Clare - Divorce Suit (Barton vs Barton) July 10, 1915 *********************************************** Ireland Genealogy Projects Archives Clare Index Copyright ************************************************ File contributed by: Aileen Wynne aileen@wynnesofireland.info November 20, 2021, 3:22 pm DIVORCE SUIT (BARTON VS BARTON) JULY 10, 1915 Clare Champion July 10, 1915 Divorce Suit Story of a husbands shocking cruelty Told by wife and children Judge Moloney grants a separation: At the Clare Assizes on Tuesday evening, before Judge Moloney, a petition for a divorce, a measna et thora was heard. The petitioner was Mrs Margaret Barton, now of Limerick, and the respondant, Patrick Barton, a farmer of Sallybank, Broadford. Petitioner sought a divorce from her husband on the grounds of continuous cruelty. Mt P.D. Flemming K.C. with Mr I. Phelps, B.L. (instructed by Mr Moran, solicitor, appeared for the petitioner. Mr P. Lynch K.C. with Mr J. Fitagerald B.L (instructed by Messers Connelly & Co. solrs, appeared for the respondant. Mr Flemming, detailing the case, said the parties were married on the 14th February 1893. The petitioners maiden name was Crowe, and she belongs to respectable people of the farming class living in that locality. There were 11 children of the marriage, nine of whom are alive. The oldest of these are now in America. It would appear that the respondant was a man of very violent and brutal temper. For the past five or six years he had frequently assaulted her in a violent manner. He threatened her life and threatened to shoot her. On at least three occasions, he turned his wife and children out of the house and they were obliged to seek shelter elsewhere, because of the fear and terror which he had inspired in them. His wife never deserved this conduct from him, still he persistently got on with violence. He assaulted his children in their mothers presence for nothing , and continued to do everything calculated to wound a mothers affections for her offsprings. In 1908 the ill treatment continued. It went on systematically until on the 22nd August it culminated by the petitioner leaving her husbands house for good. In 1908 he struck her and knocker her on the floor. On three occasions he put her out of the house and she was obliged to seek shelter from the neighbours. In 1913 the abuse continued. He spat on her face, and on one occasion actually bit her on the arm. In July 1913 he assaulted her with a whip. She was perpetually threatened by him that he would take her life. He also made accusations against her as to her morality with regards to certain neighbouring farmers. He called her very foul names, and also made improper allegations as to the children, which were all absolutely without foundation. She led a terrible life with him. He forced the three eldest children to America so that they would be out of their mother presence. As time went on his hatred for them was increasing. On the 31st January 1914, he struck his wife with a horse collar. On the 10th February 1914, he struck her and knocked her and when she was down he kicked her. The poor woman had got into a terrible state of despair. She took him before the magistrates and he was fined and bound to the peace for 12 months. Fr Kennedy, their Parish Priest and Fr Smith CC. endeavoured to affect a reconciliation between them. The husband continued his violence and insult, told his children not to mention the name of their mother. Again the parish priest came. This time he made them shake hands. No sooner had this reconciliation been affected through the instrumentality of the parish priest, then he broke out again and went over his old course of bad conduct towards his wife. He struck her with a chair. He got a revolver and kept it loaded in he bedroom, and used to fire shots about the place. On one occasion he lifted one of the children named Patrick, and told his to raise his feet, and split his mother skull with them. It was violence and conduct such as that that had driven this woman to take this course. Her health was giving way. She was a slave in her own house. Her children, against whom the violence of their father was also directed, had to leave the house often for months at a time. On the 23rd April he went into her room, took the bed clothes off her and said he would burn her. She got into a state issued summons against him, and the magistrates, who were unwilling to do anything which would be against permanent harmony, adjourned the case for a month to give the parties a chance to become reconciled. The priest came again and after he had gone, the husband said she could do no more now, and attacked her and called her scurrilous names, which counsel mentioned, and putting his clenched fist up to her face said he would, before many months give her greater reason to go to Broadford that she had before, and that she would never forget it. Mrs Barton was not now a shadow of her former self. She had no clothes. The same clothes were worn by her every day of the week. His Lordship enquired if the respondant could afford clothes. Mr Flemming Yes - He had lots of stock. His valuation is £18. Counsel, continuing said the lady made application for alimony, which she got, but which her husband never paid her. She had left the house for good since 22nd August 1914, and this was in September 1914. Before they left, the defendant had begun to