ly earn a living
alone.
The much-coveted and long-delayed birth of a living child appeared to
have barred my appeal to this last resort, but the mother's right to the
custody of her infant is one I would defend to the taking of life.
My husband would consent to no separation, and we had a struggle for my
separate, personal property or its equivalent; a struggle in which Wm. M.
Shinn was my lawyer, and Judge Mellon his, and in which I secured my
piano by replevin, Dr. John Scott being my bondsman, and learned that I
might not call a porter into the house to remove my trunk. I therefore
got my clothing, some books, china and bedding by stealth, and the
assistance of half a dozen families of neighbors.
A test suit as to my right to support was decided in 1859, and in it a
judge in my native city, charged the jury that: "If a wife have no
dress and her husband refuse to provide one, she may purchase one--a
plain dress--not silk, or lace, or any extravagance; if she have no
shoes, she may get a pair; if she be sick and he refuse to employ a
physician, she may send for one, and get the medicine he may prescribe;
and for these necessaries the husband is liable, but here his liability
ceases."
The suit was about goods I had purchased by my lawyer's advice--two
black silk dresses, a thirty dollar shawl, a dozen pairs black kid
gloves, stockings, flannel, linen, half dozen yards white Brussels lace,
any one of which would have outlawed the bill, even if I had gone in an
Eden costume to make the purchase; but being clothed when I made my
appearance at the counter, the merchant could not plead that I "had no
dress," and lost his case.
In a subsequent suit carried up to the Supreme Court and decided in '68,
it was proved that my husband had forbidden our merchant to credit me on
his account, and the merchant's books presented in court showed that for
twelve years he had kept two separate accounts, one against my husband
and one against me. On his were charged clothing for himself, mother,
brothers and employes, common groceries, etc.; while on mine were
entered all my clothing, all high-priced tea, white sugar, etc., all
tableware, fine cutlery, table linen, bedding, curtains and towels; on
his were, credits for farm products; on mine, only cash; and he was
credited with butter and eggs on the same day that I was charged with
bed-ticking and towels. My personal expenses from Nov. 18, '36, the date
of our marriage, until N
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