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THE DILLON DIVORCE CASE. 
 
 STATEMENT OF COUNSEL. 
 
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 4 
 
i 
 
 THE DILLON DIVORCE OV\.SE. 
 
 STATEMENT OF COUNSEL. 
 
 li 
 
 Mr. R. D. McOiblK)n, Q.C.. Counsel for Petitioner, made 
 the following statement lu^fore the Private Bills Committee 
 of the House of Commons, July 11th, 1894: 
 
 Having l)een counsel for petitioner during all these 
 proceedings, and attorney for him in the separation suit 
 liefore the Superior Court in Montreal, having heen his life- 
 long friend, and legal adviser for the last fifteen years, he 
 felt he could refute some of the contentions of those opposing 
 the granting of the divorce, and afford satisfactory explana- 
 tions of other points which might, on a cursory perusal of 
 the testimony, appear ohscure or unsatisfactory. 
 
 THE SEPARATION IN PARIS. 
 
 It had iH'en asserted lK)tii in the Senate and House of 
 Commons, that Dillon iiad wantonly abandoned and deserted 
 his wife in Pi' ris, after they had been married nearly five 
 years. 
 
 Now, the I'acts as established by the testimony are that 
 " there was a mutual separation agreeil upon," and he " left 
 her in charge of her father in Paris." (Senate evidence, page 
 1). " By mutual consent " (page 3) 
 
The causes which led up to the separation arc enumerated 
 as follows — 
 
 1. " Our life had lK.'en a very unpleasant one for two or 
 three years before." 
 
 2. ' Continued absence from home, neglect of children and 
 other duties." 
 
 3. " Incompatability and extravagance." 
 
 (Senate evidence page 2). 
 
 4. " Leaving home against Dillon's ab.solute commands.', 
 
 (Senate evidence pages 3 4). 
 
 These causes certainly warrat\ted lM»th j>arties in agreeing 
 in Montreal to have a voluntar}' separation. There ivus no 
 necessiiif for any deed <yr writing. The consent of all parties, 
 (which counsel Inigs to state upon his n^spoiisibility as coun.sel, 
 included the parents of l)oth parties and their legal advi.sers), 
 was sufficient. 
 
 Dillon took his wife to Paris and left her with her father 
 there, for the very reasonable object of avoiding the .scandal 
 which would have l)een caused had two parties occupying a 
 tolerably prominent po.sition in M(»ntreal society, lived apart 
 in the city in which they had formerly resided, "^fhe idea of 
 her going to Paris was to escape gossip. 
 
 There is no doubt that the eviiUmce of Mr. Dillon given 
 before the Senate C(mimitt«ie on oro.ss-examination by Senator 
 Kaull;>ach is not as clear as might be in ivgard to the separa- 
 tion in Paris, but it is (juite evident from the testimony, and 
 more especially from the explannt*/ry que.stion ask«)d by the 
 Honourable Mr. Mackay, at the bottom of page two of the 
 evidence, that Dillon, somewhat confu.se<l by the questions of 
 Senator Kaulbach in regard to his religion, chastity and 
 other points which had occasioned quite a .storm in the 
 Committee, and agitated by the otfeiisive nmnner in which 
 the interrogation of Senator Kaulbach was conducted, was 
 referring to the action for reparation brought by him in 
 Montreal. At the time Dillon separated from his wife in 
 Paris, he had not then any idea of taking legal proceedings, 
 
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an<l tills was what liis cxaininatioTi meant, as, from tlu* time 
 ln' left Montreal with liis wife to p> to Paris, and left her 
 there, the separation ha<l heen arranp>«l, <l(>ei(Je<l,and A(iHKEI) 
 ll'ON HY BOTH PaKTIKS. 
 
 It is to he ohserved that the wife retunu-d to Montn-al 
 shortly, and she took up lu-r ahode with her ntother, with 
 whom she r«'side<l for six years, all the time hein^ in receipt 
 of a snhstantial allowanee from Dillon, and liein^^ permitted 
 to visit her children weekly at the home of Mr. Dillon's 
 pai'ents. If the wife had heen rudely <leserted as pretended, 
 ami leit in a Uiv^v v'xiy, frlendlcKs, n/oiw aiu\ destilate, us hoiuv 
 SiMiators have thought fit to imagine and allege, the laws of 
 the Province of Quehec would haveattorded her ample redress, 
 if she had desiicd to resume her marital relations with her 
 hushand, or if she had heen in any way unjustly treateti or 
 unfairly deprived of a honu' and the society of her children. 
 The Vkrr that kok six years she griKTi-Y hesided with 
 
 HEU MOTHER, VISITED HEK (HILDUEN ONLY ON("E A WEEK, 
 KECEIVKW an AM-()WAN('E ok FIFTY Mol.LAKS A MONTH FROM 
 HER Hl'SRANI). WITHOUT ANY PROTEST OR I.E(!AL l'RO(EEI»IN(JS, 
 SHOWS THAT SHE (MINSKNTKD TO AND RATIFIED THE SEPARA- 
 TION WHICH HAD HEEN (JREED UPON, AND THAT THE HIMJABOO 
 WHICH HAS BEEN RAISED ON THIS POINT IS ENTIRELY UNWAR- 
 RANTED. 
 
