Splitting Headaches (November 2000 | Volume: 51, Issue: 7)

Splitting Headaches

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Authors: Ellen Feldman

Historic Era: Era 10: Contemporary United States (1968 to the present)

Historic Theme:

Subject:

November 2000 | Volume 51, Issue 7

1735: THRALL V. THRALL

Although desertion provided adequate grounds for divorce in Connecticut, William Thrall decided to allege adultery as well. Hannah Thrall, who risked losing rights to his substantial property, fought back in kind. For the next several years, members of the tightly knit community of Windsor paraded through an austere New England church giving lurid testimony. Neighbor stopped talking to neighbor, and relative to relative. The court finally refused the divorce on the grounds that a husband whose behavior drives his wife away is himself the deserter. In 1739 William died, leaving Hannah a 36-year-old widow with a hefty nest egg and a flaming past that set the standard for American divorce scandal.

1760: LUFKIN V. LUFKIN

When Stephen Lufkin charged his wife with adultery, and William Haskell testified that he had indeed had sexual relations with Tabitha Lufkin, the court not only granted Lufkin his divorce but also took note of Haskell’s testimony that Tabitha had said that if he refused her, she would find “Some other Man For She Did not Love her Husband Lufkin.” Since there is no record that either Tabitha or Haskell was punished for the crime of fornication, we can assume that the no-love defense had entered American law.

1849: BUTLER V. KEMBLE

The defendant was Fanny Kemble, the toast of both the British and American stage. The plaintiff was Pierce Butler, of a Philadelphia family that, in former President Martin Van Buren’s words, “for three generations has been the curse of every woman connected with the name.” The celebrity divorce had arrived. Fanny countered her husband’s long list of grievances with a narrative citing a few of his many infidelities; the judge refused to admit it as evidence, but the press didn’t share his scruples, and the newspaper accounts turned the tide of opinion in Fanny’s favor. Fearing that Butler was squandering her daughters’ inheritance, she withdrew her defense and accepted his terms anyway. Settlement by financial attrition would become an American tradition.

 

1849: FORREST V. FORREST

 

Another well-known actor, Edwin Forrest, drove his lovely British-born wife from his house (literally, in a carriage); she then sued for divorce, and in an orgy of accusations, friends, acquaintances, and servants lined up to testify. Some said Mr. Forrest frequented houses of ill fame and had been seen leaving his leading lady’s hotel room early one morning. Others swore that in her husband’s absence Mrs. Forrest had turned his home into “a common resort for some of the most notorious roués and libertines of New York.” The jury found him guilty of adultery and awarded her a handsome $3,000 a year.

1869: MCFARLAND V. MCFARLAND

In October 1869, as the recently divorced Abby Sage McFarland prepared to marry Albert D. Richardson, a well-connected former Civil War correspondent, her ex-husband, Daniel McFarland, burst into the offices of the New York Tribune and shot Richardson in the