W$$ PpPTO :f :vwmmS'iwmMmm P'SW'k tf- M. , T ' H i ."' ,teJ.Jnai,7rrfvTflb-. JM " lp V'A li Vtf'itlb kfUiilkiii. " - 3-- ii;v't3.VWf: ,11 .fI , jHmADELPHIA, THUSfeDAY. NOVEMBER 30. 1922 ; WOMEN FIGHT -TQ BREAK LAJV THAT SHACKLES 0 HELPLESS WIFE TO MURDEROUS MANIAC FOR LIE mm "ft (.'' M ' VL . T -V VVhW " X' Wt J 'fi WVj" 'H' 3 . V. 7 Vf .V'VSU v .EVENING PrattO' lbdebp """"""""""cm 1 ( Tragic Status of Mrs. Rutherford of England Might Have Parallel in. Many States in This Country Under Existing Statutes QUFPOSE that your husband were a willful murderer? V Suppeie that your husband were criminally and hopelessly insane? Suppose that the courts of your State declared that he spend the mt of his days chained as a dangerous lunatic? What would you.de you in the prime of life? Your future and your happiness you answer would hang in the bal ance. And the scales would droop against you just as long as the bends f matrimony weighed about your neck. , He might die -yes that might be the easier .way. But supposesuppese Ke were healthy and strong physically, with Isnly brain and mind diseased? Would divorce be justified? Women of England have raised i their .voice have literally stuffed the ballet-boxes with an, emphatic "YES I" And still the laws say "NO!" And because the laws say "NO" charming woman, Mrs. Alice Maud Mary Rutherford, a devoted mother, well-born, well-bred, must unto the nd be shackled te Lieutenant Colo nel Nerman Cecil Rutherford, her husband, a raving madman. This is her story, the story en the tips of England's tongues the story that haB brought a sweeping demand for a revision of the divorce laws of England the story of mis fortune which became a political Is sue in the recent British elections an issue which brought out the heaviest woman vote in the. history of woman suffrage in the empire. Ruling Brings Demand for Change in Laws Denial of her freedom under such circumstances as these has brought condemnation upon the heads of the law-makers. Jurists have pitied her nd the state of affairs has become ae acute. that the new Conservative Unionist majority will take up the Interpretation of the English law as applied in the case of Mrs. Ruth erford. ... , And new consider, if you please, that in Pennsylvania and in many ether States where divorce laws are Dften criticized as lax the same condition could exist. Trivial things compared te the burden Mrs. Ruth erford has te bear will give a woman freedom from her mate, but Insanity of her husband? Ne! Criminal insanity? Ne! Never! Let him steal a few dollars and pend two years in prison and the courts can say: "Here, madam, Is your freedom, and with it our con gratulations." But let him turn murderously mad and blaughter the neighborhood and all you will hear is, "Serry, madam; he is your husband and you must remain his wife." "It is unfortunate but true," said Jeseph H. Taulane, a former As sistant District Attorney of Phil adelphia. "Insanity after marriage is net grounds for divorce in Penn sylvania. A man might spend fifty years in a Pennsylvania asylum and his wife could have no relief. I recall the case of Bauman vs. Bau man. The man had been in an asy lum for ten long years. A petition was filed in 1905 setting forth that ha had become insane in 1887 and had been committed te an asylum and officially adjudged a hopeless lunatic In 1900. And the Appellate Ckrert decided that under our laws even this was net grounds for di vorce. "It does seem an outrage, and I believe if a man is confined in an asylum for ten years as a lunatic a dlvorce should certainly be al lowed. A shorter time might be un fair because of temporary derange tnents, but the law as it stands is unjust and I believe that Judges and attorneys will concur with me In this. Changes Made Easily if Public insists ul believe this Rutherford case will be the cause of a change in the English laws. It will net be difficult there, because opinion is easily concentrated. One law does the trick for all of England. Forty sight lawsre necessary here' Seme of the States have insanity previsions in their laws for separa tion, of men nnd their wives. Else where the bends of matrimony, even though they tie the sane te the in sane, must remain intact." Tis no wonder, then, that Eng land has been jolted from her quiet, easy pace when a case like that of the charming Mrs. Rutherford has been laid open in all its horror nd pity. "It is my cress," Mrs. Rutherford has, said, resigned te her fate chained te u maniac for the rest of his days. "It seems hard, but there is no way of escape," The slain man, Majer Miles Carrstan Heton, was a dlreej, descendant of Lord Beten, grand old Scotchman, who, with