The Providence news. (Providence [R.I.]) 1891-1906, 1902-05-09
DOG CAUSE
OF DIVORCE.
wife Objected to Taking Canine
on Family Excursion.
HUSBANDTHEN MADE OUTBREAK
Mrs. Lister ALLEGES REPEATED Acts Of
Cruelty snd Use Of GROSSLY Insult.
Ing Language.

new k1R3r may S-mTss Emma II. Lis-
ter testfnSA yesterday at Newark, n. j..
at the hearing before Vice ce-Chandler Emery
In the suit for divorce brought by her
against her husban6d. Robert T. Lister.
The defendant is the son of the late Ed
win Lister, the millionaire fertilizer man
ufacturer. This is the third suit brought
by Mrs. Lister 10 secure legal sepa-
ration from her husband. The two other
suits were abandoned, she says. because
her husband promised TO mend his ways.
but as he failed 10 live up to his promises
the present suit was begun on the ground
OF desertion and cruelty.
Mrs. Lister swore the first year of her
married life passed happily, but that
ever since she had been the victim OF
abuse and cruelty. She said the trouble
began one day when they had gone TO
Ashbury park for a short vacation. She
and her husband went on a quiet family
excursion TO Shark river and he insisted
on taking along a pet dog. She objected.
on their return her husband she said.
went into the railroad station at Shark
River and left her outside with the dog.
The dog got away and when her husband
came out OF the station he was very an
cry. lie chased alter the dog and caught
it, and when he returned, she said, he
told her TO get on the train which had just
arrived at the station and left her.
THE FIRST OUTBREAK.
He boarded the rear car and walked
through the train until he came 20 where
she was sitting. Then he told her, she
said, in loud voice so that the other pass
engers should hear. that she was mo
good" This. the plaintin said, was her
husbands first outbreak, but after that
his abuse was constant She alleged that
while they were living in Elizabeth ave-
nue.. Newark. her husband struck her in
the face bringing blood and making
scar on her cheek, which she still bears.
She said she had 10 have medical at
tendance at that time.
She fed from the house with her two
children and went TO the house Of her
mother-in-law where she stopped over
night. The next afternoon her husband
came TO the house and begged her 10 re-
turn home and she did so.
Mrs. Lister said some time afterward
she was awakened at o'clock one morn
ing by her husband. who had grasped
her by the throat. lie said, II may as
well do you now as any other time"
She broke his grasp, and, getting out OF
bed. ran into an adjoining room where
her children were sleeping. He followed
her there she said and again threatened
TO kill her.
Mrs Lister testified that on severai
other, occasions her husband had struck
her She left him at the Continental
hotel I'm Newark, taking her children
with her. and went 10 the home of Mrs.
Sophie Friedman. in West Thirty-second
street. New York, who had lived formerly
In Newark. Mrs, Friedman had friends
stopping with her and had no room for
the plaintiff, so she went 10 the Herald
Square hotel with her children and en-
gagged two rooms.
INDUCED TO RETURN.
She remained there from Friday until
the following Thursday, taking her meals
az Mrs Friedman's house. Then her hus-
band went to New York and induced her
To return with him. She said she had
lived i'm constant terror with her husband
and that he had been in the habit Of using
the vilest language in the presence of
herself and their children. He had told
her that she and the children could go
to nell"
She finally told him she could stand
his abuse no longer. He asked her what
she was going TO do about II. and she
said that she would sue for an absolute
LISTER ON THE STAND.
The defendant was called by his counsel.
He was nervous. but some OF his answers
produced merriment in which his wife
sometimes Joined. Once or twice the hus-
band and wife looked into each others
eyes and both smiled good humoredly.
Lister denied all charges of cruelty al
legged by his wife in her testimony.
did you ever strike her?" asked Mr..
Kalisch.
We'll. I'll tell you" replied Lister.
Like most married persons we had dis
putes. She was more apt 60 have a dis
pute out than was. She'd strike at me.
and II I'd push her away she'd say:
There. now, you struck me-
she says you blacked her eyes?"
"1'll tell you about that crack she got
I'm the eye We were playing tag and she
chased me. I ran upstairs and she came
after me. My foot slipped and went back.
striking her in the face. / was sorry
for the mishap and told her so. She said
the fault was hers"
did you ever swear at your wlfe?"
asked counsel.
IL might have sworn a little at times.
in laughing way, but never 10 do any
harm"
The case was continued.