The St. Louis Republic., 1900-11-13
DIVORCE DOES NOT
FREE WIVES TONGUES
Supreme Court Holds That Il
Woman Cannot Testify Against
Divorced Husband.

! REPCEln' SPECIAL.
| jefferson city. Mo. Nov. 1..-Diyisiou No
> OF IN" Supreme Court met this morning
| and handed down six opinions five Of which
were in criminal cases
Among the decisions delivered. there were
/ two cases in which defendants are sentenced
| to the death penalty.
' one case Is that % Noah AlcC;innis. Of
| bates County. who WAS convicted of The
murder of Frederick Eorchrrding :. Ger
man farmer living in Bates County. on
| April II. 1899 McG!uniss murdered BGrch-
"rdih$ while the latter was in lis own
3. houS" the defendant firing upon him
through window with i pistol McGin-
Mss Will be hanltei for this crime ON De-
c"nber % 1900.
ihe other murder case decided by liz.
court Is that Of Milo Gregory of p,Inkiin
county lie was working for Joseph Gov
el'. a lumber dealer. in Duni.lin County.
Ih"y became engaged In Il dispute. about -
cents which Covert claimed 10 he due hin,
tiroGorN had rife with him and d.librr-
ately shpt Covert in the. latter's stor. For
'hls rim" he IS sentenced TO ham; Decrm-
bel % 1900. The crime was committed
February 70 lsy4
III IN" ease Of State W. k0,lat apuaaie,I
ron >. Louis, Judge CAN'T Speaking for
the court, decides Il proposition entIral,. neu.
III ne law OF Missouri. II is with r,.-
gard To tlie adin5s:hiliry Of the wife's tes-
'tin"lIy against h"r husband where he is
'har-'i with thc commission of crime.
against ah'.h"r marty. when the wife has
oeeI dtF"Trt" anu -"par"ted rom her hus-
bard ard Is 10 longer living with him
Judge CAN'T says speaking of kodat.s
wife:
was she competent - testify 10 Il fact
which directly showed the husband was
guilty Of the crime charged IN th., ,ndict-
M.nt. tc wit. hat lie shot al the prosec,,
uiN. We think most clearly not The law
assumes thht 1t husband will NOT commit 4
Gfime In tn" presence Of his wife. except
III the confidence induced by the marital re-
l"iion. |, is the policy Of the law thar
mos things which are privileged during
the marriage relation shall remain forever
ihEloiah!e. whether the relation hus ceased
ny reason of death or divorce. and the
divorced wife from reasons Of public policy
Is Incompetent To testify against b.r I,rs
band to the same extent she would hay.
dissolved"
CAN'T, p. j.
ConIten iitll Improvement Company v- Tow
stat" -. ho!at. reversed and remanae.
rtat" ,n W.. Gregory affirmed: execution Decc,n-
CHARGED. ~ F''''''S ''S
State -; McG!rr!.; affirmed: execution Decem-
Stat" ~. Fannon: reversed and renlanded.
MOTIONS:
nvcrru!ed " f'O' pr
,Ah"lrha Lodge vs. Crawford: cost O. ur,D.,nr-
abstract allowed for IS 80 i-''h
tittsT'r ". crawford: cost Of printing abstract
Grand River Lodge vs. Crawfori cost O, print
ing Hf'strlct allow 10Y IS " '-
state W. Harper: leave to sue as poor nerron
denied - P''' person
SS,ate We Grown: motion 10 reIrsta,e over7iled
State -: Norman: appellant Norman. dis,nisses
her appeal '' '''''E'S
Elliott vs D,sS Moines Life Association. ,-n
tl"n to dismiss taken with the cass on tts merit
.I"I: W; SPEAR: ieav" 10 as poor perq u,
I" 'iei: ordered that appellant paw dc-,ke, zee r,
or or DSi9re December l. or hts appeal Will be dis
Division No. adjourned to November =, 1900.