Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-13
A HUSBANDS SUIT
Charles W. Smiley Seeks to Enforce
an Ante Nuptial Compact.
ALLEGATIONS MADE In TIE BILL
The Alleged StipuIations Previous
to the Marriage.
7 E X NJ S OF VORC E
ALLEGATIONS MADE In TIE BILL
T E r NJ S OF DIVO RICE

Charles w. Smiley. through Attorney
Charles w. Fits, this afternoon instituted
proceedings in equity against Elizabeth l..
Smiley for the purpose of securing the spe-
cific performance of a certain agreement
The suit is another step in a case in which
an alleged Objectionable condition of affairs
was said by Mrs. Smiley to have existed
She sued for divorce, and the Sd of last
January Justice Cox signed decree pro-
viding that the parties be separated from
bed and board forever, provided however,
that they might, by their joint and mutual
free and voluntary act, apply to the court
to be discharged from the decretal order.
In her petition for divorce Mrs. Smiley
explained that her husband and herself
were first cousins, and that prior to her
marriage he had become her adviser in all
matters relating to her financial affairs
obtaining such control over her actions
that she practically had no will of her own,
in that he even made her believe it was a
favor to her to allow him TO take 81, 600 of
her money, invest 1t in his own name and
give her his note without any security
thereon.
Some time previous to their marriage. de-
clared Mrs. Smiley, the defendant began to
teach her and inCculate her with Ideas not
in accordance with modern civilization;
that he made out a list of petty offenseS
against him for which she should pay fines
varying from = cents to 81. requiring her to
agree to pay the same cheerfully and with
out any appeal or argument; that he made
her married life enc of continuous self
effacement, abnegation and bending to his
will, that he forbade her to come to her
home because her presence disturbed the
atmosphere in which it was necessary for
him to live, and many other recitals of
like nature. including those of physical
violence.
Trustee Appointed.
1t is provided by the decree of Justice
Cox that Emma NJ Gllett be appointed trus-
tee for Mrs. Smiley, to take title to the real
estate in the cause, set out as purchased
with her funds, the same being adjudged
to be the separate estate of Mrs. Smiley,
free from the control of Mr. Smiley.
1t further ordered that Mr. Smiley
pay Mrs. Smiley permanent alimony at the
rate of SO month, and also a counsel fee
of 800.
Mr.. Smiley, in his bill fled this afternoon,
sets forth that prior to his marriage with
the defendant he was possessed of certain
real estate. as was the defendant and both
being DESTROYS that neither should acquire
any interest by virtue Of the contemplated
intermarriage in the property owned by the
other. entered into an ante-nuptial agree
ment.
The StipulatiOns.
Among the stipulations of this alleged
agreement were the following:
AT the expiration of three years from
said marriage either party shall have the
privilege of asking for its annuling. and
in that event both have hereby agreed to
aid in every possible way to accomplish a
separation ana legal release from
such marriage. or by mutual consent the
separation may be simply living apart from
each other.
IF there be offspring to be provided for.
the eldest child shall be taken by the
mother. if it be a girl, and by the father
II 1t be boy. The second child shall be
taken by that parent who does not take the
first child Any other disposition can be
made by mutual consent.
The property now held by each party
shall SO remain during and after marriage.
Each shall have the exclusive control and
management of his OF her property, the
other hereby agreeing to execute all needed
papers In order to enable each to sell real
estate and to DO all other things needed to
accomplish this intention. All laws which
have been enacted contrary to this plan
shall be of no restraining effect in this
case. and both parties agree to make them
such.
This marriage is especially designed to
secure the physical recovery of said E. L.
and to enable her to secure a mental devel-
Opment through literary work and other
wise. to which she pledges herself to use
every endeavor under the direction OF said
e. W. The failure to secure satisfactory
health or to work faithfully for the mental
culture will be a sufficient ground upon
which to ask for and bring about separation
and divorce
Were Never Signed.
Because of inadvertence and oversight,
says Mr.. Smiley, the memorandum of
agreement was not signed by the parties.
but, he adds. there was never any express
sion of dissatisfaction with or dissent there
from Mr.. Smiley goes on to say that the
memorandum of agreement was acknowl-
edged. reaffirmed and renewed In another
memorandum Of agreement signed by Mrs
Smiley May IS, 1891. after the marriage