The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-13

HENRY wAwRA UNABLE cow TO
MARRY WOMAN OF HIS CHOICE.
He Thought He Had Been Divorced
When He Secured a Marriage
L~icense-Other Cases.

BY an unusual chain of circumstances
Henry Wawra, custodian of the German
House. and L~eopoldine Schneider. who has
charge of the culinary department, almost
reached the marriage altar and then the
ceremony was postponed. Wawra was
given a decree Of divorce from his wife,
who is in Vienna. Austria, yesterday morn
ing. by Judge McMaster. of the Superior
Court. An hour later, Wawra. with his in
tended bride, applied at the county clerA s
office for a marriage license. The papers
were issued and the two left the court
house.
Soon after the decree was granted Bert
Beeler, clerk in Judge McMaster's court,
in entering up the court docket. discovered
that no services had ever been secured by
summons or publication upon Mrs. Wawra-
He Immediately Informed the court and
Judge McMaster set aside the decree. This
act left Wawra still married to his former
wife with a license TO wed another in his
pocket. As soon as the decree was set
aside, Cass C~onnaway, who represented
Wawra, and John L. Grifiths, who repre-
scented Mrs. wawra, were notified. Mr..
Grifiths was called into Judge McMaster's
court and the case was explained. 1t is a
rule in the court that when no ummon Is
issued the attorney representing a default
ing defendant in a divorce suit must file
and have placed on record a certificate of
power of attorney signed by his client. This
had not been done. On this account and
because there was no service either by
summons or publication, the decree was set
aside.
wAwRA NOTIFIED.
An attempt was at once made to find
Wawra nv fa1onhnpa nv his affOrnav m
notify him, but he was not seen until late
in the afternoon. The attorneys did not
then know that he had procured a marriage
license. and when advised of the fact
warned him to go no further in the pro-
ceeding. 1t had been arranged to nave the
wedding last night, Ii is stated.
The complaint for divorce stated that
Wawra and his wife were married in
Vienna, Austria, May II, 1887, where they
lived until 1892. Wawra came to America
In that year to better his condition. ii is
said, with the understanding that his wife
was TO follow as soon as he procured means
to bring her to this country. He AYERS
that he sent her money TO come on, and
wrote letters, but she refused TO come and
did not answer his letters. He says she
has refused to answer his letters since
1893.
Judge McMaster held that the complaint
was sufficient for divorce. On the back of
the complaint was written, Don't issue
summon until notified" The clerk was
never notified and that is why no sum-
mons was ever issued.
Leopoldine SCHNEIDER also came from
Austria and she and Wawra were &C
q~uainted there. She has not been I'm this
country long and in Indianapolis but a few
months. Yesterday afternoon when she was
asked about the marriage she said it had
been performed by a priest at noon. Those
about the German House thought the couple
were married and she tried to tell where the
nIrr nAA -. Lao FL -I4.
was performed. Being unaccustomed TO the
ways of this country, ii is supposed she
thought the granting of the license was the
marriage and that Clint Hare. who issued
the license, was the priest, as Wawra en-
phatically denies that a ceremony was per-
formed. Because of Wawra's popularity he
received many congratulations from
those about the courthouse. and this is
thought to have added to the conviction of
the intended bride that they were married.
Wawra feels grateful that the mistake
was discovered in time to prevent the cere-
mCny and says the license will not be used
until everything is Strengthened out and he
is sure his application for divorce is
granted.
MIR. GRIFFITHS'S STATEMENT.
Mr.. Grifiths said yesterday afternoon:
II was fully authorized to appear for Mrs.
Wawra by attorneys in Chicago. who were
in correspondence with her attorneys in
CAilld q EO Va
any kind, as she was informed of the filing
of the suit and knew at all times of its
tendency, and was anxious that the di-
vorce should be procured. The only thing
that was not done was to have a power
of attorney signed by her placed on record.
The court, after hearing the evidence.
granted the decree. When ii was found
that the power of attorney had not been
filed, the Judge called me over to the
courtroom and said that while he was per-
fectly satisfied l had full authority to ap-
pear for Mrs. Wawra, he thought 1t best
to set the decree aside until the power of
attorney was secured and filed. / immedi-
ately wrote to the attorneys in Chicago to
nave the instrument forwarded. Before
Mr.. Wawra could be reached and notified
that the decree had been set aside he had
| procured a marriage license. He informed
me, however, that he had not married
| again, and will no., of course, do so, If at
all, until the power of attorney has been
filed and placed on record and the decree
| granted. When told of the situation, he
expressed regret that he had taken out
the license and that nothing further would
certainly be done by him until he was
legally divorced. He and his wife have
not lived together for eight or nine years.
1t is an exceedingly annoying matter in
which a formal requirement of the court
had not been complied with. No one has
been injured, and in a short time. the au-
| thority required by the court will be re-
ceived."
Chosen Friends Appraisement.