The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-03-14
MRS. TRACY TAINTED.
Ordeal of Testimony in Her Di-
YOrce Suit Causes Collapse.

When Mrs. Gretta NJ Tracy, the
plaintiff in a divorce suit in the dis
trict court, completed testifying in her
own behalf today, she was so exhaust
ed that it was impossible for her to
leave the witness stand alone. Assist
ance was rendered her. but before she
could be helped to the door she became
unconscious and remained SO for an
hour.
The Tracys lived on a farm near Val
encia until they separated about year
ago. H. B. Tracy. the husband, was an
assistant in the United States district
attorneys office while w. c. Perry oc-
cupied the office, and during several
preceding administrations and is we'll
know in Topeka. Mr. and Mrs. Tracy
were married at Larned in 1890, and
soon afterWard moved to Shawnee
county.
A year ago Mrs. Tracy filed a suit
for divorce, alleging that her husband
did not provide suitable food and cloth
ing for her, that the children did not
day school, and that Mr.. Tracy COM
PEELED her to do a mans work on the
farm, going out into the fields and TAX
ing care of the stock.
Mr.. Tracy filed a cross-petition in
which he stated that Mrs. Tracy had u
habit of getting unreasonably mad at
him and abusing him; that she left him
in 1891 and stayed away for a week,
that the following year she went to her
mothers home at Larned and remained
for several months, after which she
came to Topeka and applied for a di-
vorce, but failed to prosecute it, and
finally returned to live with him again.
Mr.. Tracy also makes charges of inf
deity against his wife, and names VIII
liam Deer, a farmer who lives near Val
enc1a, as correspondent
Mr.. Tracy owns a small farm near
Valencia and cOnsiderable live stock.
Mrs. Tracy asked for alimony, and also
for the custody of the four children, and
the children are the principal cause of
the litigation. They range from to 8
years of age.
Mrs. Tracy testified on the stand to
all the allegations she had made in her
petition, claiming that Mr. Tracy would
not provide for her. made her work in
the fields on the farm, and had even
compelled her to sleep on the floor. She
was represented by D. @. TiIlotson and
ined by L. F. DOran, of the firm of
Ferry & DOran. She bore up under
the ross-examination until it was con-
cluded, and then she collapsed. Court
adjourned for time, while her friends
were trying to restore her to conscious
ness, but it finally reconvened and wit
nesses were placed on the stand to
prove Mrs. Tracy's good reputation, af-
ter which the plaintiff rested.
The defense Immediately entered a
demurrer to the evidence.
IF you viii withdraw your cross-pe-
tition," said Judge Hazen, q will settle
this case in short order. Under the
statutes the court cannot grant a di-
vOrce to either party on the uncorrobor-
ated testimony of either. There has
been no evidence introduced to make
out the PLAINTIFFS case"
What effect will that have on the
children?' asked Mr.. Doran
THE court will have no Jurisdiction
over the children after the case is dis
posed off, answered Judge Hazen.
At the request of Mr.. Doran the court
then adjourned until afternoon to al
low the parties to settle matters per-
tanning to the children before conclud-
ing the suit.