Bowler v. Bowler

Grason, J., delivered the opinion of the Court. The appellant brings this appeal from a decree filed by the Circuit Court for Worcester County, in equity, granting the appellee a divorce a vinculo matrimonii on the ground of adultery. The proceedings were initiated when the wife filed a bill of complaint against her husband on the ground of cruelty and in driving her from their home on May 20, 1943. This bill was answered by appellee, in which he denied the material allegations of the bill and thereafter filed his cross-bill, alleging adultery.

The wife, in her answer thereto, denied this charge. The case was tried on these pleadings in the lower court, who heard the entire evidence, with the exception of a witness whose deposition was taken and filed in the case. These parties were married in the State of Virginia on July 27, 1938. Shortly after their marriage they moved to Pocomoke City, Maryland.

The husband purchased a hotel in that city, known as “Parker House” and afterwards known as “Hotel Pocomoke.” They came ⁴⁹⁵ to this hotel when they left Virginia. They have no children. The husband was engaged in buying and selling horses and mules and every Thursday he was away from home at night and every other week on Tuesday, Wednesday and Thursday he was away at night. His business required him to make long trips to purchase horses and mules and he could not return at night.

These business trips by the husband started from about the time they came to Pocomoke City and continued until the separation of the parties. When at home, the husband was busily engaged in his business, going from the hotel in the morning to the stables and remaining away the entire day, with few exceptions, until evening, when he returned to the hotel, ate his supper, and generally retired about nine o’clock at night. His wife managed the hotel. She hired the help, purchased the provisions, deposited the receipts in bank and paid the bills.

In February, 1943, the husband came home and retired to an apartment on the first floor, which he and his wife at that time occupied. The wife was out when he came home that evening, having gone to a restaurant for the purpose of getting some clams. The husband looked out the window, about 11:30, and saw his wife leaning against the car of Francis Hickman, who was a town policeman. She stayed there for thirty-five minutes, laughing and chatting in free and easy manner with Hickman.

He upbraided her about this when she came in and she said she was simply talking to the man in a friendly way and saw no impropriety in her behavior. After this the appellee, if not suspicious, was at least disturbed by the incident. He testifies to some instances when he returned to the lobby after he had retired for the night and Hickman would be there and his behavior toward his wife was free and easy and met with his disapproval. His-relations with his wife from February, 1943, until the separation on the 20th of May, 1943, were at times strained.

He told her if she wanted Hickman she could ⁴⁹⁶ have him and that he would enter into an agreement of separation with her. At one time the relation between them was so strained they agreed to sell the hotel and divide the proceeds. The property was placed in the hands of Mr. Child, who actually advertised the hotel, but the sale was withdrawn. Appellee states that his wife’s manner and disposition toward him changed and he was suspicious of her; but on occasions when he talked to her about his suspicions she always persuaded him that he was wrong, stating that he was the only man she wanted, and these talks always ended in what he thought was a reconciliation.

He ordered Hickman to stay out of the hotel. On a Sunday night in May, 1943, he and his wife were in their rooms on the second floor of the hotel and his wife was arranging to retire. There came a knock on the door, which he answered, and a woman whom he had never seen before asked to see his wife. He called to his wife and she didn’t respond.

He called a second time, when his wife, in negligee, appeared, rushed past this woman, went down the steps and out of the hotel into the street. While the wife was seeking Hickman, the woman, who was a stranger to the husband, told him that she was Hickman’s wife and gave him certain notes (termed in the evidence “love notes”), which she had found in her husband’s wallet. These love notes were admitted by the appellant to be in her handwriting. Mrs. Hickman told the appellee that his wife was breaking up her home.

When Hickman learned, through the appellant, that his wife was in the hotel he went after her. Mr. Bowler stated he carried her bodily out ■ of the hotel. Appellee further testified that after this incident he did not have marital relations with his wife. On May 19th he was at Norristown, Pennsylvania, •on business and he did not intend to return home until Friday and he was not expected home until Friday.

Appellee testified that the scene caused by Mrs. Hickman’s visit aroused and further strengthened his sus ⁴⁹⁷ picion of his wife’s relation with Hickman, and he determined to drive home from Norristown on the night of May 19th; that a business associate was with him, who drove the car, and when they arrived at the hotel, about five o’clock in the morning, his friend drove his (appellee’s) automobile to his home, which was about twelve miles from Pocomoke City. He went upstairs to his room, which adjoined his wife’s room. At six o’clock in the morning he heard a tap on his wife’s door. The door which entered into the hall from the room he occupied was bolted and the door which entered the hall from the adjoining room, which his wife occupied, was latched.