starve them. He used lock all the food from them. Under those circumstances, counsel submitted, when he proved his case, he was entitled to a decree. Wifes evidence Mrs Margaret Barton was then called and deposed that she had 11 children. Three of them were in America, two died in infancy, and she had six with her. In 1908 her husband began to abuse her; he called her bad, foul names. He struck her on the face and knocked her on the floor. He told her that he would shoot her, or that he would never stop until he had put her into the asylum, or put her out of the place by starvation, or some way or other. He was going on with that sort of talk to her every week in the year. In 1909 he told her he would hang for her and he did not care what became of himself so long as she was gone before him. He made reflections on [all he?] children. In 1910 he continued his violence. He threatened to take her life and she and the family had to leave the house form him three times. He made accusations against her [There's a line on the microfilm and the last line (or more) is missing from the microfilm.] worse and worse and more violent and her health was beginning to decline. Had you apprehensions for your personal safety. Yes I was always afraid of my life. He nearly choked me one night. In 1912 he was still worse and continued to threaten her. She had to sleep out of he house twice at nights. He also put the children out one night and broke the furniture and the delft and often they had to be out of the house by day form him. He told them that he would burn her to a cinder and he would drive bullets through her. He got a double barrel gun and used to keep it loaded in the room with him every night. He also kept a revolver loaded in the room with him. She was afraid he might shoot her. In 1913 his attitude was very bad and threatening, he spat on her face and bit her on the arm. He called her ?Kitty O?Shea? and bad names also. He left the print of his teeth on her arm and it was discoloured and sore for some time. He gave her three hard strokes of a whip later on in the presence of her children, and she was screaming. The children were in a state of great terror. He used call her bad names in their presence. He again threatened to shoot her. In January 1914, he struck her with a horse collar. She was saying nothing at the time when he came up behind her at the fire and did it. On the same occasion he took the room door off the hinges and ran after her daughter Lizzy with it. They both had to run out of the house from him. In February 1914 he knocked her with a blow of his fist in the face and when she was down he kicked her on the back. The children were roaring and crying about the place. She had to leave the house and he said he would shoot her if she came in again that night. Herself and Lizzie slept that night in the cow house under the cows heads, in the hay. Soon after that he held a revolver to her face. At other times he would say: ?Are you there Kitty? I will drive bullets through you?. He used fire the shots from the door of the house and to tell the children to shoot anyone who would come into the yard when he would be away. They were in a frightful way with him. On the 23rd February 1914 they issued summonses against him and he was fined 10 shillings with 3s 6d costs and bound to the peace. He told her never to come inside the door again. He would not allow her daughters to do anything for her. Because of Father Smiths intervention, one of the children who had run away from the house came back, and he was only there one night when the defendant threw him out and he had to go away again. Father Kennedy tried to bring about reconciliation after the Petty Sessions proceedings. He came to the house and got them to shake hands with the priest was not going to hours when she [sic] was as bad as ever again calling her foul names and displaying a violent attitude towards her. He told he would shoot her and hang for her. He locked all the food , the meat, tea and suggar [sic] butter and meat and everything from them. In April,1914 ,he came into a sofa in the sitting room, which she had converted into a bed, and he took the clothes off her saying he would burn her into a cinder. He asked for his supper. It was ready but he would not take it. He locked her bed clothes and she had to sleep with her daughter. On 11th July 1914, she issued another summons against him, and it was adjourned for a month to see if a friendly arrangement could be come to between them. He told witness never to come under the same roof with him. Father Kennedy came again. He tried to settle matters, and when he went her husband said she would have cause to remember that day. Mr. Lynch said there was not a single word about all this in the petition. It was expressly pleaded that there was a comdonation [sic] and there was not a single word of reply. Continuing, witness gave further evidence of violence and abuse of to the 22nd of August, when she left the house not being able to ?stick? it any longer. As regards the butter, he said if she made any he would scatter is about the fields with a shovel she went from her husband's house to Limerick and went from there in the evening to her brothers house. She had no clothes and he had to buy clothes for her. The children followed her out of the place. She was allowed 10s per week alimony, and he did not give her