HELMS v. FRANCISCUS. 557

her husband's proposing that she should do so. Soon after this,
she returned to Chambersburg; and he remained in Baltimore.
He has produced in evidence, some of her letters to him, all of
which, do credit to her understanding; and the first of them dated
on the 18th, 21st, and 29th of December, 1819, are expressive of
a warm affection for him; except, that shortly before the date of
the last, it seems as if he had written to her something calculated
to vex and distress her. In the same winter, or in the ensuing
spring of 1820, she returned to Baltimore, and there had a meet-
ing with her husband, and after a most boisterous quarrel, they
parted, and have met no more. Letters and messages have since
passed between them; but they have never since cohabited; nor
even interchanged the common civilities of life.

The causes of this angry separation, would seem to have been
her having, by a perusal of his family papers as he called them,
obtained a knowledge of his really vicious, sordid character, as
disclosed by those papers; and his pressing efforts to get posses-
sion of her fortune, which, with his character, as developed to her
by his papers, had produced a conviction on her mind, that he had
married her only for the sake of her money; and her representing
herself to him as being, previous to their marriage, a widow, when
the fact was not so. These causes of animosity have since, from
time to time, been re-kindled, and more and more heated, until a
state of settled dislike has been produced, which, as was admitted
in argument by the solicitors of both of them, it is now altogether
impractible to remove, and have them again brought to cohabit
together upon any terms.

It appears, that from the 6th of June, 1820, to the 17th of July,
1821, he was closely confined in the jail of Baltimore county, at
the suit of Jacob Merkle, for a debt of no more than $ 61 28; and
that during that time, his sufferings were, in every way, as great
as could be produced by a state of the most abject friendless pe-
nury. It is said, that she was the instigator of this imprisonment,
by having told Merkle, that if he would put Helms in jail, she
would pay the amount in a short time; but on the other hand, it
is also said, that Merkle was particularly incensed by the conduct
of Helms himself, and said that he had treated him badly.

Some time after this, Helms and his wife, on the 29th of August,
1823, made, signed, sealed, and delivered an instrument in writing,
in the following words, that is to say:

'Lewis Helms, and his wife A. G. M. Helms, have formed a
71 v.2