The San Antonio Light (San Antonio, Tex.), Vol. 1, No. 5, Ed. 1, Saturday, April 7, 1883 Page: 8 of 8
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An IntorentlnB Article on Tluit Subjeol
by Jtidgo John Jnmofon.
Judge John A. Jameson In the North
American Review for April says :
"It is conceded by all codes that permit
divorce at all that adultery is a sufficient
cause. In the history of opinion in regard to
it however there may be noted three grave
inconsistencies : in the Bible the adultery held
to justify divorce a vinculo seems to have
meant as it did among the ancient peoples
generally only the adultery of the wife.; when
the rule was extended so as to deal equallyt
with both sexes the divorce permitted for i
was confined to a separation a mensa et thoro;
and finally the sincerity of the Church in
opposing divorces was placed in doubt
by its practice of authorizing them for
money by papal dispensation thus for
mere purposes of revenue winking at an
infraction of the supposed divine law against
divorces. As to the first the reason given for
the limitation was in the main a selfish pe-
cuniary one personal to the husband the
danger of having cast upon him the care of
spurious offspring. Spurious as to whom?
Of course to him alone since as to thewife
the term could have no application. Hut was
the offense when committed by the wife ever
intrinsically more destructive of the integrity
of the marriage or in its consequences more
fatal to the interests of the family or of the
public than the adultery of the husband for-
merly winked at by the law and tolerated by
the church? What force to justify even a
separation as sciinst a wife was ihert- in tin-
danger of spurious offspring in a state of
"-'j ...... miK.il i-Aiaicu in rrancc irom
the time of Louts XVI. down to the revnln.
tion of whicli there could be no more graphic
or accurate description than that of Mehemet
bltendi a l urkisli Ambassador when h
sam 10 a rrenenman : "ine lurks are
great simpletons in comparison with the
Christians. We are at the expense
. and trouble of ke.'mnc a semnlin. nml
in his our house ; but you ease yourselves of
me uuruen anu nave your seraglios in vour
divorces a mensa for the adultery of both
sexes it clearly was not the rule of Jesus but
an extension of it to meet social exigencies.
If the rule could be extended at all for such a
purpose why might it not be extended so as
to cover all the real exigencies of society ?
Looking alone to the consequences is adul
tery by whosoever committed deserving of
greater conuemnauon man extreme cruelty
which if repeated is made the ground of di-
vorce? Cruelty is defined as clivsicil vin.
lence endangering health or lile and making
jougcr cuuauiuiuuu practically impossible.
From the nature of the case such cruelty is
commonly exercised by the husband upon the
who n uiuiui icujjjci can wren men upon
its object in but two ways by acts of vio
lence and by injurious words. The acts are
commonly blows with the fist or with the first
weapon that comes to hand dragging the wife
by the hair of the head and the like ; the
words those dreadful epithets which addressed
to a woman wound more cruellv than hlnwi.
If the offender be the wife there are assaults
witn dangerous weapons poison in one's
coffee with the most opprobious adjectives in
the language applicable to man. Such con-
duct indicates a temper incompatible with ths
marital relation and while it may inflict a less
poignant mental distress than the scriptural
cause it ought not to be permitted on any
iciiiis iu tumiimc. ii renuers one great ob-
ject of marriage.the tight training of offspring
In the present state of our laws there may
be much drinking of spirituws liquou with-
. out legally endangering the status of marriage.
So long as a husband is able to give to his
family a maintenance and education suitable
to their condition in life and adequate to their
physical necessities however loathsome he
may be to his wife however unkind tn his
children however useless to society he may
continue to squander his means to brutalize
minseii and to disgust his friends with im-
punity. Before he can be divorced for drun-
kenness he must fail to give to his family a
necuniarv sunnort. As if ih mr Tail.. in
feed and clothe his wife were the greatest the
most intolerable irjury to her and the com-
pulsory making ot her year after year the
mouier ui ouspring jiKeiy to become drunk'
ards ought to so for nothing 1 While He
manding the production of the technical evi-
dence required bv law. no iuiW n.iim imnn
cases of that kind can or ought to overlook
the terrible evidence of physiological fact ex.
hiblted in the swollen face the shaking hands
and the tainted breath. No such man ought
to be allowed to become the father of anv wo-
man's children. The best good therefore of
ine wne 01 ine ennaren and ol the public
demands that some divorces shall be granted
iur iiuu-scripiurai causes.