 Mr. Mcdihhon further explained that had the petitioner for 
 otie moment imagined that an}' imp(jrtance woiihl he attacluMl 
 in the Senate or Hou.se of Commons, to the causes which led 
 up to and surroundcid the separation in Paris, testimony couM 
 easily have heen adduci'(l to make the matter perfectly clear; 
 hut with a delicacy which was creditahle to him, Mr. Dillon 
 had not desired uiniecessarilv to introduce anv testimony 
 which, in his opinion, was not germaine to the real issues 
 hefore the Senate. So much for this point. 
 
 Insinuations had heen made Ijoth in the S«'nate and House 
 of Conunons, fchat there was collusion and connivance between 
 the patties. This, in the face of positive testimony that there 
 
6 
 
 'm 
 
 was no collusion, ronnivann' or ooiuloiiation is inroinpn-heii- 
 niMe. TIh' jM'titioiuT, on j»h^»' 2. swears positively timt tlu'n» 
 was no coiiiiivanc*'. 
 
 On pages II and 12 of the Smatr iostiniony, tlu' tacts in 
 regard to collusion ant srt forth l»y coinisrl liiuisrlf under 
 <witli,and Mr. .lames 'I'. Dillon, father of the petitioner, on i>ag»' 
 ]',i of the testimony, swears positively that tluire was no 
 connivance or collusion 
 
 The letter on page !(> of the Senate testimony, vvas a<ldres- 
 sed by Mrs Dillon to Mr. Mc(iil»oon not in reply to any letter 
 s. nt hy him to her hut in reply to a request which Mr. 
 Mr. Mcdihhon had sent to his corresponilent in Quehec, Mr. 
 Kitzpatrick VC'. . asking Mr. Kit/.patrick to keep him, Mr. 
 Me(ilil»l»on, advised of Mrs. Dillon's addre.ss, in order th.it tho 
 nece.s.sary n«)tice shoidd he served upon her, of the commence- 
 nu>nt of ])roceedings Kefctre the Senate Committee. The 
 expression of a wish on the part of a woman at that time 
 living openlv and avowedly as the mistress of de Villeneuve 
 caiuiot surely form a peg upon winch to hang this suggestion 
 of collusion, (':onfronte<l as it is hy the positive testimony 
 referre<l to, and also hy the evidence of de Villeneuve himself 
 hefore the Superior Court in Montreal, page 18 where he 
 admits that he had never seen Mr. Dillon him.self in his life. 
 
 The only other point which Mr. McCJihhon would refer to 
 was the (piestion asked hy Senator Kaulhach as to Mr. 
 Dillon's fidelity to his marriage vows. 
 
 'I'he di.scussion on this point had heen very full, and the 
 legal arguments of his a.ssociate, Mr. (lennnill Q. (I had, he 
 thought, (|uite met the ohjection.s, hut the circum.stances 
 which led up to Ddlon's refusing to answer on tlu; advice of 
 coun.sel, would, he thought, sati.sfactorily explain his cour.se. 
 
 When the Senate Committee was in session, as appears hy 
 the minutes of the proceedings, a nundier of irrelevant 'pies- 
 tions were asked by Senator Kaulhach, objected to by nu?m- 
 bers of the Committee, aad overruled and stricken from the 
 record. When the question in regard to Mr. Dillon's fidelity 
 
>(./Vi' 
 
