
    *Mary Pastoret versus John A. Pastoret.
    Upon a libel for a divorce for the cause of adultery, if the respondent would show a like crime committed by the libellant, to prevent the divorce, he must plead it, or he will not be permitted to give it in evidence.
    Upon a libel for a divorce from the bonds of matrimony, the respondent pleaded that the several allegations contained in the libel are wholly false, and thereupon prayed that the divorce prayed for might not be granted.
    The respondent then moved for a continuance, and filed his affidavit, stating the absence of a material witness, by whom he expected to prove adultery in the libellant.
    
      Blake and Smith for the libellant.
    
      Welsh for the respondent.
   The Court

said they should not permit evidence of that kind to be given under the present plea, but that the plea must allege the facts which he intended to prove, in order that the opposite party might have notice of the charge, and prepare herself to repel it, if in her power.

The respondent had leave to plead anew, and in his plea, protest ing against the truth of the several allegations contained in the libel, says that the said Mary hath, at divers times before the filing of her said libel, committed the crime of adultery with one M. Luyo, and with divers other persons; and therefore he prays that the prayer thereof may not be granted.

And the libellant for replication says, that all the allegations contained in said libel are true, and that, by reason of any thing above in the answer of the said John contained, she ought not to be precluded from having the prayer of her said libel granted; because she says that all the several allegations in the said answer contained are false and groundless, and that she is in no wise guilty in manner and form as the said John in his said answer hath alleged; and this, she prays, may be inquired of by the Court.

And the said John likewise.

Upon the hearing, the libellant substantiating her charge, and the respondent failing to prove the allegations contained in his plea, a divorce a vinculo was decreed.  