St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-03-06
The ELLSWORTH CASE
An Iowa Divorce Which Is
Exciting Attention in Sew
eral States.
Mr.. ELS worth Charged With
Sharp Practice in SecuP-
ing Separation.
His Ex-Wife Now Wants the
Decree Declared Null
and Void.
Charges Made Against Her Of
an Ultra Sensational
Character.
Special to the Globe.

Special to the Globe.
Iowa FALLS. To-, March 5.-But little
else is talked of here at this time than
the approaching trial of the divorce case
of Ellsworth VS.. Ellsworth, which has
been set for Tuesday, March 8, at Ell
dora. So great is the interest that the
Chicago. Iowa s. Dakota Railroad COM
pany is making arrangements to run
special trains on that day between this
city and the county seat and give eX-
cnrSion rates. 1t needs no prophetic
skill TO announce in advance that the
shabby little court house of Hardin
county will be crowded as it has not
been since the Rainsbarger trials, and
that not one in ten of those who go
will be able to obtain admittance. The
intense interest thus manifested Is not
hard to understand, when the prOmi
nence of the parties to the suit is con-
Sidered. and the very sensational char
acter of the charges each makes against
the other E. S. Ellsworth, the plaintiff, is
conceded to be the WealthieSt man in
Iowa Falls. and the amount Of his pos
sessions fall but little short of ''cool
million" of dollars. Besides his fnan-
cial prominence. he did at one time eS-
say political leadership, and the most
exciting political contest that Northern
Iowa has ever known was probably that
which cOnvulsed the Thirty-seventh
senatorial district in 1889, when Gene"
Ellsworth was
A Candidate for Senator.
His candidacy caused a split in the
Republican party which has not en-
tirely healed to this day, and he was
defeated by about two hundred plur-
atty in district which he Republicans
usually carry by about three thousand
majority. 1t is proper to say that his
successful opponent was also Repub-
lican, the candidate of what was
then known as the "Anti-Ellsworth
faction" Mrs. Ellsworth, the defendant,
has been as prominent socially in Iowa
Falls as her husband has been fnanci-
ally and politically, and, more fortunate
than he, she has been decidedly popular
with all classes. Even in the heat of
the bitter political campaign through
which he passed, rhis bitterest enemies
had no word to say against his wife.
whom all esteemed. In view of
this, the news that E. S. Ellsworth
had applied for divorce on the
ground of infidelity created more pro-
found sensation in Iowa Falls than it is
possible for people unacquainted with
these facts to conceive. There was a
universal Outburst of incredulity, and
indignation ran so high that, at one time,
there was great danger that the more
excitable would give violent expression
to their feelings upon the person of
The Offending Husband.
Wiser, though not less indignant men,
dissuaGed them from such measures.
One thing, however, none were able to
understand, and that was why Mrs.
Ellsworth should remain in Colorado,
while such charges were pending
against her and make no defense. This,
and this alone, did weaken the conf
dence of many who were at the outset
her most determined champions. There
was, however, no lack of condemna-
ton of the manner in which the
trial was conducted in court. The
case was the last on docket of over one
hundred cases, but by some means Mr..
Ellsworth's attorneys succeeded in hav-
ing it called as the very first for trial.
The defendant not being present nor
represented by attorney default was
entered and decree granted. There
were not to exceed half a dozen persons
in the court room when this
was done, but 1t did not es-
cape the attention of some of
these that no testimony was heard in
support of the charges made in the
plaintiffs petition. and, when curiosity
led them to examine the court records
after adjournment, nothing was found
upon the clerks files to show that any
testimony had been presented. 1t was
afterward learned that the plaintiff and
his counsel had submitted to the judge
at the hotel
Some Ahidavits
in support OF their allegations. While
these peculiar features OF the trial were
still being discussed by a very unsats-
fed public there came infor nation of
on Mrs. EIlWorth's part to
have the decree of divorce set aside and
the case reopened. The allegations set
forth i'll her petition were SO remarkable
that they would have been regarded as
wildly improbable but that the peculiar
features of the case, already remarked
upon, gave them an air OF rea-
and even of probability.
She alleges that she had never seen nor
heard read the original notice pur-
ported to have been served upon her,
and that her signature to the accept
ance of service had been secured by
fraud and Misrepresentation, and that
in signing it she believed that shs was
signing a document of entirely differ
ent character. She further alleges
that subsequent to the date
of this acceptance of service
Nov. 16. 1891, Mr. Ellsworth and her
self continued to live together as man
and wife, occupying the same room and
the same bed. Her trip to Colorado was
taken at his suggestion, and 1t is little
remar kable that he sent with her his
daugh liter Carrie, the two starting on
Nov. 81 the very day that his petition
was filed declaring her
An Unfit Person
to have the custody of the children.
Letters which he wrote her while in
Colorado contained no intimation that
divorce proceedings had been begun,
and her first knowledge of them was in
a letter from his attorney, G. NJ. Maggie,
her that a decree had been
issued. Since the filing of this petition
a part of the testimony upon which
the divorce was granted, has
been placed upon the files by
Ellsworth's attorney. The princi
affidavit by Charles Toogood. former
having had intercourse with Mrs. Els
worth repeatedly. This is regarded as
absurd by those who sympathlze with
the wife, as Toogood, although mere
boy in years, is VIGOROUSLY tough,
and during the last few months
of his stay here was almost constantly
drunk. 1t is argued that even had Mrs.
Ellsworth been disposed to be unfaith-
full to her marriage vows, she would
scarcely have selected such paramour
as Toogood. while bis known unreliable.