172 Iowa 329 | Iowa | 1915
The parties were married in Indiana, in January, 1891. The plaintiff was 17 years of age and the defendant 10 years older. For two years, they worked a rented farm in Indiana and then moved to Pocahontas county, Iowa, where they bought a little farm. Their assets at that time consisted, in the main, of about $2,000, which had been earned by the defendant prior to the marriage. They occupied the Pocahontas county farm for a period of 11 years. Meantime, they purchased additional land, until they had a total of 176 acres. At the expiratibn of 11 years, they moved to Fonda and rented the farm. Three or four years thereafter, they moved to the farm and there" continued until the spring of 1911, wfyen they moved to' Fonda again. Three daughters were born to them, "two of whom are married. The youngest is 11 years of age and is in the custody of her mother. Both parties have been concededly frugal and industrious and have contributed their full share to their material success. They have succeeded in a material sense. Their farm is valuable and is unencumbered. They have a comfortable home in Fonda and more or less personal property. They have been fortunate in many respects. They have had no bereavements in the family and no financial losses. In short, they have had no troubles except those which they have actively made for each other. Nothing is lacking to their present" contentment and enjoyment of life — but love. ’
Plaintiff’s ground of complaint is cruel treatment. The entire married life of the parties is rehearsed in the record. Many little incidents are recited that are gray with age. They are not very impressive nor very material, and we" shall not dwell upon them. Our attention will be confined to two or three definite occasions.
Some of the witnesses described the defendant as a man of not many words. The manner of his testimony herein is somewhat indicative to that effect. His evidence, as it appears in the record, is not very satisfactory. It appears to have been elicited with much difficulty and in response to much
Turning iioav to more specific details, Ave Avill go back 10 years only. In 1902, on one occasion, the defendant inflicted some punishment upon the two older daughters. The cause for it was rather slight — a broken saucer, resulting from some little foolishness of the children. The plaintiff remonstrated with the defendant, perhaps unwisely, for the alleged severity of the punishment. The defendant was greatly angered thereby. He was guilty at that time of very violent conduct. He inflicted no injury upon the plaintiff, but he struck the door several times, by Avhieh she was standing. This Avas done with an iron poker and resulted in the splitting of the door panels. This conduct appears to have been a method o-f giving vent to his anger. He could have struck the plaintiff, but did not do so, although the blows came very close to her. This conduct Avas, of course, cal
In February, 1911, a very serious quarrel occurred, which resulted in hard blows, x The plaintiff undertook her own defense with a poker. The defendant contends that she was the aggressor and that she struck him with the poker upon the head. He concedes that he was aroused to great anger and that he struck her a hard blow in the face. He contends, however, that he did it with the open hand only. In the quarrel of words which preceded these blows, the plaintiff was not free from aggressiveness. Whether .she struck the defendant or not is in dispute. That the defendant struck her hard in the face is conceded. We are not ready to believe that it was done with the open hand. The' clenched fist was more consistent with the frenzy of anger which he concedes. The plaintiff left home at that time and received some medical attention. She afterwards returned to her home, but they have never since occupied the same bed.
We have avoided the mention of one circumstance of. great ugliness, which has been much discussed in the record. This relates to the charge of the attempted poisoning of the plaintiff by the defendant. The evidence is largely circumstantial. Some of the circumstances are very significant. The explanatory testimony of the defendant is not wholly satisfactory. And yet the chances of wrong conclusions are very great. Much depends upon a mere date. This wás not