one penny of it. He has 4 cows, 22 cattle, one horse and a mule. He now has all his stock sold. He would not allow her to use the jennet to take her to town, or to Mass. Cross examination Cross examined by Mr Lynch, witness said her daughter (Lizzy) did no work on the farm. He hunted her in 1911. She went to the house of a first cousin of his in Kilkishen. She came back the following Christmas, and he put her away again, and said he would not leave a single child to her ? that he would put everyone of them across the water. Her daughter (Lizzy) got a letter from Mr Moran, solicitor, who was then acting for the defendant on the 5th August 1913. Mr Lynch proposed that the be read. Mr Fleming objected. The letter could not be evidence. Mr Lynch (to witness) you know your daughter Lizzy was asked in that letter if she desires to go to America, and that if she did the defendant would pay her passage. Yes. Would it be true to say this when your husband went to Mr Moore and there were bruises on his head due to the violence of you and your daughter towards him? It would be false. Why was his head damaged at the time? Yes; he fell one evening taking a sack of flour into the house and hurt his head. Nobody assaulted him with a stick? Yes: I struck him on the hand one time with a rod when he bit my arm. My daughter also gave him a blow one time to keep him from assaulting me until I escaped. Further questioned witness said husband often kicked the teapot and said there was arsenic and predicted acid in it. The police barrack was within half a mile of her, and she never made any complaints about him. She sent her daughter to school to Limerick and her uncle was paying for her there. She also sent the children to Clonlara school where her brother was the teacher and her husband did not object to it. Was it not over sending the children to Clonlara that the trouble began? No. Did you husband object to them going there? No, but he wanted to keep them at home from school. She knew her husband was trying to sell the grass of his farm at an auction in Limerick and she prevented him from selling it. Did you assault a man named Boland who came to assist your husband at his work? Yes, he was bringing those people there and he would not let his own children do his work. She was now living with her family at Castleview Terrace, Limerick. Lizzie Barton, 21 years, deposed she was fourth of the family. She corroborated her mothers evidence in detail as to the abuse and various acts of violence which she was the victim while she (witness) was there. She also deposed to the attacks on herself as stated by her mother. Mr Fitzgerald - Have you persistently encouraged your mother to make life unpleasant for your father since you came back in 1912? No, for I was not of terror, and shortly afterwards she long there until I had to leave again. Martin Barton, 15 years also corroborated his mothers evidence and said his father throw mud off the road at her face. He was also the object of attack from his father. At one time he threw him out of the house on his face. Witness had to leave the place. He would not get anything to eat except potatoes. Cross examined by Mr Lynch - Witness admitted assaulting a young lad named Boland, whom he found on his fathers land, because the Bolands said they would beat him (witness if they caught him on their land. Mr Flemming - Your occupation now is carrying publicans, bottles and washing them like David Copperfield? Yes. James Crowe, brother of the petitioner deposed he was a farmer. When she came to his house in August last she was in as wretched state - weak and exhausted and her clothes were very bad. Cross examined by Mr Fitzgerald - Did you threaten to bring a party of men to attack this man at any time? No. The Defence Opening the case for the respondent. Mr Lynch said there were several incidents sworn to be the petitioner with particular accuracy, and there was "not one word about them in her petition". One matter that was very strongly relied upon was the insufficiency of food in the house. There was not a word of that in the petition either. What really happened in this case was that the woman and her family wanted to live a life much above what they were in a position to afford. This poor man, who was trying his best to make ends meet, found it impossible to go on in the face of this extravagance. Neither could he stand the nonsensical idea of going on visits for twelve months, which his family used to do. When his family grew up they only wanted dancing at the house and cycling around the roads (laughter) There was never ay trouble between the man and his wife until the past five or six years, and it was apparently about the education of the children that the unpleasantness arose. This woman wanted the children to be sent to Clonlara school, where her brother was teacher, and she did send them. Fr Kennedy eventually restored friendship between them in July, and since the respondent would swear nothing had occurred in the way of unpleasantness. Everything went well until the telegram came to her from Limerick, telling her to go to there, where she swore an affidavit drafted by counsel. He ventured to say this was the most disgraceful petition ever heard between a wife and husband. If the machinery of the High Court was to be used for those matrimonial squabbles between people of the defendants position in