The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-04-26
BONDS ARE SEVERED
BIG DIVORCE SUIT OF WERNER VS..
WERNER IS ENDED.

At Almost the Middle Of the Night. Judge
Dale Severed the Matrimonial Cord
Which has Bound Together the Lives
and Fortunes OF Two Well Known
Wichita PeopIe-Hereafter the Two are
singIe-A Division of the Property was
Made-Lawyers Argue the Case Four
Hours-Decree Rendered.
Last night at fifteen minutes after Il
o'clock, and after nearly four hours
argument by the attorneys. Judge Dale
rendered his decision IN the divorce suit
Of Rose Werner against Emil Werner.
This case has consumed two days 81
the court during this week All day
Thursday and up 70 noon OF Friday
evidence was given 10 the court. The
attorneys objected and excepted, and
the Judge overruIed and sustained their
objections and then at noon Friday
stated that ne would hear the argu-
ments in the case al 7:30 Saturday even
ing.
All the arguments OF the attorneys
were exhaustive and learned and show
ed that many a hard worked hour had
been spent deIving into the mysteris
and mazes of the law and that a great
fund OF legal knowledge had been
drawn upon.
". z. Stanley opened for the plaintiff,
Mrs. Werner. He told how that differ
ent courts OF the land had held that
such a marriage as the one before the
court had been held a legal marriage.
He also reviewed the testimony show
ing that Werner had struck his wife;
that he had used harsh language 10
her; that he had entered into maria &c
with her knowing that she had been
married to Cole. He showed that Mrs.
Werner had help accumulate the prop
erty; that she had scrubbed floors, tend
ed bar in the saloon and even washed
out the spittoons. He asked the court
not TO turn the woman helpless into
the street, but 10 give her division OF
the property as a [ one time all the prop
erty had been in the hands of Mrs.
Werner and that now she had right TO
several lots on South Water street and
one building in the third block east on
Douglas avenue.
S. B. Amidon followed for the defend
ant, Mr.. Werner. He told how that
different courts throughout the coun-
present one held 70 be not a legal mar
rage. He said that Mrs. Werner knew
that the kind Of a place she would live
in-was such a one as she did live in
and that if she did not want TO live
that way she should not have married
Werner. He dwelt much on certain
cases which had been before the su-
preme court OF this state and which he
explained very clearly 70 the judge. He
said that the marriage was void from
the beginning and that therefore Mrs.
Werner should not be given alimGny.
He also said that Werner had property
when he married Mrs. Werner. He
also said that after Cole left Mrs. Wer-
ner She changed her name from Cole
to Smarsh, which was her maiden name
and drew the conclusion that this show
ed that Mrs. eWrner was trying 10 de-
ceive Mr.. Werner. He repeated often
that Warner offered her his house and
that such as il was she accepted and
that she should be satisfied.
j. F. Comfy then concluded the speech
of Mr.. Amidon, his partner. He also
read TO the court decisions Of other
courts and OF the supreme court Of this
state, where marriages which were IN
lawful in the beginning were always
UNLAWFUL ne CiGllnru lldI the pam
tiffs had not alleged in their pleadings
what her attorneys We're claiming in
argument. He then went on 10 ans
wer an attack made on an old darkie
witness In Missouri who said he had re-
ceived a letter from Cole after Wer-
ners marriage. He said the witness
was an honest old negro and was tell
ing the truth. He then attacked Mrs.
Werner as a deceiver OF Werner in re-