 \ 
 
 }i»ul IxMTi put l>y Sf'iuitor K»mH»acli, it was iniinr<ljatp|y, fts 
 n|){M>Hi's Jty th«' Snuitt' rrconl. «)l»j»'rt«'<l to Ity thr HiumnrHlilo 
 Mr. MfU'kay, vvli»'r«'U|)uii u Inipthy tliscusj^iun took |)I»u'«', tho 
 ruliiij; liaviii;( Ihth Hctiially ^ivfii l>y tlir ( 'oiiiiiiitt«M' l«'foio 
 tlie formal aiiswrr of tli»' w itiirss that lir rrl'iisi'd t<» answer 
 upon advice of coillisel ha*! Iieell eliteletl Upon tlie recol'ti of 
 tile Si'iiate proceedings. The reasons why connsej atlvised 
 Mr. Dillon to refuse to answer, were a matter of h^ral appre- 
 ciation an<l in view of the rules of the Senate respecting,' 
 divoice, under wliicli tlie ohj«'ction was taken, and all tlie 
 j)rece(h'nts lespectin^^ divorce, including' tin' uniform practice 
 of the Senate, as exjilained l»y Mr. (iemmill, they were justified 
 in staixlin^' upon their strict le;^o»l rii,dits in the |)renii.s«'.s. 
 
 The statement of opinion of the majority <»f the Senat*' 
 Committee liy Senator (Jowan, chairman, ;^d\t'n «ni |»a<^e ',i of 
 the Senate proceediiij^s, amply explains wluit the attitude of 
 tlie C'ommitte*' was : the rule liavin;; heen that unless there 
 was a coimter chartre or some .such condition of artairs as in 
 England wouM jn.stify the intervention of the Queen's Proctor, 
 the Committe*' ou<,dit not under the rules, to ask .such <pies- 
 iums ex jtro/H'ia mutii. Had Mr. Dillon been ordere(| to ans- 
 wer any (|Uestit»n hy the (\»nnnittee, he would and must have 
 answered, and no presumption is to he taki'ii ai^ainst him for 
 Ids refiisal. Any such inference is unfair and contrary to 
 the rules of evidi'uce. 
 
 Nor (loos the willinL^ess with which Dillon answered th(» 
 (juestions as to his fidelity u[» to the time of his visit to I'aris 
 necessarily or fairly iniply that if he had heen asked the 
 fpiestions to his conduct suhse(|U»>nt to that date, his answers 
 would not have h(!en (piite satisfactory. Xo such le<.^al ird'er- 
 ence can be made. Mr. Dillon answered all <|Uestions which 
 were lawfully put to him. liv was never ordered to answer 
 any question, as to his suhscijuent conduct, and the right of 
 Senator Kaulbach tt) ask such (juestious was distinctly ob- 
 jected to by Senators themselves, overruled by the Com- 
 mitter and stricken from the record. Mr. Dillon was never 
 
1 
 
 placed in the position of rofnsinjjf to answer any (juestions as 
 to his chastity sul»s<'«|U('nt to his srpuration from his wife in 
 Paris. (■ounsel strongly contendcil tliat it was iinffiir to 
 endeavour to int<'i-poUite sui^^rstions and make evi<lence from 
 inferences whieh were improperly «h*HWii from the petitioner 
 havin^^ on tho advice of Ids counsel rrfnsod to answer a 
 (piestioii, tlu' r«*sj)()nsihility for which rested upon them. No 
 matter what tlu' practice is in other Provinces where <livorces 
 are ^rant«'d, the proceihire of the Senate and of Parliament 
 had heen otherwise, and these {)roceedin^s liavint; heen 
 instituted under rules of j)ractice, and a jurisprudence wliicii 
 was invariable in this respect, the petition<r was I'utitled to 
 have his coniluct and Ids pi^tition adjudijed and adjudicated 
 upon, accordin<x to the rules which liad pieviously ohtained. 
 With resjiect to Mr. Dillon, he was now in Kni^land on his 
 aninuil husiness trip, havim^ left on May lOtli. I hid he 
 thought he would 1h> recalled, he would have remained on 
 this side, hut lu; could not now return in tinu; to allow Mr. 
 McAllister'.s motion to be effective, otherwise tlian as throw- 
 ing the Bill out. 
 
 Un<ler all the circumstances of the case, considering that 
 this woman had not only fallen from virtue, l>ut had openly, 
 wantonly, and flagrantly lived on the principal street in 
 Montreal, in adultery witli this alleged t^ount. — had gone to 
 Quebec with him and registered as Madame de Villeneuvc;, — 
 and had subsequently, when his extradition was pronounced, 
 accompanied him to France, whei-e he is now incarcerated, it 
 should certainly re(p;ire nuich more than any objection which 
 had been urged, it seemed to him, to warrant Parliament in 
 refusing to dissolve a marriage tie, an<l compel a. man whose 
 whole life had been honourable and upright, to renuiin joined 
 to a woman whose conduct was not only unjustiflable, but 
 conspicuously and outrageously immoral, impure, and scanda- 
 lous. ■ ' . , r: • 
 
 . J '.