Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-10-03
|VAN D[RV[[R ROASTED
Judge CssWell Scores the Young
Nan q the Gloss of His b.
laetsnt Testimony.
Court Says 10 Does Not Believe His
Story and That BE Must obey
Courts Order
Isquandsring Of Money Considered q
Contempt Of Court Mrs Dies.
ing's Pension Money.

Ed w. Van Derveer was on the stand
nthe district court again this morning.
to answer further questions in the ex.
animation demanded by his wife's at.
torney in her suit for permanent ALI
mony and to show cause why he had
not obeyed the order OF the court to pay
her 500 as temporary alimony. AT the
conclusion Of his testimony Judge Cas-
Well took occasion to give Van Derveer
a vigorous word dru bling. and the lat
ter appeared for the first time to be iin-
pressed with the Importance of oneying.
van Derveer had, in his effort to
show that he had no money, testified
that he had purposely squandered it in
slot machines and by other means,
practically admitting that it was his
intention to prevent his wife and chill
dren from receiving any help from him.
When the examination, was concluded
Judge CaswelI said: & s s
II want to, In as kind a way as i can,
have you obey the order OF this court
and pay this amount in, that / think
was a very small allowance to your
Wife. And wish to say to you that
the easiest way for you and the court
would be for you to comply. Now /
shall consider. and do consider, that
where you get rid OF your money
ssQuander your money-and do not com.
ply, it is a wilfultcontempt on your part
to disobey the order OF the court; that
Is, consider your squandering your
"a ND. lot
to comply. the same as an
absolute refusal to obey the order OF
the court, and I shall act accordingly.
Now. may be in error; don't know;
but do not believe that you are work.
ing for nothing. I Believe that to be
an effort to avoid the order OF the
court. OF course no matter what the
order of the court is. if you made an
honest effort to pay it and could not,
the court would consider that you
We're guilty OF no contempt. But you
have told a most terrible story here,
and told 1t in f1ippant way that indi-
Gated that you had no regard either for
your family or for your duties as man
or for the order Of the court. You had
better in some way get your family
some money. don't know as the
court can furnish you work where 1t ID
very remunerative, but in some way
you ought to labor for your family OF
course IL the court was satisfied that
your wife refused to live With you when
you We're not the cause.-the just cause
of her refusal-it would be different
thing, but now as to that don't know.
But whether she is right or wrong. she
has a right to have these matters ex.
amined and contested, and she has a
right to have you assist her in that. A
man is supposed to be the money-getter
claims that she is ill-treated, she has q
right to have that contested in court.
and the head Of the family must fur
nlsh the funds for that contest for both
sides. If this man has no money and is
healthy, he wants to go to work
and he wants to turn all of his earnings
over to comply with the order of the
court that he can, and he doesn't want
to squander it on Slot machines or
other gambling devices, for shall con
slider that an absolute refusal to obey
the order of the court, and a contempt
for which the consequences will sollow.
The wife is taking care of these child
rem. She is doing her share ana you
want to do yours. Now. your answers
in regard to this $1,000. that you do not
remember, have no recollection what
time it was paid, are very unsatisfac-
tory-hardly credible-and as to
whether you have handed it back. and
don't know whether you have handed
back thousand dollars or not. OF
course can not believe that. I shall
ter5regard any such expenditure
for clothes and wearing apparel and
squandering money upon yourself and
not paying money to your family as q
direct disregard for the order of the
burned it up in the presence Of the
court to keep it away. and shall act
accordingly.
Further investigation OF the Van
Derveer matter. was postponed until
Saturday afternoon. when the defend
ants father and perhaps other wit
nesses win be examined.
VICTORY FOR MRS. DIEsINcs.
Judge Caswell heard the arguments
today on a demurrer filed by the coun-
ty in the suit brought by Mrs. Caroline
blessing to recover money paid by her
as taxes. Mrs. blessing. who is sol
oilers widow. was served with notice
that she was owing back taxes on
mortgage loans to the amount OF Sover
800. This amount she Immediately
paid to the county treasurer, bur later
she employed counsel and set up the
claim tina I. her loans Of 81, 500 were PEN
sion money received from the govern
ment, which had been kept intact and
always considered as her pension. Suit
was brought against the county TO re-
cover the amount paid as taxes. The
county demurred to the petition On the
ground that 1t was not shown that the
money was her pension and further be-
cause she had voluntarily paid the
taxes and therefore could not recover.
Judge Caswell overruled the demurrer,
thus practically deciding the case in
Mrs. Dlesing's favor. County Attorney
Stone says he. will not appeal the case
unless the supervisors wish to do so.
b CITY WINS PAVING SUIT.
Judge Caswell on Tuesday afternoon
rendered decision in the King paving
case, tried early in this term of court.
The decision is in favor Of the city and
holds that Mr.. King, g property is liable
to the assessment for paving on North
Center street. Mr.. King sought to re-
strain the city from assessing the paw
ing against the property, on the ground
Ax.~A H. = 4 - ~