life, it was an abuse of the process of court. All this about the attacks and being locked out of the house at night was all the greatest humbug and nonsense. There was not a single mark of violence on this woman. He asked his Lordship to say that this position was one which should never have been brought into court. Respondants Evidence. Patrick Barton, in reply to Mr Lynch deposed that he was married for 27 or 28 years; there were nine in the family and two died. The farm was a mountainy farm, between Limerick and Broadford, and the annuity paid to the Land Commission was £10 7s 11d and the Poor Law valuation was £7 15s. The carrying power was 3 cows, until he put top dressing and slag on it. There was never any difference between himself and his wife until he brought the children back from Clonlara school, which was four Irish miles away, and sent them to Sallybank school, which was on the boundary of his farm. His children were first going to Sallybank and then they went to Clonlara six years ago. They remained at Clonlara for three years, and then he brought them back. That was the first difference he had with his wife. Her brother was school master at Broadford, and the children were failing in their health going there. One of them fell into a pond while going there and was nearly drowned. The eldest girl went to America six years ago; the second child was a boy named James, who went to America about 3 years ago; Mary was gone for about 4 years. His wife always managed the farm and even when he sold cattle he gave her the price of them, keeping nothing for himself but perhaps a shilling. Lizzie was now about 21 years or more. He had occasion to complain of her treatment of him in August 1913. At that time the house was an open house for gathering and dancing. The girls were doing nothing but cycling and he was assaulted by his wife and daughter. On this occasion he was after coming back form Limerick at about 3 o'clock in the evening and when he was going in the door his wife said: "Now will you abuse or strike us?" He told her to have sense and go in home and not to have the people laughing at her. She was standing at the door and he shoved her in before him. He hung up the collar on the pin that was in the kitchen and came out for the rest of the tackle; his wife followed him out; herself and her daughter had two sticks in their hands. His wife struck him on the hand and as he held up the saddle to protect himself his daughter came in behind him and struck him on the head. They then went away laughing at him. He never rose a hand to his wife in his life. Mr Lynch - Is that true? No She says you bit her arm and that you threatened to drive bullets through her. And that you would burn her to a cinder. It was a neighbour that said they should be burned to a cinder. She says that in the year 1913 you struck her across the back with a whip. Is that also untrue? I never raised a whip, or a rod, or a hand to her. Is it true that you hit her with a chair? Never. When she says you hit her with a chair who was present? John Boland. She brought you to the Petty Sessions on the 27th February? Yes She had a solicitor and you had not? Yes. And you asked for an adjournment and did not get it? Yes. Did you do anything to her between 23rd February and 13th July? No You were summonsed and the magistrates adjourned the case? Yes. And the parish priest came out to your house and settled the matter between you? Yes, made us shake hands. From the day the priest visited your house to the day she left you had you any difference with your wife? I never opened my lips to her. A telegram came to your house the morning she left? Yes. I remember a chap gave it to me and I gave it to her telling that I had to pay 3d on it. Was that telegram from Mr Moran, her solicitor? Yes. Saying to go the next morning he wanted to see her? Yes. Cross Examination Mr Flemming - I understand that you came up here prepared to deny everything? I came up here to tell the truth and anything that is not true I must deny it! Do you deny everything that your wife said? Yes. Do you deny that you threatened to shoot her? Yes. Or beat her? Yes. You did call her names then? I may have in excitement? Did you call her "Kitty O'Shea"? No Did you ever hear of Kitty O'Shea? Who was she? Am M.P.s wife. You heard all about her? Yes, a good deal. I understand you are the gentlest and mildest man, and never beat, or threatened to beat to abuse her? If you call that abuse. To call what? To call her Kitty or Peggy? And you never called her anything else? Never You did not bite her? Never. You heard her little son swear that her arm was black and sore? I never did it. You were a kind father and husband? I did my best for them. And how do you account for your little boy coming here and swearing that he saw you bite your wife? It is a plot against me. Your little boy is in a plot against you? Yes. And your daughter? Yes. And wife? Yes. Is there any other man in the country that you know of that his wife and children are engaged in a plot against him? I don't know one. Can you tell me why it is so in your case? Because I brought the children back from Clonlara and would not keep an open house for gambling and dancing. John Boland deposed he was a neighbour of Bartons. On the 10th February 1914, when he came form Limerick with the defendant, he went to his house. Barton asked his