61 P. 645 | Or. | 1900
delivered the opinion of the court.
This is a suit for a divorce, brought by the wife on the ground of cruel and inhuman treatment, and personal indignities, rendering her life burdensome. The cause, being at issue, was referred to'J. S. Beckwith; and from the testimony taken by him the court found that the material allegations of the complaint were not substantiated, and rendered a decree dismissing the suit, from which plaintiff appeals.
The parties were married September 5,1887, and their family consists of their daughter, Ida, ten years old, and Ethel, fifteen years old, plaintiff’s daughter by a former husband. The plaintiff testifies that within a year after their marriage the defendant kicked nearly everything in their house to pieces, and a few months before Ida was born he struck her, causing her face to bleed, whereupon she left him and lived with a neighbor about a week, but upon his promise to treat her with greater consideration she returned to their home, the happiness of which was again soon disturbed, for just after their child was born he drove her out of the house with a pistol, saying he would soon end the business,; that at his request she undertook to keep a boarder, at whom the defendant threw a plate of soup, and, seizing a curving knife, drove him from the house; that about October, 1897, having made some light remark concerning a harness which the defendant was repairing, he told her that if she did not go into the house he would kill her with a monkey wrench which he then held in his hand, but, remaining where she stood, he came within reach of but did not strike her ; that about January 15, 1898, the defendant threatened to throw a flatiron at her and her daughter Ethel, calling them “sons of-and damned fools;” that about June 8, 1898, she requested him to
The defendant testifies that about June 8,1898, he took
Affirmed.