In cases of desertion it should be pro
vided that if the complainant be a wife the
court should have power to Grant the divorce.
or at her option to continue the case to
await htr amilication for a renuisitinn tn mm.
pel her husband to return and resume the
performance of his marital duties. Upfcn his
undertaking to do so he might be discharged
T.'."'"J;i'r'i""""."ur";"l Jfclib'nncir.Tatriok McCoy FB& JohTisorT
v "r.cnr " '"f"v-. -Mollratney Eddlo
upon reasonable conditions as to future goodi
cinduct; or upon his refusal he might be'
ordered to be committed to prison if it should
appear that he had absented himself from her
without reasonable cause and against her will.
That this scheme of legislation would involve
a Federal enactment authorizing requisitions
in such cases constitutes no objection to it.
One who has lost a watch worth $1$ or $20
by tlftft in Maine may set in motion the
formidable machinery of State and Federal
law and drag the thief back to that State from
the remotest corner of Oregon. Why should
the wretch who has left his helpless wife and
children in the same State of Maine and
cone West to crow up with the country" and
another wife not to be dragged back from
Oregon as well 1 If it be said that theft is a
crime and that the desertion of one's family
is a mere social wrong then let the wrong so
infinitely surpassing the crime in its meanness
and in the misery it entails be reclassified or
a definition be given to crime which shall em-
brace it. Doubtless a Federal status upon
that subject ought to be supplemented by oth
ers regulating the whole subject ol marriage
and divorce now under the varying statutory
regulations of the States the despair of courts
and 'publicists and the opprobrium of the law.
From tho TImcs-Democnit.
Thoro Is In the Hindustani Intiguniro n nm--
vclous tnlo written by n Moslum but trcntlnir
nevertheless ot tho undent irods of India nml
of tho Apsiirus nml of tho Unpshnsus. "Tho
ltoso of ltu kuwall" It Is called. Therein nlso
umy bo found many htinntto histories of foun-
tains tilled with imiKleii! wutors ulmnitlnir tho
sox of thoso who bathe therein; mid histories
of llowora created by wltcliumft novur fiul-
lnir whoso perfume irlvu slirht tn tho blind;
-and nliovo nil this history of lovo hiiiifiin
nml eupeihiinian for which a pnnillel may not
In days when the great Rajah Zain-
ulmuluk reigned over the eastern kingdoms
of Hindostan it came tniiass that Bakawali
the Apsara fell in love with n mortal youth
who was none other than the son of the Ra
jah. For the lad was beautiful as a girl
beautiful even as the god Kama -and seem-
ingly created for love. Now in that land all
living things are sensitive to loveliness even
the plants themselves like the Asoka that
bursts into odorous blossom when touched
even by the foot of a comely maiden. Yet
liakawali fairer than any earthly creature
being a daughter of the immortals; and those
who had seen her believing her born of
mortal woman would answer when interro-
gated concerning her : "Ask not us 1
rather ask thou the nightingale to sing of her
Never had the youth Taj-ulmuluk guessed
that his beloved was not of mortal race
having encountered her as by hazard and
being secretly united to her after the Gand-
harva fashion. Hut he knew that her eyes
were preternaturally large and dark and the
odor of her hair like Tartary musk; and there
seemed to trampire from her when she moved
such a light and such a perfume that he re-
mained bereft of utUrance while watching
her and immobile as a figure painted upon a
wall. And the lamp of love being enkindled
in the heart of liakawali her wisdom like a
golden moth consumed itself in the flame
thereof so that she forgot her people utterly.
and her immortality and even tho courts of
heaven wherein sue was wont to dwelt.
