Beithania W. Camp v. Camp

• Decision Date: 01 January 1857
• Citation: 18 Tex. 528
• Parties: BEITHANIA W. CAMP v. JOSIAH M. CAMP.
• Court: Texas Supreme Court

18 Tex. 528

BEITHANIA W. CAMP

v.JOSIAH M. CAMP.

Supreme Court of Texas.

1857.

That the husband had been an habitual drunkard for a few months; that when drunk he was in the habit of using insulting and abusive language towards his wife, the purport of which language did not appear; that during such period he failed to provide for the support of his wife and two children, and they were reduced to a condition of distress; and that the wife was without apparent fault: Held not to be sufficient ground for divorce.

There can be no doubt that any acts, language, or conduct, which would amount to cruelty, under the statute, would, instead of being excused, be aggravated by intoxication, especially if that becomes excessive and habitual.

Such drunkenness as totally or in a great degree disqualified the husband to discharge his marital duties or obligations; such, for instance, as would compel the wife, as in this instance, to leave her husband, would be a degree of cruelty in itself, and which, if continued for a great length of time, say three years in analogy to the time prescribed by the statute, for abandonment, would amount in law to a ground for divorce. Ante, 521.

In fact, if there be separation for that period, that would of itself be good cause; and though the wife may have left the husband, yet if it was for good cause, he would be regarded as guilty of the desertion.

Appeal from Harris. Tried below before the Hon. Peter W. Gray.

Suit by appellant against appellee for divorce, commenced October 22, 1856. The petition was as follows:

That heretofore, to-wit: in the month of November, A. D. 1849, she lawfully intermarried with the said Josiah, in the county of Calhoun, in the state aforesaid, and that she lived peaceably and happily with her said husband, Josiah, for several years, to-wit: from the time of her said marriage with the said Josiah, until about the month of March, 1856, and that her said husband commenced about that time a series of excesses, cruel treatment and studied vexations, and deliberate provocation, in the city of Galveston, where they lived about that time, which were incompatible with the duties of a husband, by getting drunk, and remaining in that condition for days and weeks together. And your petitioner alleges that she conducted herself towards the said Josiah, at all times, as a dutiful, loving wife, and remonstrated with him, and tried to persuade him to leave off his excessive drinking and become toward her and his family a proper protection. But he, the said Josiah, disregarding the remonstrances and persuasions of your petitioner, persevered in his habits of intoxication and intemperance to such a degree that he would not see a sober moment from one month to another. He would bring bottles of liquor to the house in which they lived, and would drink the same in presence of your petitioner; would take the bottles of liquor to bed with him, and there would drink the same. Your petitioner alleges that he, the said Josiah, so conducted himself toward your petioner by neglecting to provide the necessaries of life, that she had to make a living for her said husband, and, when she would kindly ask him to again become a sober man, he would declare it was never his intention to do so; and continue in his stupidity and intoxication. Your petioner further alleges that the said Josiah became so loathsome and so excessive in his conduct, that your petitioner could no longer bear him; that she was frightened by his conduct and actions continually and could have no peace. She further alleges that he was incapacitated from his drunkenness and beastly conduct to maintain his family, and that she has two children by him, but that he wholly neglected them, and your petitioner was compelled to maintain them. She also alleges that the aforesaid abuses and excesses were continued up to the month of August, 1856, or thereabouts, when the conduct of the said Josiah was such as to render their longer living together insupportable. And your petitioner further alleges that the said Josiah left your petitioner in the city of Galveston, and came to the county of Harris about the month of August, 1856, where he is now living. Petitioner alleges that there is no community property belonging to the said Josiah and herself. She therefore sues and prays, etc.

The defendant was duly cited, but filed no answer. The evidence was as follows:

Deposition of Phœbe Crane. I am acquainted with the parties; first knew them as my next door neighbors in Galveston. They lived together as husband and wife. I first knew them about the first of April last (1856). I do not know of any improper conduct on the part of either towards the other. I know nothing amiss on the part of the defendant towards the plaintiff. I did not frequent their house, and therefore had little opportunity of judging of their conduct. I never saw the plaintiff conduct herself in an improper manner towards the defendant. I have seen the defendant intoxicated, but never saw him conduct himself in any improper manner towards his wife whilst in that state. The last time I saw defendant intoxicated he must have continued in that state four or five weeks. His habits of drunkenness appeared to increase during the summer of 1856. He did not appear at all boisterous during his drinking spells. Cannot say how often I have seen him intoxicated, probably some five or six times. I have seen plaintiff sit beside the defendant and talk to him during his drunken spells, but never overheard the conversation. Her general demeanor toward the defendant was very mild. Defendant, when sober, appeared to be of industrious habits. They had two children, and I do not believe, from my observation, that defendant supported them in a proper manner. I lived next door to defendant and plaintiff. Defendant had the delirium tremens twice. I know nothing about his conduct while in that state, but what I have already said.

The defendant left the plaintiff during an election either for county or state officers, but I cannot recollect in what month. He left her in their house. The family appeared at that time to be in distress, and I think defendant left them...