his daughter, was the principal char acter in Sir Walter Scott's historical romance, "The Abbett." Miles Seten wus bem In 1874. He had served with the army in Seuth Africa in 1001 and 1002 and was u etfUla in the Cape Medical Cerps. Bini pads a Osaapaalen of the Bath in 10,115; wan a fellow of the Reynl College of Surgeons, n graduate of Edinburgh and honorary Anesthetist of Alfred Hospital, Melbourne. Colonel Rutherford, prier te his men tal trouble, lind engraved his name In the history of the British Army by ex treme valor en the fields of France, where he wen the Distinguished Service Medal. Ueth Rutherford and his victim were officers in the Medical Cerps of the army. Fer several years MnjorSeten nnd Colonel Ilutherferd were close friends, se intimate that Majer Seten was rod red father te the Iluthcrferds' sis lovely children. And naturally when Colonel Ilutherferd was called nway te war in the lute summer of 1018 Majer Seten visited frequently nt the Rutherford home, Mill Hill, in Londen. It was during the time the colonel was away that Airs. Ilutherferd learned meru Intimutely of the life he had led, and she adds these discoveries te her own knowledge of the abuse te which he had subjected her, nnd wrote him letters which were brought Inte the Case when her husband was brought te mm. lie uud been shell-shocked dur ing the war, nnd this was believed te have been the chief contributing cause te his dementia. His first act utmost, upon his return, was te go te a house in Helland 1'ark, where he knew Mnjer Seten might be found, and there shot him dead. Then came the trial the decision of the Court that Colonel Rutherford was criminally and hopelessly Insane nnd the nttending sentence te life im prisonment in the asylum for the crimi nal insane at Itroaumeor. Trial of Rutherford Created Real Sensation Fer three weeks the Ilutherferd trial hud been n sensation. The interest was extraordinary and the social stand ing of the portions Involved combined te put the, story en every tongue. A Corener's jury brought in a vcr- I I . B vvV m ffti iX ft K ,K diet of willful murder against Ruther ford, based en clrcumstuutiul evidence deduced from testimony given by Sir Malcolm and Lnd.y Soten and by maid servants of the sk'ten ami Rutherford households, cenllrmed by the confession without particulars of the defendant and u brief note he was allowed te wrlte te his wife after his arrest and iu which he said: "I am sorry. The worst possible has liuiilicncd. Set en is dead." The examination en remand before the West Londen Police Court was net resumed until January B9, five days after the Corener's jury at Kensington had rendered its verdict of "wjllful murder." At the Corener's Inquest, which opened en January 17, seme dramatic testimony tending te demon strate the manner" in which Majer Seten had been killed 'was presented. Slayer Made Entrance With Due Fbrmality Sir Malcolm Seten testified that the mnjer had come te his house nt about 0 o'clock, January 171. "He was shown nt once te mr smek ing room, upstairs," Sir Malcolm said, "where" my wife nnd I were seated, and we snt chatting for some time. We tnlked for about an hour, nnd then I had some urgent letters te write, and In the same room I went te my writing table and began te write the letters. "About 10 o'clock we heard the deer bell ring. The mnirl answered and came upstairs, but I did net quite catch the name she gave. She said 'Colonel Someone wishes te speak te Captain Seten.' It wns 'Captain' she said, net 'Mnjer.' The maid told me afterward that she hnd net heard the nnmc clearly, but my wife heard the name as 'Ruth erford.' My wife at once said te my cousin, 'Won't you bring him up here?' thinking it was a friend of his. My cousin then went down. Whether he wns pleased or otherwise I could net form any opinion. After they had been down about n quarter of un hour, we suddenly heard the sound of four or five pistol Bhets. The first four shots rang out in rapid succession ; then there was a pause before the In-st slid." "Did you hear any conversation?" the Corener asked. The witness re plied. "Net n word." "Did you henr a full?" "It Is difficult te say. I snranc un when I heard the shots. I rushed ut once dewnstuirs, followed by my wife. When she heard the shots she called out, 'What hus happened?' Ah I ran downstairs I heard groans. I saw the body of an officer lying In the hull. Frem just Inside the dining room the body had fallen into the hall. "Fer the moment I could net tell which of the two wn lying en the fleer, but I rushed ferwurd and saw a tall, strange officer standing in the dining room en the fur side of the tabic near the