Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1903-08-19
Mr.. and Mrs. Brewer Separate.


petition for divorce from her husband,
Emmett L. Brewer, in the district
court. She alleges drunkenness, ex-
treme cruelty and failure to provide
the necessaries of life. Seward 1.
Field and Samuel Griffin are her at
torneys. Noble & Tincher are Mr..
Brewer 3 attorneys.
Before the divorce suit was filed Mrs.
Brewer swore out q warrant for the
arrest Of Mr. Brewer charging him with
assault and battery. She stated that on
Monday OF last week Mr.. Brewer came
homo drunk and beat her. and while
thus tOrturing her, took up a large
carving knife and threatened to kill
her with 1t. In substantistion Of the
statement, she had large bruise
on her arm. She seemed to be in fear
OF the man and stated that she would
not risk meeting him nywhere.
The issuance of this warrant seemed
to place the county attorney In a very
embarrassing predicament. He had
already been employed by Mr.. Brewer
and the arrest made 1t his duty
to prosecute him. Before the arrest,
| however, Mrs. Brewers attorneys con.
suited the county attorney and asked
him If he would dismiss the case If 1t
was brought and he said he did not
think he would. but when Mr.. Brewer
was brought before Judge Collins be
changed his mind and instructed the
justice OF the peace to dismiss it.
The county attorney did not appear
outright as Brewers attorney in this
case, he simply advised the court as
county attorney that there was nothing
in the case, that he did not desire to
prosecute it and that he wanted it dis
missed. He was willing to assume the
responsibility and 1t is hardly probable
that he will attempt to shift the blame
in this instance on the county COM
mlssioners. To the ordinary individual
it seems very strange that the county
attorney should refuse to prosecute a
case Of this kind. The woman showed
him the bruise on her arm and told hel
story, but 1t did not move him more
than to give her permission in a half.
hearted way to swear out a warrant
only to give him an opportunity to stop
the case later. The beating OF a wo.
man together with knife play and q
threat to kill may not be q breach of
the law and perhaps ought to 60 un-
punished, but there ale some citizens
who do not think so, and some
are bold enough to say that an officer
I who stands between the offender and
justice is unmindful Of his duty. G..
NJ. Martin was Mr.. Brewers attorney
in the criminal case.
It was also stated that the arrest was
made merely for the purpose OF
Strengthening Mrs. Brewers diyorce
proceeding, but her attorneys refuted
this by saying that If there was nc
foundation for the criminal prosecu
ton, there certainly Is no foundation
for the divorce case and if the defend.
ant should be acquitted 1t would virtu
ally be victory for him in the divorce
suit.
The facts as above related were stated
in open court by Mrs. Brewers at
torneys. The county attorney agrees
with them excepting that he says he
did not authorize the bringing of the
action. OF course there was nothing
mercenary in his action. His conduct
Is Tar above suspicion. but Mr.. Brewer
was not at all excited when he was
arrested. He told the deputy sheriff
that 1t would all be fixed in two min
utes. He seemed to be good on the
| guess.
Mr.. and Mrs. Brewer were married
at Wellington few years ago. He con.
Quoted billiard hall in this city until
q few months ago when the mayor and
council prohibited the business. He
now resides at Kiowa where he Is con-
Quoting q similar business.
She asks, in addition to an absolute
decree OF divorce. that her former name
OF Elizabeth Osborne be restored and
that he be denied all right to her
property.
THE SUIT DISMISSED.
| Mr.. and Mrs. Brewer settled their
differences out OF court yesterday and
she filed motion to dismiss the action.
It appears that her fear has subside6
and the husband has secured her for
money used by him. In romance, we
believe, this would be styled "A Happy