St. Paul daily globe., 1891-01-25
DISCUSSED DIVORCE.
A Group Of Local Anecdotes
to Illustrate a Point in q
Law. OF
SIS
~
New Marriages Before the Ink
Is Dry on the Divorce as
Decree. 20
bn
al
Cases Where Fraud Was Dis.
covered After the Second 20
Weddings. .si
i
9i.
Judges and Attorneys Give
Their Views on the Di- Isl
vorce Code. as

Representative Penney, of Hennepin,
and a coterie of the prominent members
of the house, together with several well
known lawyers, we're discussing meas
ures now before the Legislature at the
Merchants Friday night. Mr.. Penney's
bill regulating divorce proceedings
came up during the course of the con-
yersation. The attorneys displayed
eager interest in the tenetS of the bill,
and they drew from prolific fund of
extraordinary experiences to illustrate
points they attempted to prove favora-
BILE to Mr.. Penney's bill. Among the
anecdotes Iecited were these:
In the gathering was justice of the
supreme bench. He prefaced his story
with the declaration that he had had a
varied experience in divorce trials dur
ing his thirty years practice at the bar,
Indeed, the mere explanation that he
made himself famous in one particular
case may be sufficient to reveal his
identity to the reader who is familiar
with legal happenings OF dozen years
ago or so.
Il believe the measure is wholesome" !"
said he with evident earneStness and
feeling. ''There certainly should be
more rigid restrictions thrown around
divorce DEGREES. While am speaking
recall a peculiar instance that may be
of interest to you, so will tell it. 1t
will serve to illustrate the expediency
of curative lawn the interests of
morality. Several years ago Col. Kerr,
of st. Paul, now judge OF the Second jul
diclal district, was appointed referee to
take evidence in certain divorce trial.
The plaintiff, in his own behalf. ap-
peared before the referee and testified
that his wife, the defendant. was
then an inmate of scarlet house
somewhere in New York State.
He did not know exactly where, how
ever, but he insisted that he could prove
t he fact if given time to produce wit
ness who had actually met her there.
Thereupon he asked for a continuance
of three weeks to adduce this important
evidence. Upon the face of this reyela-
ton it appeared quite proper that the
prayer of the plaintiff should be grant
ed, and, accordingly, the trial was post
poned for three weeks. II
''Well, just prior to the expiration of
the prescribed time, stranger appeared
before Col. Kerr and explained that he
had been requested by the plaintiff in
the action to come before the referee
and give his testimony. He was acr
cordingly sworn and he gave very
graphic narrative of meeting with the
defendant in the action. The witness
said tnat he had been Intimately ac-
Quainted with her when she was living
with her lawful husband, and he then
gave a realistic description of the shock
that he had experienced upon the
chance meeting in bOrdel. There
could be no possible error concerning
the identity of the defendant, and the
court, upon reviewing the evidence.
gave decree of absolute divorce. s
"a year or so later" pursued the JUS
tice, ''thiS defendant went to prOml-
nent lawyer, who is considered excel
lent authority upon the technique of di-
vorce law, and asked advice. 1t was
then that he made an astounding exposi-
ton. He explained that he was about
to marry again. but he wanted to be
protected from serious consequences as
the result of any irreguIarity that might
possibly have been exhibited in the con-
duct of his divorce trial. He particu-
larlzed that he went first before the
referee and gave his testimony and
that he then left the city for three
weeks, let his beard grow, and clad In
suit of clothes as unlike as possible
to the dress he had worn at the first
hearing, he gave evidence under all as
sumed name. His disguise was so COM
plete that he was not detected by the
referee. That was his story After the
attorney had become satisfied. through
a critical examination of the client.
that the first Wife's whereabouts were
still unknown, and that there was no
doubt as to her life of shame and dissi-
patton he advised his client that no
danger would likely attend the proposed
second marriage should he yigilantly
keep his own counsel, and the new
bride was shortly after led to the altar.
And, l am informed" amplified the
speaker, after moments pause, ''that
a happy union was the result"