Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-06
GLOBE THURSDAY MORNING. NOVEMBER 1879
WELLER VS.. WELLER.

WELLER VS.. WELLER.
The Divorce Suit Finally Brought to-
Trial-The Plaintiff Tells Her Story in
Court-A daughter Ten Years Old as a
Witness.
The case of Emeline Darling Weller
against her husband, Emory A. Weller came
up for trial before Judge Brill yesterday.
Gen. J. B. Sanborn appeared as counsel for
the plaintiff, and the defendant was ably
by Messrs II. J. Horn and J. B.
Bri shin.
The complaint, which was given in the
GLOBE in detail at the commencement of the
action, states that the plaintiff Emeline
Darling was married to Emory A. Weller
in Bridgeport, Conn.,, on Nov. ~, 1868;
that plaintiff is 40 years of age and defend
ant 81. That the fruits of the marriage is
one child, Lena D. Weller, now 10 years of
age, who now lives at Wilton. Conn.
The complainant charges the defendant
with treating her in cruel, and in
human manner as regards their marital re-
lations so as to endanger and impair her
health. That during the eleven years of
their married life and up to within ten
months previous to filing the complaint the
defendant persisted against the wishes of
noxious habits. That the defendant has
failed to properly provide and support her
and the said child with the necessary COM
forts, and she has been compelled to seek
the aid of friends and relatives,
md +A@ <5oEo~
valued at about $4,000, and that during
the eight months previous to the commence
nent of this action, although she had ro-
peatedly asked for money, she had received
only about 1923 during that time. The
plaintiff therefore prays that the bond of
matrimony be dissolved, that she be al
lowed alimony and the custody of the child.
The defendant filed an answer, of which
the following is an abstract:
Tha defendant admits the names, dates of
the marriage, birth of the child and resi-
dence of the parties, and denies the balance
of the complaint. The defendant states that
his estate, which consists of real estate and
half interest in partnership business
was not worth, at the time of the commence
ment of this action, over $3.50 That he
has always provided for his wife and child
That the plaintiff has been in the habit of
abstracting secretly money from the pockets
OF his clothes, while he was asleep, amount
ing to about ss4O0. That the plaintiff secret
ly and without ever making any complaint
to the defendant that she was dissatisfied
with him or his conduct, and that the day
previous to the service of summons on this
defendant, the plaintiff deserted said defen-
1oro% or,1 oh nj IS1 1Is
with her personal property belonging to this
defendant to the value Of $500 and 1886 in
cash. That as the plaintiff is a person OF
violent temper and unsound judgment, the
plaintiff ask for judgment and the custody
of his child.
The plaintiff files reply to the above
answer, denying the allegations set forth as
regards her pilfering money or taking any OF
the personal property of the defendant.
The plaintiffs counsel, Gen. J. B. San
born, opened the case by reading the com
plant, answer and reply, and then called
Mrs. Weller to the stand, who gave in detail
an account of the acts charged in
the complaint. j: B. Brisbin, for
the defendant, then subjected the
witness to cross examination which re-
viewed her life from the time of her first
acquaintance with defendant to the present
time. A lengthy deposition, made at Fair
field county, Conn, by George E.
Weller, son of the defendants
in which the witness testified that his father
was of harsh, cruel and penurious nature;
that he had frequently knocked him down
and beaten him, and that owing to his cruel
treatment he was forced to run away from
home.
A deposition of the Lena D. Weller, the
child of the parties in the suit,taken in Will
ton, Conn, in which the defendant was
charged by her with acts which we're revolt
ing in the extreme. After lengthy discus
sion between the attorneys the court ruled
against the introduction of the DEPOSITION,
the counsel for the defendant oonceding the
point that the child should go to the custody
of the plaintiff if decree was granted.
DIR. Hand, the attending physician of the
Weller family, was called and testified
to the ill health of the plain
tiff during the past two years, and stated
that the acts detailed by the plaintiff would
bring about condition of health in which
he found her.
of DR.. Hand as regard to what would pro-
uuc9 Cuo COuOlLlOn OF Q6alCn IN Wn1Cn the
plaintiff was when the action for divorce was
commenced.
= The plaintiff then rested, and the defense
opened their case by calling DR.. Flagg as an
expert witness, who testified that the
condition of the plaintiff might be
caused by the actions of the defendant as
stated in her testimony, but that the general
debility of her system was probably
the result of other causes. He
stated that it would almost be physical
impossibility for man the age Of the defen-
dant to commit acts such as charged in the
complaint.
DR.. Stewart corroborated the evidence of
DR.. Flagg, and at this juncture the court ad-
journed until this morning at O'Clock.
RFFTYAT WORK