He got up, unbolted the door, and by the time he had opened the door his wife was at the door of her room and Hickman was standing there. He had his hat off, his holster and revolver had been removed, and he was in his undershirt. He asked him what he was doing there and cursed him. Hickman replied that he was only doing a favor, that his wife had asked him to call her at six o’clock and that he had permission to use the room across the hall to relax after his night’s work.

To which the appellee replied: “You only live three blocks from here, why don’t you go home with your wife and baby and relax at home?” The appellee afterwards went into the room across the hall from his wife’s room and there he found hanging up Hickman’s pistol and holster and his shirt and cap. Hickman said at that time that he would not do him any more favors by calling guests who wanted to be awakened in the early hours of the morning. This was on the morning of May 20th and appellee told his wife and Hickman to get out. She left in her nightgown, drove her automobile to the home of friends, where she was received.

Elsie Manuel, a colored chambermaid, stated that she was in the kitchen on the morning of the 20th of May, 1943, when Hickman came in the back door. He asked her if the appellee was home and she told him that she did not think he was home and that Hickman then went upstairs. This witness, together with two other em ⁴⁹⁸ ployees, Ruby Gertrude Riley and Iona Esham, testified that it was a common occurrence for Hickman to visit the hotel in the morning and go to a room on the second floor, where he, together with the appellant, remained until as late as after five o’clock in the afternoon. They had meals sent up to them, and whisky.

She was seen in that room with Hickman, she in her nightgown, and he in his undershirt and shorts. After he left on these occasions the bed clothes would be soiled and there would be evidence that indicated that the bed had been occupied. There is evidence in the case by these witnesses that a sign would be hung out the back door with the legend, “Not in.” That this was to indicate to Hickman that the appellee was not at home. That if the sign did not appear it meant that he was home.

There was also testimony from these three employees that Hickman would ' come in the hotel after appellee had retired, and engage in acts of familiarity with the appellant; and that appellant would come out of her room in her night attire and kiss Hickman good night. These three women who worked in the hotel also testified that appellant was in a room with a soldier boy named “Monty” upon two occasions. There is also evidence in the case that the appellant gave Hickman presents and that when she took a trip out of town Hickman would likewise take a trip out of town. . The testimony of these three women who were employed in the hotel is corroborated by Qtho Taylor.

He was on the police force of Pocomoke City and was, therefore, a fellow officer of Hickman. He testified that between the period of January first and May 20, 1943, he received a message from Hickman, which was delivered to him by Elsie Manuel, and in response to this message he went to room No. 4 on the second floor of the hotel, between three and four o’clock in the afternoon, to- see Hickman. That when he knocked at the door Mrs. Bowler, the appellant, answered and he asked to see Hickman. Hickman asked him to come into the room.

That in the room at the time were Hickman, the ⁴⁹⁹ appellant, and Ruby Riley. That Hickman had his top shirt off and was in his shorts and undershirt; that Mrs. Bowler, the appellant, had a night robe on and that Ruby Riley was dressed. That he was there about five or ten minutes, standing in the doorway; that Hickman asked him if he would work for him a while at night and that he did work for him that night until around eight o’clock. Mrs. Hickman testified that she had begged her husband to give up the appellant; that before she entered his life he came home from work and stayed home, but that since his attention to appellant he would stay away until late and that when he came home it would be to fix himself up and go out.

Mrs. Gibbons, who occupied a room on the same floor with these parties, said she heard the conversation between Mr. Bowler and Mrs. Hickman; that Mrs. Bowler was breaking up her home; and that she saw Mrs. Bowler run down in her housecoat and saw her cross the street “to get Mr. Francis Hickman out of a car to get — I hate to say the word — to go get the bitch and bring her down.” “Q. What did Mr. Hickman do? A. He went up and brought his wife down. When they were going out he said, ‘You think you have done something.’ She said, 1 told you I would do it.’ Q. Is that all you heard her say? A. I heard her crying and saying that.

And I think she gave him a note. She says, ‘Here is a note for you to see, Mr. Bowler. Your wife is breaking up my home’.” She said that at the time the door leading from the hall into Mr. Bowler’s room was open and that her door was open. There was further evidence that the appellant was seen at night in a car with Hickman upon three occasions.

This testimony was denied by appellant, Hickman, the corespondent, and Mrs. Bell, who is an aunt of appellant and by whom she was raised. It was further testified that two of the rooms in which employees stated Hickman would spend the day with appellant were turned into a gambling parlor and that they were ⁵⁰⁰ used for that purpose from sometime in January until sometime in March. Hickman testified, as well as other witnesses for appellant, that it was customary