Mexico weekly ledger., 1886-03-04
NEARLY ENDED,
1he.e Csfeesaasd Waaatsghsss niyesce
CAP te!sx ltsSdS


bingham divorce suit was submitted
tn the Kansas City Court Of Appeals
yesterday, the Srd, AN oral argument
being made by j. Med Trimhle on
tn" part of the plaintiff and w. w.
Fry Ter The defendant. That our
readers may fully understand this no.
ted case We will give "a short state
ment of the points,
Some time in the year 1882, the
plaintiff, WIN, Waddinghan, hroush,
suit III the circuit court of this coun-
ty TO have the bonds of matrilnony
existing between him and the defend,
ant, Paulina Waddingham. declared
I hn ity for the cason th,t the tie
i"ndant had a husband living ut the
time OF her marriage to the plaintiff
Mr. Wa.aalin=l,am charged that Mr~.
"atdIngham Was in lrried in the Yea,
iS45 at Detroit. Michigan, IL one
Charles r. Gavin: and that sail
Gavin was alive in 1853. when he.
a'td'nghain, was married To defend
ant, and that no divorce had ever
neen Obtained by defendant from
Gavin. Def uhant ut first denied
aud afterwards admitted that Gavin
was, and Is, alive, but denied that she
was ever married to him. The only
question in the case is whether de-
fendant and Charles II. Gavin were
married, a. alleged by plaintiff.
Charles r. Gavin was living in the
state of Louisiana, but now in Mis-
Snuri, hut as he claimed to be the
husband of defendant, he could not
testify On the triai. for the reason
that the law will not permit a hus-
band TO testify against his wife.
There was no record of the marriage
with Gavin in Detroit, the minister
said to have solemnized the marriage
Is dead, and the two witnesses pres
ent at the nuptials could not be
found. The plaintiff took a number
of dispositions of persons who lived
IN Detroit in 1S45, and knew Gavir.
and the defendant. They all say
that Gavin and the defendant passed
AS husband and wife and lived and
cohabited as man and wife. That he
introduced her to his acquaintance
as his wife, and she spoke of him as
her husband. ALI this the defendant
denied, and had dispositions of par
ties in Detroit who knew her in 1915
and who say hat if she was married
they did not know it.
The case was tried before Judge
Robinson without a jury. He held
that the evidence proved conclusively
hat defendant and Gavin we're mar.
ried and he therefore held that the
marriage with Waddingham in 1858
WAS no marriage, and void in law.
The defendant appealed from the
| Judgment of the Circuit Court to the
Kansas City Court of Appeals, OF
the ground hat a marriage canno,
be proven by cohabitatlon and repu
tation and declaration of the parties.
and that Judge Robinson erred wher
he held that it could be so proven.
The only questions to be passed OF
by the Court of Appeals are: 1st
Can a marriage be proven by cohab
itation and reputation and declare
ton If parties?
Mr.. Waddingham's attorneys ar
Messrs. Macfarlane & Trlmble ant
Hon. w. H. KEENAN, of Mexico, Mo
and Geo. P. Strong, Esq, Of st
Louis, as advisory counsel. Mr.
Luther Babcock, investigator o
titles of st. Louis, assisted in hunt
ing up the evidence.
In looking over the evidences il
the brief we find the following anus
ing letters from defendant in Mis-
sour to Tobias Hulett, in Vermont
ST. LOUIS, Sep. 4th.
Tobias now it is winter You mus
Gather eat milk or meat 0 remembe
milk is the best thing for the hart, mill
regulates the beaten of the hart yo'
must eat milk now rember you mu
eat milk. John read this to Tobias AM
make him eat milk and don't let hin
goout and get cold aud chilly rembe
as YOU take care of Tobias you will hav
the same care when you get old ant
sick now be good to him III every Wa.
I was looking for a letter from you
hope you get the Mcclellan of as | toll
you - . 9 John Mr.. w. about tw'
month ago he was drinking and drov'
wright into a street car he got pltcne'
out of the buoy and his head all cut an
his lip cut and hurt in the kldnes h
laid a bed a week and got we'll, las
week he got three ribs broke and lai'
in bed week and to day went to mexic.
to pay taxis l never see such a man
DeileVe IL Ills ncau WAS CLOpeu "! II
put it on and go and get a drink O
whiskey don't tell any M but Tobla
for MIR. w. would be mad If he though
l told it now may l hope you hav go
those papers | SEN you and got som
cloths now thank God for given m
money to send you and pray that IA
will give me more Tobias | pray for 20
all pray for me. Mr.. w. keeps tn
steem up only sober a few days L
a month it must feicn him burn TIL
letter as soon red. # -
Tobias | do not want that note re
newed for .his reason if Mr.. w. dies
will sell the note for fifty dollars les
than what il is and then they VIII oni
hav deducted out of the note what
Endorsed | will not let Mr.. w. Indoors
ANYTHING on it nothing is Endorsed o
the note only what was on 1T when l
left Poultuey he wants to indorse tn
money that he paid u to n tn
land u / will not let him now yo
want to sell me your life interests l.
that land then he cant ever get hi
money back that he has paid out 10
you will nav nothing his exicutor o
Hairs could get for You hay nuthing II
! power of eturnily that Frank has l
nuthing as he is not of age it is wort
nuthing now next year the land mus
be rented so we get the mony no
" .Ar q nd