crack. He had his arm around her waist, and she had her arm around his shoulder.” He also testifies, that at the depot they kissed and said goodbye. She got onto the train, and he got on too. He states on cross-examination, that he thinks he had gone to call them to dinner at the time he saw them in room 58, because of some of the wires being displaced so that the bells would not ring, that the door was ajar over a foot, and that they could not readily be seen from the hallway, unless a person would stop. He also states: “Both were dressed. I noticed no disarrangement. She was just standing. Their heads were close together. I never heard a word.”
Concurrence Opinion
I concur in the result, but dissent from the conclusions of the majority on the first point in the opinion.