In the sacred books of the Hindus there is
much written concerning the eternal city Ar-
managar whose inhabitants are immortal.
There Indra azure-bearded dwells in sleep-
less pleasure surrounded by his never-slumbering
rourt of celestial bayaderes circling
about him as the constellations of heaven
circle .in their golden dance about Surya the
sun. And this was Bakawali's home thai she
had abandoned for the love of a man.
So it came to pass one night a night of
perlume and of pleasure that Indra started up
from his couch like one suddenly remember-
ing a thing long forgotten and asked of those
about him :"How happens it that Bakawali
daughter of Firoz no more appears before
us?" And one of them made answer say-
ing: "O great Indra that pretty fi ll hath
been caught in the net of human love I Like
the nightingale never does she cease to com-
plain because it is not possible for her to love
even more; intoxica'ed is she with the perish-
able youth and beauty ot her mortal lover ;
and she lives only for him and in him so
that even her own kindred are now forgotten
or have become to her objects of aversion.
And it is because of him O Lord of Suras
and Dcvat that the rosy one no longer pre-
sents herself before thy court."
Then was Indra wroth ; and he command) d
that liakawali be perforce brought before him
that she might render account of her amor jus
folly. And the Devas awaking her placed
her in their cloud-chsriot and brought her
into the presence of Indra her
lips still humid with mortal kisses
and on her throat red-blossom marks
leit by human lips. And she knelt before
him. with fingers joined as in prayer; while
the Lord of the firmament gazed at her in si-
lent anper. with such a frown as he was wnnt
to wear when riding to battle upon Ills ele
-Full regular iiiude colored socks for 25 "N
phant triplc-trunkcd. Then said he to the
Devas about him : " Let her be purified by
fire inasmuch as I discern about her an odor
of mortality offensive to immortal sense. And
even so of'cn as she returns to her folly so
often let her be consumed in my sight"....
Accordingly they bound the fairest of Ap-
saras and cast her Into a lurnace furious as
the fires of the sun so that within a moment
her body was changed to a white heap of
ashes. But over the ashes was magical water
sprinkled; and out of the furnace liakawali
arose nude as one newly born but more per-
fect In rosy beauty even .than before. And
Indra commanded her to dance before him
as stie was wont to do in other days.
So she danced all those dances known in
the courts of heaven curving herself as
flowers curve under a perfumed breeze as
water serpentines under the light; and she
circled before them rapidly as a leaf-whirling
wind lightly as a bee. with myriad varia-
tions of delirious grace with ever-shifting en-
chantmeht of motion until the hearts of all
who looked upon her were beneath those
shining feet and Jail cried 'loud O flower-
bjdyl Orose-bodyl OIja m ne of the Garden
of Gracel blossom of daintiness! O flower-
body! Thus was she each night obliged to appear
before Indra at Armanagar and each night
to suffer the fiercest purification of fire lor-
asmuch as she would not forsake her folly;
and each night nlso did she -return to her
mortal lover and take her wonted place be-
side him without awaking him having first
bathed her in the great fountain of roscwatcr
within the court.
Hut once it happened that Taj-ulmuluk
awoke in the night and reaching out his arms
found she was not there. Only the perfume
of her head upon the pillow and odorous gar-
ments flung in charming formlessness upon
When she returned seemingly fairer than
before the youth uttered no reproach hut
on the night following he slit up the tin of his
finger with a sharp knif- and filled the
wound with salt that he might not sleep.
Then when the a:rcal chariot descended all
noiselessly like some long cloud moon-
silvered he arose and followed liakawali
unperceived. Clinging underneath the chariot
he was borne above winds even to Ann ana-
gar and into the jeweled courts and into the
presence ol Indra. Hut Indra knew not lor
his senses were dizzy with sights of beauty
and the fumes of soma-wine.