window. Said Slayer Admitted Killing His Friend "I am net very clear what I seid en the shock of the moment, but I believe I called out, 'Did you de this?' And " m ', 'lit ' fjf-jr't Jfi'rir i W ,1 I 'ffijj l ' I he said 'Yes' very quietly. He was in n curiously calm state, as if his whole mind had been concentrated en some thing which was ever 'ind he did net care whut happened after that. It gave me the impression of a man who hud decided te de something and who had done it." In opening the case for the prosecu tion before the pollen magistrate Sir Archibald llerikln said: "In a regrettable, occurrence of this bin.i one naturully leeks for nil cxnla- nation of the deliberate conduct of the .';: "is-is. i " ' ' , ',a, A:'W?' r-V. sv f "' ,v V9K :-:.'j; Ri '. v,-," '? '' t -"f i ' .' r,'". .s ,' 9 n :4&fi$ -a';'. .;?! accused. Deliberately becuu.se, follow ing shortly upon that scene at Ciii!iii1 Ciii!iii1 ten l'luce, he packs his bag, ami, us rapidly as he can, gees directly te the house In which it is clear he thought he would be able te find Majer Seten, and then, after a space in. which no sounds of quarreling or trouble of any iwim i'i u i pluce. In th 1 it is clear, w 'tien, for umn I .m.lrAf np lull Kind were ueuru, tins murder tuues lluce. In the bag, 1 venture te thin.. will ue found tnut oxpiauu expiauu oxpiauu nieiiir the letters in the little packet or bundle in the bag, which will bu produced as evidence before jeu, there nru five of them te which I wixh te draw sour attention. They range s C1 "-T m , re leuers wrlue 1 I te I. hu.lmu.1 d te her busbaml. from Jul UT. tin 1H18, and all of the by Mrs. Hutlierten Letters Frem Wife Were Read at the inquest "The first one, that of July SJ7, re.uls as follews: " 'Your long letter came this evenlm; and a few words nt the end rend my heart. Darling, havu seu ever known me merciless In refusing forgiveness? Only come back te me te help me te complete the task we undertook to gether. I bcllete my leve for eii te he the most vital part of my life, for in driviUK u out of my life 1 have suffered tortures, both mental and physical, which must surely in the eud ''?U '. '-V.'Z'a 3te '' - ' w $r JiTGk;a )Z3$ m i & & ty ?r a AZMLlt, T. 5, vV S -f3- -(! ..'.. IBBBBh tSj r ! have Killed me. Leve me with the strength of jour being ami I will net HI I. V Olll' OtteK 111 IIIU IHK-ll lilf l- pertunlty is glien ou and 1 I will be waiting as ever. "The ietmaiT: en the net is Sep tember 1 I, IIM1. It is addressed te Colonel Rutherford iu France. It is written from Caishalten l'luce and men tions dheicc preceisliugs. "Then, after an iutcrwil of some six i weeks, there is a tlilld letter, dated October 'J I, alee trem uuauaiieu riacc. It reads In p.nt: "'Dear Net man: I need net waste words in inulcliii; evplnnatleus. Your knowledge et my nature will make jeu realize what It hus cot me te write jeu these few lines. I want te gain my freedom with as little xiitTeriug for jeu as possible, and if, for the chil dren'!, sake, you will ugiee te cairy the thing through with us little publicity possible, I will hand ever the three MV chikllCli te jeu. Honestly. 1 be- lluVU lMt ",,lt weula ,,U ,llU lmI,IlUr f n , u weuW ,a k.lHt lvL, 0 some held en lite. 1 sneuhi net leci that ou were utterly broken. This Is a ditUciiIt letter te write. L'leese make the leht of my tank as easy as possible for the bake of all I have se far borne for jeu.' "The next letter is dated November 7 and runs; " 'Your letter of the .'Id has Just nr rived. My tender-heartedness anil generosity In the past were generally (liken advantage of ami used as au ad ditional scourge te chastise me. Yeu mean te tight or the children, but jeu will never get them. Yeu give me no credit for what I have done for you, lyti '',' .Y .-. ?h ''A "! ?fm WM '. N a.'V. .:?f lf. I' . ,? . 'A, ,JJ A'V i ".' ' ' v m Mrs. Nerman Rutherford, who, the law says, must re main the wife of an insane murderer . m a ' ir r tbeuch jeu knew (naming nnd I V ; two of her daughters) het! e me before any one else ami that l!y hrst-bern win loves me. and Is isioed hi in., in ii i,..i. iimi, .,,,,i ,i '-. ion miew tiv your violent tern 'er and frequent ill-usage of me veu nave siiffered In the eves of tin ehll. eren. it seems that It is better for tiiem te have one parent whom they can' respect, and for that reason I wish t suye them from the horrible sean- uui in divorce pieceediugs " -1 mi-i,, L......L . ..... my ,.,, juu nnum liinu mnviuiiiiv s s j .ir lllllKliesM M tie it. Hie mliinti" im unlk it this house 1 shall leave it and go te my parents, who will then s..a i,,h,, done for me. Your love for me is of lie wrong kind. Your love has