The morning times., 1896-02-26
BlGALEYS ARE DIVORCED
italian Countess Daughter Given
Custody of Her Children.
JUDGES SCATHING CRITICISM
Severely Scores Mr.. Bagaley and
Vindicates the Character of His
Italian Wife-Reviews Romantic
History of the Famous Case-They
Lived Happily for Ten Years.

Judge Hagner yesterday afternoon grant
divorce TO Mrs. Olga Palmer Bagaley,
daughter OF an Italian countess, from Water
man T. B3galey, for the last twenty years
well-known as resident of Washington.
Mr.. Bagaicy's father was wealthy iron
dealer of Pittsburg. His mother was mar
ried second time, her husband being a
Col. McA lister of this city. Mr.. Bagaley
had been twice married previously ana in
each case his relations terminated in a
divorce. His second wife was q Wash
ington girl, WHO has remarked since her
divorce and is living happily here now with
her second husband.
Judge HaGDer, in his opinion, which re-
quired an hour for its reading strongly
censured Mr.. Bagalcy. He completely ex-
oneratcd Mrs. Bagaley from theugiy charges
made against Ler by her husband ana gave
her the custody~of the children. He held
that the children are legitimate without
second marriage, as proposed by Mr.
Bagaley, and for The present even refused
| the father the privilege of seeing them.
MARRIED IN ITALY.
Mr.. and Mrs. Bagaley were married in
Italy twelve years ago and have three
children Both were then cutie wealthy,
| The wife had fortune OF 100000 in her
own right. They spent ten years IN COM
/ parative happiness ut San Reno, where
| The wires estates were, and in Switzer-
| land. In the summer OF s94 they came to
| America, apparently in connection with the
| husbands interest in his mothers estate.
Toward autumn they came to Washington
! to live with Mrs. Williams. an aunt of the
! husband. Mr.. Bagalcy got to drinking
| heavily and treated his family very badly
he was driven from the Williams resi-
dence and suit for divorce was brought in
November 1894. He was soon after put
| in the government insane asylum. His
wifevisited mthere. He was convalescent
and penitent. She was touched by his con
dition and treated him affectionately He
obtained leave to visit her at home here
That was March 8.
THEY WERE REUNITED.
They planned that he should be released.
the divorce proceedings dropped and the
| family reunited in home here. This plan
miscarried. He returned To the asylum and
when he was released she had gone to
Gaithersburg, with fixed purpose never 10
be recOnciled.
He then, in May last, filed an answer to
her suit for divorce. Testimony was taken
before r. j Murray as examiner. Thesum-
mer vacation OF the courts intervened. Be
fore hearing could be had upon reopen
ing OF courts In September, Mr. Bagaley
heard that his Wife had given birth to q
! child at Gaithersburs. The latter part OF
| October he filed rambling cross bill In
which he charged that this was not his
child. On December 3 Mrs. Bagaley an
swered this denying the charge of tnfidelity
Further testimony was taken and last week
| the ca ST. was submitted.
Judge Hagner yesterday reviewed the case
| in all its details. He quoted Jefferson's
wish that a sea of fire rolled between this
country and Europe to prevent the influx
| OF the vices OF the old world civilization
He himself did not wish this exactly, but
| he hoped tue day might come when foolish
| parents would cease to send their gold to
| Europe to buy at once European titles and
| European wickedness.
TAINT OF EUROPE.
| Even the little children in this case in
| their letters read in testimony showed the
| taint. They hated the restraints of Ameri-
can morality. They hated Easter and sun
| day here though they delighted in them in
| Italy. The difference arose from tue free
| and-easy manners prevalent there.
| Referring to the birth Of the child AZ
| GaitherSburg, he said it was undoubtedly
| Mr.. Bagaley's, the result OF the meeting OF
| husband and wife on March 3 against her
| protest. The charge of infidclity by Mr
| Bagaley, said Judge Hagner, was vile
| slander by this man in alastdeSperate effort
| 10 save himself from deserved disgrace
| Speaking of Mr.. Bagaley's assertion that
| they had never been properly married be-
| cause he had not obtained legal divorce
| from his second wife. Judge Hagner said
that does not benefit the husband in the
| least. 1t might make him guilty of bigamy
and land him in the peniteutiary. On the
other hand 1t does not in the least prevent
the wife from getting divorce.
But the marriage was legal, according to
| all the evidence, and the children were
| legitimate. The fact that the couple lived
| together as man and wife, anda ckno wledged
the relation publicly, was sufficient for that.
HER RESIDENCE HERE.
| Speaking of the wife'S disputed right to
sue here beca use OF her foreign birth, Judge
| Hagner said her marriage to a resident of
| this District here gave her residence here.
Mr.. Bagaley's living in Europe did not
terminate his citizenship in Washington
| unless he acknowledged allegiance there.
He could no more drop his citizenship than
he could drop his shadow. He must be a
citizen somewhere. 4 man without
country can only exist in fiction.
The certificates of American eonsuls
abroad. introduced in the case, he said,
should be accepted evidence ofthe highest
character OF the marriage, although there
had been decisions denying them that
quality. If the reverse We're held, the
effect would be severe upon families of
moderate means coming to this country.
They would be unable to obtain the more
| remote proof from the records on account
of the cost, and half the children of such
parentage here could be made illcgitimate
by application of this rule.
In concluding, he said he would give Mrs.
Bagaley divorce on the ground OF cruelty;
also custody of the children. Mr. Bagaley
might apply later for the privilege of
meeting his children. Should he show a
reform it would probably be granted.
Passenger Agents Here.