Henry Billings Brown

“ The story that a bride of fourteen, happily married, and living in comfort, if not in luxury, should immediately after her marriage enter into liaison with a common soldier, should receive him at her house in the presence of her servants, without an attempt at concealment, spend the night with him with her confidential maid apparently sleeping in the same room, should openly visit his quarters at night, taking her maid with her, is so improbable that it should only be accepted upon evidence leaving no other legitimate conclusion to be drawn from it except that of adultery. ”

“ His adultery, however, with three separate women and the birth of a child by each was proven to the satisfaction of both courts below, and was not attempted to be disproved by evidence on the part of the defendant. Under the Spanish law the adultery of the husband, to be a good ground for separation, must be accompanied by public scandal and disgrace of the wife. ”

“ This act, however, has no application to the Philippine Islands, appeals from the supreme court of which are regulated by § 10 of the act of July 1, 1902, wherein it is declared that apeals from the supreme court of the Philippine Islands shall extend to all actions, cases, causes, and proceedings 'in which the value in controversy exceeds $25,000.' These are reviewable on appeal or writ of error by the party aggrieved, in the same manner as the final judgments and decrees of the circuit courts of the United States. There is no requirement that the facts shall be found. ”

“ The letter is that of a broken-hearted woman, who is willing to make any sacrifice necessary to be restored to her husband's favor, and to submit to any humiliation necessary to regain his affection. She makes no confession of adultery, points to her 'comportment' since their separation as showing nothing that could be complained of, but in her frequent repetition of the claim she had made for her pension points to that as the source of her husband's disgust. ”

“ Article 1392: 'By virtue of the conjugal partnership the earnings or profits indiscriminately obtained by either of the spouses during the marriage shall belong to the husband and the wife, share and share alike, upon the dissolution of the marriage.'
Article 1407: 'All the property of the marriage shall be considered as partnership property until it is proven that it belongs exclusively to the husband or to the wife.'
Article 73: 'A decree of divorce shall produce the following effects: . . . ”

“ She says that when he went to Spain her pain was unbearable, that she had become completely desperate, and was advised to demand her pension because of the fact that he was going to reside abroad permanently, and she finally commenced proceedings in view of her desperate situation. So far from confessing adultery, she says that if those who wished her ill 'have told you more, they have made a mistake, for the truth about my comportment is that it cannot be complained of.' There is nothing indicating that after their separation her conduct had not been irreproachable. ”

“ Appeals from the final decrees in these (circuit) courts extend to an examination of the facts as well as the law. While, upon such review, this court will generally accept the concurrent conclusions of the trial and appellate courts, yet, as was said by Mr. ”