The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-03-22
ALLOWS WIFE
TESTIFY
Interesting Ruling Of Judge
HanCkelSi In Divorce Case.
8AsTo FACT OF MARRIAGE T
She Is Not Regarded as Competent
Witness, However, as to the Acts for
Which She Seeks Divorce.
Trade-Mark Injunction Case.
tspcc,s, Is The Times lisp atch.

& f-. .------+-------4 Isaa.'lt l1HHf
fSf 5 fspecial 10 The Times Dispatch,
NORFOLK, VA, March 2L--Judge
Allan r. Hanckel reversed the practice
Of the court in divorce cases here to-
K day. Heretofore the party seeking d.
vorce was rot allowed to testify as to the
\ grounds for seeking divorce. That went
30 far at times MS to exclude the testl-
mony OF the Interested parties as to the
tact Of tho marriage. If the plaintiff
could not prove marriage. Of course.
4 no divorce could be granted. Attorney
i. a. MoNeal, In the suit Of Victoria
s;henery agalnst Emanuel shenery. for
divorce, which was granted to-day, show
ed authorities to tho court which changed
the practice OF tho Court OF Law and
i Chanoery here and allowed Mrs. Shenery
to testify as ito tho fact OF her marriage
to the defendant In 1885, when othcr proof
OF the marriage was lacking. Tho de-
cislon Is that she is competent wit
ness as to the tact OF marriage, although
not a competent witness as to the acts for
which she seeks divorce. The divorce
4 Is granted on statutory grounds The
defendant 1s q clerk In a transportation
office, and both are natives Of Germany.
though they have lived here for several
years. III. n. IA
Judge Henckel. sitting in the Court OF
law and, Chancery during the illness
OF Judge Martin. granted a decree Of
divorce to Mary Wallace Wall Harwood
4 this morning. The declaration states that
she ana George 81 Washington Harwood
wore married in Raleigh. N. c.. in Mo-
vember. 1901 and that the defendant
abandoned the plaintiff in Jacksonville.
Ella, leaving her In a penniless condi-
tion. The petition declares that The
defendant has been assoc1at ting with lem
ME Delk and others. and has broken his
vows. The plaintiff alleges that she has
! been supporting herself as RtenQ-
grapher, and has lived here for year or
more. The decree allows the plaintiff a
maiden name, Mary Wallace Wall.
TRADE MARK INJUNCTION.
II. G. Williams. & Company. liquor
4 dealer Is forbidden to use the trade
mark Of Charles IL. Ross. OF Baltimore.
Judge W'addill's order was received here
this morning, granting the Injunction re-
strainng the use OF the brand, ]. Jack
son Pure Five Years Old Rye, on whls-
key barrels painted yellow. The plain
-
that brand, and that the defendant
luld used 1t to sell other whiskey than
that Of the plaIniff. The Injunction Is
temporary till tho Case comes UP Tor
trial. when the plalnksr will ask for
z heavy damages. Bs
A lynchIng was narrowly averted 81
Mount Herman, a colored settlement near
Port Norfolk, to-day. Sergeant Brinkey
4 OF Suffolk and Hurricane Branch ar
4 rested last night In Suffolk a negro an
swering the description OF Chris Edwards,
the negro charged with crim!nally as
i saultng the wife Of Rufus ROOTS, re-
4 speotable colored man of Mount Herman,
3 on the afternoon Of March 18th The no
4 gro Is Sam Wesley, OF Tarboro. N. G,
When he was brought by the officers
I 10 be Identified by the woman. he was
confronted BY a mob Of angry negroes
+ They would certainly have attempted &c
take him from the officers and hang him
II he had been recognized- Flo protested
his Innocence all the way to the house
II OF tho woman who had been assaulted
and whom, in the presence of the officers
and many spectators. she declared tha
Wesley was not tho man: that he Is
taller. and brightr in color. Wesley
said: THANK God" Then the mob dis
persed and 1.-THE danger was over. Tbs
4 negro was released from custody and re
turned to Suffolk with the officers.
3 sHIPWRECRED BDANLEN ABOARD.
Tho crew OF the wrecked schooner
+ C. Glidden. Mt Caps Lookout, N. c.. ha4
been heard from. ca ptain Watson. OF tn
British steamship John II. Barry. whlcl
passed in the Capes last night. reported
that while coming UP the coast from New
Orleans he spoke the schooner Edwar.
s.. Elotesburg. of New York. on her wa!
to Philadelphia, having aboard tho crew
OF tho Gliddcn. Tho GlIdden was hnun.
from Baltimore to Galveston with carg
OF coal at the tmo che went ashore. TIL
vessel and cargo arc total loss. TIL
A Glidden went ashore In fog and tn
crew was taken OFT by an unknown
steamship that happened to so ashore a
the same time. but which foatcd unas
sisted. The steamship transferred tn
crew OF the Glldden to the Slotesburg Il
mid-ocean.
Tho Merchants and Miners Hteame
Kershaw. that left hero last night TO
Baltimore. went ashore In tho fog Mt
point Just Off Wolf Trap light at nbol
il o'clock. At the tme of the ground
Ing II was extremely low tide, but n
further damage was done. The acc
dent was reported here ut the Office q
the company by Captain Amy Of II,
Bay Line steamer TENNESSEE which ri
4 rived this morning. No uneaslness wha
ever Is felt about the safety OF tho Ke,
shaw. and the officers Of the compar
are confident that she will be hoated 5
high tide and will proceed on her wa
ITO Baltimore without any damage wha
ever.