The Topeka state journal., 1897-12-03
SEEKS DIVORCE.
Mrs. Robert w. Day Brings
Suit Against Her Husband,
Resident Engineer of the Rock
Island Railroad.
WILL BE NO CONTEST.
IncompatabiIity of Temper the
Only Cause Alleged.
Both Parties Are Agreeable to
the Arrangement.

Mrs. Robert W. Day commenced pro-
ceedings in the district court yesterday
afternoon for a divorce from her hus-
band, Robert w. Day, resident engi-
neer of the Rock Island railroad.
The papers were filed by A. B. Quin-
ton of the firm of Quinton & Quinton.
Mr.. Quinton was reticent about the
case but finally said that the charge
will be the statutory one of abandon
ment. Judge Quinton intimated, how
ever, that in case Mr.. Day decides to
make a fight that more sensational
charges may be made. He refused to
say anything about their nature.
Mrs. Day and her daughter are in
Valley Falls and could not be seen. They
move in the best circles in Topeka and
Mrs. Day much regrets the necessity of
entering the courts in order to secure
a legal separation.
Mr.. Day has been absent in Nebraska
this week, and returned to this city this
morning. Shortly after arriving at his
office in the Rock Island depot building
he was served with the usual divorce
papers, and in this manner received his
first information of the filing of the
suit
Mr.. Day was, as might be expected,
reticent about the matter He said,
however, that Mrs. Day had no 'sen-
sationaI grounds for bringing suit,that
he understood the chief ground was in
compatibility of temper" and that he
would not contest the case or make any
trouble of any kind.
nave Deen paying DlllS incurred Dy
Mrs. Day" said he. Some time ago L
assigned all my property to my wife,
and she has had an income from that.
My son has been living with me, but
my daughter lives with her mother and
1 support her, and shall of course con-
tinue to support her. Mrs. Day went
to Europe in company with my daugh-
ter several years ago and remained
there for several years, and at the time
1 know there was talk about me i'm
| tending to institute divorce proceed
ingS. But there was absolutely Moth
ing in that. I had grounds for
| bringing suit for divorce and never had
any intention of doing So My wife
| went to Europe to be with my daughter
who was studying music there, and, the
| assignment of my property to her was
| a matter of mutual agreement. If I had
| been in the city when this suit was con-
/ templated / don't think it would ever
have been filed. Now that it has been
filed the matter will simply be present
ed to the Judge on an agreed statement
of facts and pass off quietly. I have no
intention of contesting the case
Mr.. and Mrs. Day We're married in
England about 25 years ago, and have
two children, Miss Mabel Day, aged q
years, and Herbert Day, a boy of u
years. The daughter has lived with
her mother since Mr. and Mrs. Day
separated by mutual consent about
three years ago, while Bert" has re-
sided with his father. Miss Mabel Day
is an accomplished musician.
For the past three years Mrs. Day
]
beautiful summer home in Manitou
Colorado, which is a, part of the proper
ty assingned her by Mr.. Day. She also
spends considerable time with relatives
in Kansas City and Valley Falls. Miss
Mabel Day has always accompanied her
mother on visits to Colorado and other
places.
The story of the divorce proceedings
at the time Mrs. Day went to Europe
was to the effect that Mr.. Day had as
signed all his property to his wife with
the understanding that he was to bring
suit for divorce and the case was not to
be contested by Mrs Day. It is said
that after she obtained possession of
the property Mrs. Day changed her
this reason the suit was never institu-
ted.
Mr.. Day came to this city with the
entrance of the Rock Island road in
1886. He helped survey the right of
way of the road through Kansas and
Colorado, and after the road was built
was given the position of resident en-
Missouri river. His work is of such a
nature that he is compelled to spend
the greater part of his time on the
road, and is in this city but few days
every month.
The disa greement between Mr.. and
Mrs. Day dates back several years. It
was eight years ago that Mrs. Day
family differences commenced shortly
after the Day family removed to Tope-
ka from the east.
Mr.. Day is well liked by his associates
in railroad service, and the entire fam
lily have the respect of all who know
them.