The Portland daily press., 1894-06-09

And He Pronounces the Divorce Annulled
After Mrs. Libby Had Applied for a
Divorce She Continued to Live With
Her Husband-Some Interesting Testi-
mony.
Alfred, June 8.-Yesterday afternoon
the court took up the divorce matter of
Marcia E. Libby VS.. Charles A. Libby
different from the usual court matters.
1t would seem that Mrs. Libby, having
got weary of Charles and filed libel
in April for divorce, alleging cruel and
abusive treatment. The case came up
Monday, May 2S, and the tale OF abuse
| whichswas recounted to Judge Wiswell
so impressed him that he did not deem
it necessary to call any witnesses, and
Mrs. Libby was sent away in a much re-
lieyed state Of mind. On the following
Saturday she journeyed to far-away
Dover and launched her little bark once
| again on the uncertain sea of matrimo-
ny.
Now while all this had been going on,
| Mr.. Libby brought the attention of the
| court to the fact that up to within a
few days of the granting of the divorce,
"Marcian had been living with him as
his wife, SO forthwith she was sum-
1 moned to appear before Judge Wiswell
1 that he might determine if he had been
| imposed" upon in the divorce proceed
igs. Mr.. and Mrs. Libby were on hand
early in the morning, but the court was
not ready, SO they waited until the York
horse case had gone to the jury.
George F. Haley represented Mr.. Libby,
| and Fred S. Boothby for Mrs. Libby
! GRAHAM.
| Charles A. Libby testified: I reside
| in Saco; Mrs. Libby left home Monday,
April %; the following Thursday the
| libel was served on me; Monday morn
ing, when she left home we drove down
| to Biddeford; she said she was going
down to Alfred to attend probate court
and that she should stay in Portland
Monday night. next saw her in Port
| land two weeks later; She was in hack
l got in and we DIR owe to the Forest City
| Hotel; she said we must not stop in that
house, so we went to the Preble House;
| we came out to Biddeford on the Pull
man that night and I'VE went to our
home together; this was nearly two
weeks after the libel had been served on
| me; we lived together as man and wife
| for a week. She then went away and was
| gone two weeks she returned on Satur-
day, and we lived together as man and
| wife for week; she then went away
| and was gone two weeks; she returned
| on Saturday, and we lived together as
/ man and wife until Wednesday before
| the Monday on which she secured her
| divorce.
| Returning to the Wednesday, before she
got her divorce, the witness testified; In
| the morning before we go up she said,
"You go to Biddeford and will go to
North Windham, and this fall we will
| live together / saw her the next Sat-
urday and said, "Now Marcia. you are
not going to Alfred" She said "No"
THE DEFENCE.
Marcia E. Libby testified, I went up
to Windham on Monday, April q; stayed
until Fast Day; stopped with my aunt;
Libby came there; I left the day before
Fast Day and went to Portland: arrived
there at 9 O'Clock; saw Libby at the
Union Station; did not speak to him; /
| took hack and went up town; saw
| Libby on the street and spoke to him;
he got into the carriage; we went to
the Forest City Hotel; when we got home
/ occupied a room up stairs and he occu-
pied one down stairs; ! remained in Saco
until the Thursday following; during
this time Mr.. Libby sand l did not
occupy the same room; Libby came
there again and wanted me to return to
Saco and fix things up; l did not write
to him to come or promise to live with
him as his wife; have never lived
with him as his wife since 1 signed my
libel: paid all the outstanding bills
when l left him among them bills for
C lothing for him.
Cross-examined by Mr.. Haley, she tes-
titled: have been married since the
divorce proceedings: the marriage oc-
CURED at Dover, June ], to Edward
GRAHAM. did not know that I had no
right to get married until after court
adjourned.
Charles A. Libby recalled: l have
been crying around trying to get her to
come back and live with me: on the
Wednesday morning before the divorce
was granted, and before we got up, she
put her arm under my head and clied,
and said she would not get bill. did
the same.
The court took the case under consid-
GRAFTON.
SFA-COAST RATTFRy NRIIJ