The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-17
MUST KEEP HER NAME
COURT REFUSES TO HELP WIFE
WHO DESERTS HER HOME
WITHOUT CAUSE
JUDGE OTIS DENIES MRS.
BENJAMIN'S APPLICATION
Declares That She Forfeited the Right
to Resume Her Maiden Name, as
She Left Her Husband Without Ex-
cuse--Mrs. Mary Louise Bernier Mil
Ter Granted a Divorce.

A wife who deserts her husband and
leaves her home without cause is not
entitled to a court decree restoring her
maiden name Such was the ruling Of
Judge Otis, delivered yesterday, after
granting Walter w. Benjamin a di-
vorce from his wife, Matte M. Ben
jamin, nee Cook.
Mrs. Benjamin was represented at
the trial by her attorney, Herman w.
Phillips, but she did not appear in
person, nor did her lawyer offer any
testimony In contradiction Of the dam
aging evidence Of the plaintiff and his
witnesses. But at the conclusion of the
case, Mr.. Phillips asked the courts per-
mission for the defendant to resume
the name of Matte M. Cook.
81 will not grant that request" re-
piled the judge, with great emphasis.
'"The defendant voluntarily assumed
the name of Benjamin. So far as the
evidence shows, she was provided with
a suitable home, and all the comforts
and conveniences that her husband had
it in his power to provide. There is
no testimony that she had shadow
Of excuse for going away, and I do not
find that she is entitled to the slightest
consideration from the court"
Mr.. Phillips tried to argue the mat
ter with the court, contending that at
common law the wife had the right,
even without a decree, to resume her
former name.
Not Entitled to Courts Help.
eff that is So" interrupted the judge,
"why do you ask for decree? The
court is not disposed to grant her any
relief whatever. She has all the rights
the law allows her, but she must not,
in view of the course she has pursued,
ask any help from this court"
The uncontradicted testimony in the
case showed that the parties had mar
ried in 1888, when Miss Cook was sew
enteen; that she had a devoted and
faithful husband, who cared for her to
the best Of his ability; that she had
left him and gone to Montana, saying
that she would never live with him
again, and that when she returned to
st. Paul and he asked her to come
back to their home, she refused. Mrs.
Benjamin is now living in this city,
while Mr. Benjamin is a surveyor in
the engineers department of the Great
Northern railway. No children were
born of the marriage.
Judge Otis also granted a divorce to
Mrs. Mary Louise Bernier Miller, who
married Frank Arthur Miller at Cen
terville, Ramsey county, in 1898. She
told the court yesterday that her hus-
band had deserted her six years later,
NIl1OuI pIOFOCdIIOH. Lie CllltdISI oil
a boy of seven and girl Of five.
The defendant was cook on a din
ing car at the time of his disappear
ance, and earned $50 a month. He
left his wife, according to her testi-
mony, when she was ILL., The sick
woman was obliged to return to the
home of her father, Dennis Bernier, at
CenterviIIe, and had since been unable
to discover any clue to her husbands
whereabouts.
well" said the judge, looking slyly
out of the corner of the judicial eye"
I don't imagine you were very anxious
to find him again, were your"
mo, not so very anxious" answered
the witness.