Rasch v. Rasch

Briscoe, J., delivered the opinion of the Court. On October 22nd, 1903, the wife (appellee) filed a bill in Circuit Court No. 2, of Baltimore City, against the husband, (appellant), for divorce a mensa et thoro, on the ground of desertion and cruel treatment. To this bill, an answer was filed by the husband, denying the allegations set out therein, and charging the wife, since her marriage w.ith him, with the crime of adultery. On the 9th of January, 1904, the husband filed a cross-bill against the wife, for a divorce, a vincitlo matrimonii, for adultery with one Michael J. Dellahunty of Baltimore City, between the first day of August and the nth day of October, 1903, and with divers other men who are unknown to him.

The bill also charged illicit carnal intercourse with other men, unknown to the plaintiff, at the time of the marriage. These allegations were denied by the wife in an answer to the bill. A replication was filed to each bill, and the case was heard on the bills, answers and proof. Both bills were dismissed by the Court below, and from the decree dismissing the cross-bill, an appeal has been taken.

There is no appeal from the decree dismissing the original bill. The rules of law applicable to this class of cases cannot admit of dispute, as they have been settled by numerous decisions of this Court. They are clearly and fully stated in Kremelberg v. Kremelberg, 52 Md. 553 , and Shufeldt v. Shufeldt, 86 Md. 529 . The proof, in the case at bar is quite voluminous and as ⁵⁰⁵ usual in these cases is somewhat, contradictory.

It would not aid the conclusion we have reached to review it in detail, or to prolong this opinion by attempting to reconcile the glaring conflicts in the testimony of some of the witnesses. The sole question on the appeal, is whether the charge of adultery, alleged in the cross-bill is supported by the testimony, and we shall state only the material parts of the testimony bearing on this question. The appellant and appellee were married on the 15th day of January, 1903, and on the 22nd of October of the same year a bill for divorce was filed by her. They lived together as man and wife, until the nth of October, 1903, when he left his home, and took with him his household effects.

The basis of the suit rests upon certain letters which the husband found on his wife’s bureau, on his return home, on the nth of October,'1903. Two of the letters were from Dellahunty, to the appellee, dated October 1st, 1903, signed “Del,” and addressed the wife as “dearest.” They contain, expressions of the following import, “I however will be at the meeting place designated Saturday evening.” “I would much prefer to be with you and you alone.” “I wish you would * get away to-morrow evening Friday, but I suppose you can’t, for I want to see you and be with you more than I can tell you.” “Let me know by return messenger if you can see me to-night, if only for a moment,- as per our arrangement of last evening, let me know where and the exact time.” “Will send you flowers this afternoon, accept them with my fondest hopes for the future.” The wife’s letter to Dellahunty, is dated the nth of October, 1903, was sealed, and contains such expressions as “Dearest Della,” “sweet letter received,” “meet me at our same place (M. & N.) at 8 P. M.” “Excuse hasty note this time, as it might be dangerous.” “Do not fail to come.” “Lots of love, I am, Yours, Leonore.” In additon to these letters, there was testimony by the wife, that she had met Dellahunty, on