Then did Taj-ulmuluk standing in the
snadow ot a pillar uenoid beauty sucn as lie
had never before seen save in liakawali
and hear music sweeter than mortal musician
may ever learn. Splendors bewildered
his eyes; and the crossing of the fretted
and jeweled archwork above him seemed
an intercrossing and interblending of
innumerable rainbows. But when it
was given to him all unexpectedly to
view the awful purification of Bakawali
his heart felt like ice withii him and he
shrieked. Nor could he have refrained from
casting himself also into that burst of white
fire had not the magical words been pro-
nounced and the wizard water sprinkled he-
fore he was able to move a limb. Then did
he behold Bakawali rising from her snowy
cinders shining like an image of the Goddess
Lakshmi in the fairest of her thousand forms
more radiant than before like some comet
returning from the embraces ol the sun with
brighter curves ol form and longer glories of
And liakawali danced and departed ; Taj-
ulmuluk likewise returning even as' he had
But when he told her in the dawn of the
morning that he had accompanied her in her
voyage and had surprised her secret liaka-
wali wept and trembled for fear: "Alas!
Al'S! what hast thou done? " she sobbed;
" thou hast become thine own greatest enemy.
Never canst thou know alt that 1 have suffered
for thy take the maledictions of my kindred
the insulis of all belonging to my race. Yet
rather than turn away my lace from thy love
I suffered nightly the agonies of burning; I
have ied a myriad deaths rather than
lose thee ; thou hat seen it with thine own
eyci!....But none of mankind may visit un-
bidden the dwelling of the gods and return
with impunity. Now alasl the evil hath been
done! nor can I devise any plan by which to
avert lliy danger save that of bringing thee
again secretly to Armanagar and charming
Icdra in such wise that he may pardon
So Bakawali the Apsira suffered once more
the agony of fire and danced before the gods
not only as she had danced before but so that
the eyes of all beholding her became dim in
watching the varying curves of her limbs the
dizzy spced'of her white feet the tossing light
of her hair. And the charm of her beauty be-
witched 'he tongues of all there so that the
cry O flower-body! fainted into indistin
guishable whispers and the lingers ot the
musicians were numbed with languor and
thr music weakened tremblingly quiveringly
dving down into an amorous swoon.
And nut of the great silence broke the soft
I'linvler of Indra's pleased voice "O Baka-
wali I usk me for whatever thou wilt and it
shall be accorded thee by the Trimurtl I
swear 1" ...... But she kneeling before him
with bosom still fluttering from the dance
murmured : " I pray thee divine One' only
that thou wilt allow me to depart hence and
dwell with this mortal whom I love during all
the years of life allotted unto him." And she
gazed upon the youth Taj-ulmuluk.
Buf Indra hearing these words and looking
also at Taj-ulmuluk frowned so darkly that
gloom filled all the courts of heaven. And he
"Thou also son of man wouldst doubt-
less make the same prayer; yet think not thou
mayst take hence an Apsara like Bakawali to
make her thy wife without grief to thyself!
And as for thee O shameless liakawali thou
mayst depart with him indeed since I have
sworn; but I swear also to thee that from thy
waist unto thy feet thou shalt remain a woman
of marble for the space of 12 year's Now
let thy lover rejoice in thee I"
And Bakawali was placed in the?
chamber of a ruined pagoda deep-buried
within the forests of Ceylon; and there did
she pass the years sitting upon a scat of
stone herself stone from feet to waist. But
Taj-ulmuluk found her and ministered unto
her as to the statue of a goddess; and he
waited for her through the long years.
The ruined pavement grass-disjointed
trembled to the passing tread of wild ele-
phants; often did tigers peer through the
pillared entrance with eyes flaming like em-
eralds. But Taj-ulmuluk was never weary
nor afraid; and he waited by her through all
the weary and fearful years.
