The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-04-22

The Case of Andrew j. F1anner
Against His Divorced Wife Took
Up the Entire Day Yesterday-He
Is Suing to About S15,OOO
worth of Property.

chau. attorneys for George Alderman,
executor Of the will Of the late VIM. II.
Poisson and Of Cornelia Alderman r.
c. Merritt and wife through their coun-
sci. BeIlamy & Bellamy conserving
thereto. 1t was adiudged and deccecd
that the will OF the late William N
Poisson was his last will and testament
and that the same has been proved ac-
cording to law. 1t was ordered that the
cause be dismissed at the costs of the
Yeato
The case OF Andrew j. Flanner
against Carrie l.. Butler and her hds-
band Henry w. Butler. of Washington.
D. c.. was taken up soon after court
met yesterday morning and it occupied
the entire day. The attorneys for the
plaintiff are Stevens. Beasley & Weeks.
Rountree & Carr. and Rellamy & Pes
The defendants counsel are Bel
lamy & Bcllamy. Eugene S. Martin.
Esq, and Herber McClammy, ESQ.
The defendant. Mrs. Carrie L. Butler.
was formerly the wife of the PLAINTIFF.
Andrew +. Flanner. from whom he was
divorced in 1900. He is suing her to
recover property amounting to about
$4,000. In his complaint he alleres
hat he was married to the defendant
formerly Miss Carrie l.. Larkins) in
Wilmington, March 1, 1885, that they
maintained the marital relation till
April 1899: that in November 1886. the
plaintiff had a large noun Of cash,
bonds and securities on deposit in the
First National Bank of Wilmington;
hat one William Larkins, his wife'S
father. was an officer of said bank AMI
hat Mr.. Larkins informed him that the
ban had a very valuable piece Of real
estate for sale, the property being the
three story brick building at No ia
North Front street, now occupied by
Colonel F. w. Kerchner. The complaint
further alleges that the said Larkins
persuaded the plaintiff to purchase the
property at 1000. and that the plain
tiff consented and instructed Mr.. Lar
kins to execute the deed to him and
pay for the property out of his funds
in the bank. 1t is further alleged a
instead Of executing the deed to him
Mr.. Larkins had it made out to Carrie
L. Flanner. plaintiffs wife. and had it
recorded. all of which was done with
u the knowledge or consent of the
plaintiff and contrary to positive dirnc-
lions. That April Is. 1892 the plaintiff
entrusted $4,000 to the keeping of his
wife and she invested it in a certain
nfaaa ~ Dn INifth nr1 Dna1r
streets. known as the Peschau place
and hat she had the deed made out IN
her own name. The plaintiff alleges
that he collected the rents and profits
on all the property described until 1899:
that in April 1899, the plaintiff was liv-
ing with his wife at Clinton. n. c., and
that there she met Henry w. Butler,
who was a young lawyer and who in
formed her that q married woman could
manage and control her own property.
and that she then came to Wilmington
and made the first attempt to assert her
ownership of the property here; that
she notified the tenants not to pay any
more rents to the plaintiff. her hu5-
band. and that since then she has coll
lected the rents herself or by agents.
The plaintiff goes on to allege that Don
afterwards the defendant deserted him
and went to Sious Falls. South Dakota,
where she received a divorce in the
circuit court of Minnehaha county; that
she left Sioux Falls and went to Wash
ington. D. c.. where Henry w. Butter
was s%ojourning and there she married
the said Butler n is still living with
him in Washington; that the plaintiff
has demanded of the defendant his
property and that she refuses to sur
render it or account for the rents or
that the rentals amount s1,70O a year,
and that since 1899, she has collected
the same. AS the defendants are new
residents of North Carolina. the plain
tiff asks the court to appoint a receiv-
er to manage the property n collect
the rents until this cause is decided.
He asks that the defendant be declar-
ed the trustee of the plaintiff, in chars~
of his property, hat the deeds be re-
conveyed to hin and asks for such 9TH
er relief as he is entitled to.
The testimony was concluded yester-
day afternoon. about so witnesses on
both sides being examined. Mrs. But
Ter. whose husband is a brother ot
former United States Senator Marion
Butler. is here and testified in her own
behalf. The plaintiff also testified. and
among the witnesses from Clinton were
L. A. Bethune. former editor OF the
Sampson Democrat. w. E. Stevens, w.
S. Patrick. w. J.. Beaman and z. z.
Matthews. The argument was begun
yesterday afternoon by Hon. George
Rountree for the plaintiff and he was
followed by Eugene S. Martin. Esq. :nr
the defendants. At s p. m. the courr
took recess till s:45 p. IN. when the
argument was resumed. speeches being
made by George L. Peschau, Esq, for
the plaintiff. Herbert McClammy, Esq,
for the defendants. and Henry L Ste
vens for the plaintiff.