The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-04-26

lation to their marriage and asked the
court 10 allow her nothing as giving
alimOny on such cases would cause de-
ceit and immortality
r. r VeTniH0n closed the argument
for Mrs Werner He also read and
discussed law books on lawful marri-
! ages. II was growing late and his
speech was consequently the shortest
He told the court that the old darkey
in Missouri whose testimony was taken
some time previously IN that state
could not be believed He pointed out
| discrepancies in his testimony and said
! that lie had been brought from the poor
house 10 testify and that the next day
he had a new suit OF clothes he ap-
pealed 10 the judge 10 give justice 70
Mrs. Werner and closed the argument
by saying that he left II 70 the Judg-
ment Of the judge whether Mrs Werner
should receive anything for the twenty
| Two years that she had labOred and ac-
cumulated property with Werner.
Judge Dale then said that he would
start al the beginning OF the case and
state some Of the conclusions al which
| he had arrived He said that first II
| must be considered that twenty-five
years ago wichita and the west as a
circumstances were different then from
now. As 10 the plaintiffs pleadings
| they admitted OF what they argued. As
20 whether they intended q legal mar
rage. he was convinced that they both
| intended 10 do so. AS Cole had intro
| duced Mrs Werner 70 Mr.. Werner. Mr..
| Werner must have known that Cole
was married 20 her and as there was
| some question at the time OF engage
ment at TO the right OF Mrs. Werner
marrying, and as Werner had brought a
| book 70 her showing that II Cole had
| two wives she might marry again they
| had both intended 10 make legal mar
rage But. he said, they had not made
| legal marriage. according 10 what
| the supreme court Of this state would
| likely hold II IL has not held so already.
so his judgment was that the marriage
was void
As TO the question OF division OF
| property he said that as Mrs. Werner
| had lived with Mr.. Werner for twenty
two years. and, as during that time,
they had accumulated much property
| so that at one time they were worth
| over 500. 600. and though that property
| had declined, and as all the property
| had at one time been in Mrs. Werner 8
| name Wnen ne was trying 10 avoid
| creditors, as there was some question
whether even now she had not right TO
the property on East Douglas avenue
| just west OF Towards livery barn, IL
was his opinion that she should have
a portion of the property. He then
reviewed the property OF Mr.. Werner
| starting AZ what he had when she mar
RED him and what IL was then worth.
and calculating that he was worth
now about $4,000, said that after max
| ing allowance for all that he had when
she married him decided that Mrs. Wer-
ner should have the house and all the
property in il where she now lives on
| South Water street and the brick block
| just west of Towards barn. and that
| Mr.. Werner should pay the costs OF the
/ suit.
Both parties objected 10 the decision
and as is usually the case neither side
got what they wanted and neither side
wore a very large smile. One thought
that Judge Dale would give her half
the property and the other thought he
would not give her anything.
DR.. and Mrs. Buckwalter entertained
Jesse Duncan and wife OF Conway
| Springs, last week.