Gem-eyed lizards clung and wondered; ser-
pents watched with marvelous chrysolite gaze;
vast spiders wove their silvered lace above
the- head of the human statue sunset-
feathered birds with huge and' flesh-colored
beaks hatched their young in peace under
the eyes of liakawali Until it came to
pass at the close of the nth year Tajulmu-
luk being In search of fruit for food that
the ruin fell burying the helpless Apsara un-
der a ponderous and monstrous destruction
beyond the power of any single arm to re-
move Then Taj ulmuluk wepf; but he
still waited knowing that the immortals could
And out of the shapeless mass of ruins there
soon grew a marvelous tree graceful dainty
round-limbed like a woman; and Taj-ulmuluk
watched it waxing tall under the mighty
heat of the summer bearing flowers lovelier
than that narcissus whose blossoms have been
compared to the eyes of Oriental girls and
rosy fruit as smooth-skinned as maiden flesh.
So the twelfth year passed. And with the
passing of its last moon a great fruit parted
itself and therefrom issued the body of a
woman slender and exquisite whose supple
limbs had been folded up within the fruit asa
butterfly is folded up within its chrysalis
comely as an Indian dawn deeper-eyed than
ever woman of earh. bcim? indeed nn im
mortal being no. Apsara liakawali rein-
carnated for her lover and relieved from the
malediction of the gods.
A 1'iitrtiitfa JUIsjiIhhIiiiiL Family.
From tho Zazoo City Sentinel.
Mr. J. M. better known as "Huff." Chis-
holm of this county has four children be
tween each of whom there is just two years
the first being born on the 4th of July two
vr.iri nftrr. thr tl.ir.l nn ih ..1.
of July the second on the 4th of July two
yean aucr ine second nnu tne lourth on the
4th of July two years after the third. Mr.
Bob Tucker who lives on Iiee Lake in
Holines county has five children the first of
whom was born on Sunday the second on
Monday the third on Tuesday the fourth on
Wednesday and the filth on Thursday but
each in a different year. These births are re-
markable and we suppose two such cases are
not on record.
Tho Oulckont Act oil Kacord.
From the South Ilenil Tribune.
A Polander at the Oliver Chilled Plow
works Wednesday exhibited a coolness of
head and presence of mind which saved one
of his fellow-workmen from a horrible death.
The man was working with a belt in the pol-ishing-room
when by ome means he was
caught and dragged ton ard the ceiling with
frightful velocity. A Polander who was pass-
ing al.rg saw the peril of the man and whip-
ping a large jack-knife out of his hip pocket
opened it and 'evced the belt which is about
a quarter of an inch thick at one draw of the
knife and the man dropped to the floor.
Had the Polander carried the knife in any
picket where it would have taken an instant
longer to get it or had h s made the least false
motion the man would have been pounded
to a jelly over the shaft. The accident so un-
nerved him that he was unable to work the
rest of the day.
Tho Sheep ltomeily for Iunoiiinlu.
From tho Boston Globe.
A California man troubled with insomnia
was told that he would be cured by going to
bed closing his eyes and picturing in the
mind u flock of sheep jumping a fence one at
a time. The experiment nearly made him in-
sane. "I jumped about 20co over the fence"
he says "and there were about 1000000
left. Sleepl I'd given $1000 not to see those
sheep jump that fence. I could have gone to
sleep right away but for the 2000000 stupid
white-faced sheep standing waiting like a lot
of fools 'for me to jump 'em over the fence.
Jump 'em did I say? I had to boost 'em
lift 'em drive 'em hoist c cry one of those
6000000 sheep over that pasture fence and
when I turned and looked back there were
13000000 sheep stupid black-faced white
woolly imps waiting there each saying: "Me
too; my turn next.'"
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The San Antonio Light (San Antonio, Tex.), Vol. 1, No. 5, Ed. 1, Saturday, April 7, 1883, newspaper, April 7, 1883; (texashistory.unt.edu/ark:/67531/metapth162520/m1/8/: accessed June 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .