The record-union., 1891-10-03
PERSISTENT MRS. WAGNER.
The Story of How She Pursued Her
Husband for a Divorce.
After Five Years She Succeeds, but the
Litigation Continues-Judge
McKune Gets Riled.

A side issue of the somewhat notorious
Wagner divorce case bobbed up in Su
perior Judge Catlin's court yesterday.
This case has been before the courts five
years already, and bids fair to stay there
for an indefinite length Of time.
The litigation began in January of the
year 1856, when Mrs. Helena Wagner sued
for a legal separation from her husband,
John Wagner, in Yolo County, on the
ground that he had neglected and de-
ever, able TO make out a good case, and
her
PETITION WAS DENIED,
1t having been shown by the husband
who contested the suit-that her allega-
tions We're untrue. Not satisfied with the
Mrs. Wagner moved for new
trial in the same court, but from all ac-
counts this appeal was never decided. At
any rate, she evidently considered this
process too slow, for in June, 1888, she
commenced a new suit in the Superior
Court OF San Francisco, this time alleging
cruelty, neglect and desertion. Wagner
contested again. First, he succeeded in
County, and subsequently, when the case
came on for hearing, he succeeded III de-
featlng his Wlle'5 purpose again, the case
this time being dismissed.
Still Mrs. Wagner was persistent and
in June, 1889, filed papers III new suit
in this county. Her charges this time
were cruelty, Willful neglect and deser-
verdict in favor Of the husband, and vir-
tUally decided that all OF her allegations
were untrue. she appealed for new
trial, but it WAS denied.
SUCCESSFUL FINALLY.
These numerous setbacks would have
dismayed any ordinary person. But not
SO with Mrs. Wagner. She had her Tea-
sons for wanting the divorce, it subse-
quCntly appeared, and she was deter
mined to have it. So, in January of the
present year she began still another ac-
tion for divorce in san Francisco, alleg-
ing again cruelty, negligence and deser-
ton. Wagner bobbed UP as usual with
his opposition and succeeded in having
the case transferred once more TO Sacra-
mentO County. But this time, it appears.
the wife had some new and stronger evil
dence and managed to get divorce on
the grounds of desertion. Then the
"nigger IN the woOdpile'' was discovered.
Five days after the decree was granted
Mrs. Wagner was married to John Wohl
from, wealthy YOloite.
The side issue which came uD for hear
ing before Judge Catlin yesterday was
Mrs. WagneI's attorneys (eX-Judge Nc
kune) motion to have her eX-husba
pay her counsel fees and the costs Of the
suit.
STILL CONTEsTING.
Wagner has done so much contesting
that it created no surprise when he ap-
peared in court yesterday with his attor-
neys, Hiram and Albert Johnson, to OPP
pose the motion. Hiram Johnson pro-
duced a formidable-looking affidavit,
sworn to by Wagner, and read it for the
benefit Of Judge Catlin and Mrs. WohI-
from's attorney. In the document Wag-
ner set forth that he was not in a con-
ditiOn financially to ray the costs and
counsel fees. BE said he had no separate
means or estate Of any nature, and was
now only earning between $50 and S60per
month at his trade, that of a mechanic.
One OF his hands was crippled.
and by reason of that his
employment was not as lucrative as it
had been formerly. He alleged that his
eX-Wite, by her constant, VexatiOus and
unconscionable litigation, commenced in
bad faith, had kept him poor, and had
rendered it impossible for him to save
any money. Since 1856 he had been con-
St9ntly defending actions for divorce.
He had reason to believe that her new
husband. Wohlfrom, was wealthy, and
able to pay her fees-and Wagner offered
an affidavit from Yolo County officials,
showing that Wohlfrom was assessed in
that county for something like $780, 900.
MRS. wAGNER's HASTE.
After reading the affidavit, Attorney
Johnson INDUCED in a brief oral argu-
ment, in which he was quite bitter in his
denunciatiOn Of what he termed Mrs.
Wagner's indecent haste' in getting
married, after the decree of divorce was
granted. He said that she was aware that
Wagner would move for a new trial,
to the Supreme Court, yet she needed it
not. Mr.. Johnson said it would be
great injustice, and would be gratifying a
revengetul woman, to compel Wagner,
who was only earning a small pittance,
to pay her fees, when she was in POSI-
tion to pay them far better than he He
declared that she had no other. object
than to humiliate and impoyeTish Wag-
ner, as she bad been known to remark
that she would grind him down to his
last cent, because Of his opposition to her
suit for divorce.
Judge Catlin was remarking that, in his
opinion, Wagner's ex-Wife should pay
her own costs, when the lady's attorney,
Judge McKune, interposed a vigorous
objection. Does your honor propose to
decide this case without hearing our
side?' he asked somewhat warmly.
''Oh, know all about the case" re-
piled Judge Catlin. ''I remember when
the testimony was being taken, and am
familiar with it. This man is cripple.
really, and not a sound worllingman.
she has married a man who is more than
able to pay all OF her litigation expenses"
STRONG TALK.
"But, your honor, exclaimed Judge
McKune, getting red in the face, and con-
siderably excited you are ruling that
somebody else-an outside party-should
pay for something that this man should
pay for. Now that's just the plain
English Of it, and don't care how you
put it,"
That's what I meant" said Judge
Catlin, stoicallY.
Wei -but-your honor" stammered
Mr.. McKune, Suppose that I show you
that the law bids you decide differently
viii you still persist in your opinion?''
Il think So" said his honor, still as