alvvnyi been artificial. Yeu grossly abused the deepest love a woman hud for man, and the remainder of jour life will be a curse te you foreveimere. Don't think I shull be denied justice. I served you well ajid faithfully nnd shall reap the reward accordingly. Don't think you will eseape justice for having deceived me and treated me unfaithfully.' Wife Was Unhappy, She Wrete Husband "The last letter is dated November -0, mid is as follews: " 'I am very unhuppy. Mr. Bird is going te write te you about divorce proceedings, ajid lie may tell you that I still care for you, Candidly, oilier men would be no mere than episodes ill my life te me. Yeu weie life Itself, but that does net ulter the fact that life often appears very worthless, nnd I would give uny thing for a merciful I'rovidcuce te get me out of it. 1 don't vlta&iy, " ' .s. . . s . ' A $ rw, : .v.i'rA y f t.s v r'i. W; '',' .'. h", ' ' "" 5 KW '," , ', ' !,V "V- '"? ' 'tV, ', si &,;Myyj Ml-Z'AH ' -';'!: ;x-, n. Mm -iti w lli A f & M .?'. tt ) I i Ns w iJnvvaw ; ty think that ene realizes that the love I guve jeu cun neither completely ' " "r ."". repeateu, out 1 am con- .iiiuea innf ...... ...... ..Ml....- ...I, JIV.V. cbnrige and that only unhappiuess lies with you. Fleuse help me, for divorce js the only means of my obtaining happiness.' The witness then described hew Col onel Rutherford admitted the doctor, who went te Majer Solen's body, uud said. "What Is it suicide?" Iho witness replied "Ne" or shook her head ; Colonel Ilutherferd said notli netli ing. A few minutes later her husbund returned with it police constable with whom Colonel Ilutherferd went uwuy. Began Divorce Suit After Insanity Verdict Soen after Colonel Ilutherferd was pronounced Insane, Mis. Rutherford began her action for divorce, charging that her husband before the crime had committed misconduct with Miss Amy Elizabeth Richardson, his cousin, who was employed in the Ilutherferd bouse beuse bouse held as a companion. And upon the evidence of that case Mrs. Rutherford was uvvurdfd a decree last June by Justice Itnin-en in the lower court. Miss Richardson Immediately Inter vened In the action uud appealed from the verdict, protesting her Innocence I1IIP fill, DC. 1,111 ....HO Hie he st British 1 MiM O - - - Ti Court Refused ft M Free JVemakm Frem Man fTk'i Killed Fermer Chum SHELL SHOCK NO GROUND FOR PI FORCE American Judges in Many Cases Will Net Take Plea of Insanity and demanding thnt her name be clcartt by judicial decision. r The Appeal Court dismissed th charge against Miss Richardson aa4 substituted for the divorce order ' decree of separation. Thereupon Mrs. Rutherford appealed from that dteUlta te the Heuse of Lords. " By a vote of four te two, the tfibanat of the Heuse of Lords, headed by Lftril Birkenhead, declared that Mrs. Ruther ford could net be divorced. The majority decision asserts the testimony against Miss Richardson te be the word of parlor-maid who said she obtained It by hearsay. Lord Birkenhead declared this testimony te be unbelievable en its face. Injustice Is Admitted But Can't Be Helped In bis decision Lord Birkenhead ut tered a drastic criticism of the diverts laws of England, which, be said. -' 1 1 1 j V J it impossible te clear Miss Rlchardsttt's .li . ... m iiouer ami grant .Mrs. Kutb.rferd ifrnnr 3iru. KttrtisfMwi m uiiurce. "it Is evident that the argusatat which I have addressed te Your Lord ships will result, if effect U given the, in leaving Mrs. Rutherford bound la matrimony. It is an unfortunate dr eiiiustance that she should thus be tied for life te a dangerous, violent sad homicidal lunatic, after having for many year suffered, betli In body and in spirit, from his unfaithfulness and bis cruelty. He is forty-one years of ate ami she is forty. "We need take little account of his feelings. As regards her we art boead te nete thut during many mere years, unless death remove him or release her, site must leek forward te a leneliaats from which she can escape only by a violation of the moral law. Te eats this may appear a harsh and even aa Inhumane result, but such is the law of Knglund. "inn true remeay nee outside asy ceurv ei of Your of law; It lies beyond the seep ir Lordships' faculties, slttlaa? the Hill iiiiireme Appellate Tribunal. II rests with furliament (If and waaa It thinks proper) te end a state of lalaas which In a civilised cenasaHy such an intolerable hardship ttpesTS necent men aad wemta." aim in inu iiuiur ui mummy is laBaa $ "a '3 W m 1, t '4 i 1 4! I 1 m i n h ,. - tv, &Jto&&&te&2&iiiii.tei k&hi afek. !iuC jlfcir , -AVlsl')! Mr- r.f,t. i ".ftvfr..tf JjS mImsm i '.-ii'..K
Significant historical Pennsylvania newspapers