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jHmADELPHIA, THUSfeDAY. NOVEMBER 30. 1922
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WOMEN FIGHT -TQ BREAK LAJV THAT SHACKLES
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HELPLESS WIFE TO MURDEROUS MANIAC FOR LIE
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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-
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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
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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
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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
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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
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Mrs. Nerman Rutherford,
who, the law says, must re
main the wife of an insane
murderer
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(naming
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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
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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.
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it impossible te clear Miss Rlchardsttt's
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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
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