A Queer Divorce Suit

New York, 1895

ABANDONED HIS WIFE FOR A SERVANT GIRL'S LOVE.

Mrs. Muhlenberg of Queens Got $12,000 for Living Expenses and Later $5,000 for Signing a Deed — Assemblyman Vacheron Seeking to Make Divorce Easy.

Justice Gaynor heard a queer divorce case in Long Island City Monday. The case was that of Dorothea F. E. Muhlenberg against George F. W. Muhlenberg.

During the trial defendant admitted his guilt, but said his wife consented. The couple were married in Germany June 13, 1859. On June 13, 1881, the anniversary of the marriage, he told his wife that he was tired of her. Then he settled $12,000 upon her, and went to live with Louise Speith, a servant girl. Up to 1889 he ate at his wife's house, and then he left her entirely. The plaintiff moved to Queens.

When Justice Gaynor asked the defendant if he had left his wife the witness replied that he had, but that she was willing. He explained that he had given her $3,000 since they parted. Mrs. Muhlenberg testified that the $3,000 which she received from her husband Was from the sale of a house in New York. The defendant had sold the house and the servant had signed the deed. When the purchaser discovered the fact he threatened to have Muhlenberg arrested. She signed the deed after she secured one-half of the purchase price.

Justice Gaynor reserved his decision.

Assemblyman Vacheron is a Frenchman. His loose ideas of marriage are exposed editorially by the New York Sun:

"Under the existing law of the state of York, marital infidelity is the only ground for absolute divorce. An effort to change the law, and to permit voluntary divorce under certain circumstances, is now on foot in the legislature, through a bill introduced in the Assembly by Mr. Eugene F. Vacheron of Queens county. The introduction is stated to be "by request," but whose request is not disclosed.

"This measure provides, in substance, that where a husband and wife have been so alienated and estranged from each other as to have lived apart for a continuous period of fifteen years, a divorce may be granted 'in case the husband and wife each voluntarily ask therefor, provided there be no minor children living from their wedlock.'

"Such a law would mean nothing more or less than the introduction of a system of voluntary divorce into our jurisprudence.

"In a few years the period of estrangement necessary as the foundation for such a divorce would be shortened, and presently we should have a statute allowing the absolute dissolution of the marriage tie after a separation not more than one-fifth as long as that contemplated by Mr. Vacheron.

"We do not regard such a change as desirable. On the contrary, we are sure that most thoughtful people will agree with us in objecting most emphatically to any enactment of this kind.

"The Assembly Committee on Codes, to which the bill has been referred, should tear it up and throw it into the waste basket."

—The Long Island Farmer, Jamaica, NY, March 1, 1895, p. 1.