The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-22
A SAD FAMILY PARTING.
Children Present at Divorce Trial of
Father and Mother

After stemming life's tide hand in
hand for "A long years, Mr.. and Mrs. P.
w. Hamilton have come to- the conclu-
sion that each others company is no
longer desirable and they had best part.
Mrs. Hamilton says that the man she
promised to love, honor and obey, has
changed and she can no longer live
Mr.. Hamilton states that by reason of
i'll health and financial losses, mis- wife's
mind has become deranged, and that he
can no longer reside with her in peace.
Both desire a separation.
Mr.. and Mrs. Hamilton are we'll
known Since their marriage "a years
ago they have lived on a farm two miles
north of Topeka, and during that time
they have been fairly prosperous. Mrs
Hamilton is a sister-in-law of T. NJ
James, the well known grain man and
farmer of North Topeka, who is now the
candidate for mayor on the recently
constructed citizens ticket. They have
four children, the oldest q years of age
and the youngest 9.
The action for divorce, brought by
Mrs. Hamilton, was commenced before
Judge Hazen in the district court Mr..
Hamilton. through his attorney, states
that he was perfectly willing that the
divorce be granted, and the minor chill
dren entrusted to the care of their
mother, but that he would contest the
petition for alimony and property rights
and the case is occupying the entire
time of the court today.
The property involved in the case in
cludes the homestead, consisting of a Is
room house and seven and half acres
of land, a 73 acre farm north of North
Topeka and several dwelling houses at
different locations on this side of the
river
Mr.. Hamilton is willing that his wife
retain the homestead, and says that ev-
en- if the court gave him this property,
he would deed it to her, but he believes
that the other property should remain
his own.
All of the children are on their moth
er's side, and the three Oldest, William,
Clarence and Lena, have occupied seats
beside her in the court room during the
progress of the trial.
The testimony of the children was in
troduced by the attorney for Mrs Ham
ilton, simply to show that their father
has been abusive to their mother In
this regard, Lena, the little girl, u
years of age, testified:
Odd you ever ISee your father
abuse your mother?
Ayes, sir; saw him slap her, and
curse her and push her.
Q.-Do you remember of your father
and mother having trouble at the barn
one Sunday morning?
Ayes, sir; mamma wanted to go
to town, and papa wouldn't let her get
the horse. He pushed her away from
the barn and locked the door, She then
started to go to neighbours to get
morse, and then papa sent my brother
Clarence after her to tell her that she
could have the horse. Mamma came
back and went into the house to get
ready, and while she was dressing papa
told Clarence to take the buggy and go
to town. When mamma finished dress
ing she was going to the neighbours
again, but papa wouldn't let her and
locked her in the house.
Q.-DO you remember of your father
pushing you mother against a book case
one day?
Ayes, sir;I was down stairs and pa
pa and mamma were up stairs in one of
the bed rooms; heard mamma scream
and 1 ran up stairs, and papa had her
pushed against a book case.
Q.-Do you remember of trouble your
father and mother had one day when
your grandfather interferred?
Ayes sir mamma had been to town
and heard something, and when she
came home she told papa. Papa told
her that if she said it again he would
end his life. Mamma said it again,
and papa went to strike her, but grand
pa stepped between them.
Q.-Who would you rather live with,
Lena, your father or your mother?
A.-Mamma.
When Clarence Hamilton, one of the
oldest children, 10 years of age, was
placed on the stand, he broke down
completely and sobbed for several min
uteS.
When he commenced to cry, his little
sister sitting by her mothers attorney,
who had been perfectly cool on the wit
ness stand did likewise, and it was not
long until the mother and the oldest boy
were looking at the floor and wiping
their eyes. The case rested until the
emotional display concluded.
Hamilton will introduce no testimony
in defense of the statements made by
his children in regard to abusing his
wife. He declares that the statements
are wholly false, but will give his entire
attention to contesting the property
rights and petition for alimony. Sew
eral witnesses, who were introduced by
mis- attorney this morning, stated that
Hamilton always kept his family well
provided for.
Mrs Hamilton has on two previous
occasions filed petitions for divorce, but
both were Withdrawn after having talk
ed the matter over with her husband.