Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-03-15
JUGGLING WITH LAW.
How a Wife Was Divorced Without
knowledge on Her Part.
A SINGULAR OIL REGION CASE.
Lockjaw Claims a Small Wheeling Boy
After Jumping the Rope.
kEwsY NOTES FROM NEARBY TOWNS

ESPECIAL TELEGRAM TO THE DISPATCH,
OIL CITY, PA, March IA Venango
rounty divorce case of peculiar character
was called up for argumentat the last Argu-
ment Court on petition OF record. Ihe
case was OF considered by the Court, but
continued until a future date. Your cor
respondent has been investigating the mat
ter and reports upon examination OF the
records in the case he finds the following
remarkable state of facts:
On the 9th day of July, 1873, Dr. Benja-
min Nice, prominent physician OF Berks
county, Pa, was married to young and
beautiful girl. and the union was happy
one until. March, 1856. About this time
GOODNESS arose between them and the Doc
tor went to Florida, ostensibly for the ben
eft of his health, as alleged. Not long
after this prominent attorney of Reading,
Pa, wrote a letter to the deserted Mrs.
Nice, offering her large consideration If
she would proceed to get divorce on the
grounds of her husband deserting her. This
She refused to do, the last letter being written
TO her by the above attorney on May 2S,
1888
Negotiations then ceased and the wife
heard nothing more of the matter until
October s, 1891, when she received letter
from Prothonotary Evans, stating that the
doctor had procured divorce in Venango
county on December Is, 1888, less than
seven months after she had refused his offer
to become divorced for money considera-
tion.
Remarkable State of Affairs.
Upon investigating this remarkable state
of facts, it was discovered that the doctor
do
after his wife had refused to entertain the
proposition of the attorney. He had no
grounds for obtaining a divorce on the plea
of desertion. On arriving in Franklin on
June s, 1888, the doctor filed his petition
for subpoena in divorce against his wife
His allegations in this-petition are of such
a character that they are unit for publlca-
tion. A subpoena was awarded, directing
Mrs. Nice to appear before the court In
Nenango county and answer ms
charges The Sheriff returned this writ,
saving he could not find her. An
other subpoena was ordered and the
same return made of this writ. when
the Court then ordered notice to her pub
lished in the county papers, which was duly
made. OF course, being in local paper, tne
notice did not reach much further than the
boundaries of the county. and the wife had
no notice whatever. In November, 1905,
Hon. Judge Mccormick, who had been ap-
pointed examiner, returned the testimony,
which, by the way, consisted wholly OF the
evidence of the doctor himself. There was
no testimony given by any other person.
Under the law, as alleged in the petition
hereafter referred to- the doctor was 1ncom-
petenU to testify against his wife as to any
matter occurring during their marital rela-
tions, except the bare tact OF marriage, ana
the evidence as recorded shows tnat ne
even failed to testify to this TACT. Inc ooc-
tor was granted decree in divorce, and
hastened back to the eastern part Oh the
State and married another woman.
The Worried wifc's Revenge.
As above stated, wife No. did not hear of
this proceeding in divorce until OctoberS 8,
1891 nearly three years after the decree had
been granted, although the husband, it is
averred, knew all the time where she lived
and could easily have given her an opportu-
nifty to have defended her good name and
character. Soon after hearing Of her hus-
bands divorce and marriage she had him
arrested at Reading, Pa, for bigamy, and
Immediately filed her petition upon the
record of this county, setting forth distinct
ivelv and minutely the facts as above cited,
and praying the court here to annul the de-
cree granting her husband a divorce, main
tanning her innocence and alleging that all
the acts of her husband were fraudulent.
This matter was brought up for argument
on Thursday, the last day of argument court,
and was adjourned by the court until the
end of the jury trial next week.
As above stated, Nice was arrested at
Reading, Pa, Tor bigamy several months
ago and should the court here annul the
decree of divorce, he will immediately be
tried for the crime of which it is alleged he
is guilty. 1t is said that public feeling in
Berks county is worked up to fever pitch
over the matter. and as the libellant's father
is worth a cool 500, 900 every available means
will be brought into play to clear the de-
fendant of this charge.