wife for a cup of tea three times and got no answer from her. He pulled the chair for under her and she ran out with her daughter. Mrs Barton attacked him at the house because he would not take a false oath for her in Broadford. Mr Phelps - and the magistrates did not believe you in Broadford? John Boland (junior) deposed that he used work for Barton. Since the 24th April last, when he was assaulted by Mrs Barton, he got no meals in the house. None of his (Bartons) family ever assisted In the working of the farm. Patrick Moloney deposed he knew nothing of the relations between Barton and his wife. Police Evidence Sergeant Dolan, Kilmore, deposed he knew the respondent to be a industrious, hardworking man. On the 31st January 1914, Mrs Barton complained of an assault on her by her husband. There were no marks on her. Mr Flemming - Did you find Mrs Barton out one night at one o'clock in an old laneway near the house and her children with her? Yes Where was Barton? In bed. Mr Flemming - Sleeping the sleep of the just, and his wife thrown out. Why? Didn't you tell us that until you had to be asked, if you are an honest man? What did she say to you? That Barton hunted her out. Were the doors locked? The front door was locked but the back door was open. What did you do? I put the woman in and called up Barton, who unlocked the door for us. He denied the assault. Did you hear about the shots? Yes. I got a complaint about it. Did you hear he was threatening to shoot his wife? Yes. I got a complaint about it. His Lordship - Did you see the back door open when you went into the house that night? No. When did you ascertain it was open? Next day (laughter) His Lordship - Isn't that a brilliant effort for a Sergeant of the R.I.C. you ought to be ashamed of yourself. Don't you think you ought to be a little more careful. That will do me. Sergeant Ed Brady, Clare castle deposed he was at Kilmore for some time. He also got complaints about squabbles between himself and his wife. Mrs Barton told him in the Autumn of 1911 that she could not stand her husband any longer, that he was fighting and abusing her every night on his return home drunk. He visited the house and both were making complaints about each other. On another occasion, James Barton called to the barracks and said his father was out of his head and should be sent to the asylum. By Mr Phelps, I told them it was not a case for the police and there were no more reports made to me. The Decision His Lordship, summing up said this was a peculiar case. There was a good deal of undisputed facts. Taking, in the first instance, the respondents view of his wife, he said for 23 years he had no fault to find with her. He trusted her and gave her the control of all his money. It appeared that Mrs Barton wanted to have the children educated at the school in Clonlara which was run by her brother. He was anxious to have them educated at the local school which was at the bounds of his farm. The question apparently, to a great extent, was the cause of this unpleasantness and rowing. Now, as to the incident about the school; it was only one incident in the career of abuse and a good deal of violence to which this woman had been subjected to since the birth of her youngest child in 1908. Undoubtedly, if her evidence was to be accepted, she had been the victim of a great deal of assaults and also of violence and absusive language. It was only right that one should clearly understand the nature of matrimonial cruelty which entitled a wife to a separation from her husband. Violence may consist of assaults or it may also consist of abusive or threatening language, it may consist of attacks in the presence of children, or it may also consist of unfounded accusations as to a just woman virtue, which is often more harmful to a good woman than direct violence. They had it admitted there by the respondent himself that this woman had been a good woman to him. For 23 years he never had any fault to find with her. From her evidence they had it that be bit her and that the marks of his teeth were visible in her flesh; that he struck her with various articles, and that he continued to call her abusive terms, until finally on the 22nd August, the poor woman could stand it no longer and she left her house for good, in a miserable and half-naked state. He gave the decree asked for without hesitation. As to the evidence of Sergeant Dolan, he desired to say that he was not at all satisfied with it. The police had a very responsible and serious duty to perform. They were bound to assist in the administration of justice and when they came to give evidence they were bound to tell truthfully what they knew about the case. That was their duty to the community. He referred to the evidence given by the Sergeant and asked was that a proper way for him to give evidence? Perhaps the matter might have been sprung on him or it might be due to an accidental lapse of his mind, but his lordship expected, and he was entitled to expect, a very high standard of observance from the R.I.C. the should give their evidence impartially, and not look to the right or left of the table for inspiration and endeavour to assist wholly and solely I the administration of justice. Having said so much about the matter, he did not wish it should go further. His Lordship then made the necessary order granting the petition with [last words gone]