Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
On the 3d of March, 1866, at a subsequent term of the court held in
Warren county, Mr. Thomas F. Withrow, an attorney of the Polk county
bar and my neighbor, came into court one morning just before noon in
company with John A. Kasson, then a representative in congress from
this district and a resident of the city of Des Moines. Mr. Withrow
filed with the clerk of the court a petition for divorce in behalf of
Mr. Kasson's wife, and asking for a divorce on the grounds that Mr.
Kasson had been guilty of adultery. To this petition Mr. Kasson filed
an answer admitting his guilt, and both parties asked for an immediate
hearing of the cause. I dismissed the jury then impaneled and announced
that the court would not adjourn but remain open for business, asking
the clerk and sheriff to remain, and that the bystanders and others
were at liberty to retire. I read over the papers carefully and told
Mr. Withrow that I could not grant the petition upon the answer; that
if he had any evidence it must be produced in open court as I must be
satisfied of the existence of the facts alleged in the petition. Mr.
Withrow said he had the letters of the defendant written to his wife
from time to time, fully acknowledging his guilt, and he would return
to the hotel and get his satchel containing these letters and produce
them in open court if I required it. Mr. Kasson then begged of Mr.
Withrow not to produce those letters, and turning to me said he would
himself be a witness as to the facts and thought that ought to be
sufficient. I told him I could not grant a divorce that would have the
appearance of being granted merely upon the consent of the parties,
that I wished to be satisfied fully that there was no collusion in the
matter between himself and wife, and that he was in fact guilty as
charged. He assured me that there was no collusion, that the charge was
actually true and that the facts actually existed as charged against
him. At this he broke down and professed almost to cry, and I told Mr.
Withrow to prepare the decree of divorce. It was accordingly prepared,
reciting that it was granted upon evidence of the truth of the
allegations of the petition, and I accordingly signed the decree.
Upon my return to Des Moines at the close of the session, the
legislature then being in session, I was waited upon by one or more
members of the general assembly, suggesting that there was a rumor that
the divorce of Mr. Kasson's wife had been procured and granted simply
by consent of parties, and they proposed to introduce a bill for an act
to prevent such divorces in the future. I explained that the rumor was
entirely unfounded and that the divorce had been granted upon
satisfactory evidence offered in open court. I recite these facts at
some detail because of their importance with reference to results, and
what occurred that fall, 1866.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account